Our Terms of Use

Updated August 4, 2023

These Terms of Use (“Terms”) explain the contractual relationship between you and GotOne Media LLC (“Company,” “us,” our” or “we”), regarding your use of, and access to, our website located at www.gotoneapp.com (the “Website”), the mobile application known as GotOne (the “App”) and the offerings made available to you through the Website, including without limitation all features and functionality thereof (collectively with the Website and App, the “Services”). These Terms, which include our Privacy Policy govern your access to and use of the Service and constitute a binding legal agreement between you and Company.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN US AND YOU, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH US THROUGH FINAL AND BINDING ARBITRATION. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 18 BELOW FOR MORE INFORMATION.

You acknowledge and agree that you have the legal power and authority to enter into these Terms. If you are entering into the Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms "you" or "your" refers to such entity

1. License

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Services on a device that you own or lawfully control.

2. Ownership

All materials contained on, in, or available through the Services, including all information, data, text, photographs, images, graphics, logos, button icons, sound, music, audio clips, data, forms, graphs, videos, typefaces, and other material, and software the selection and arrangement thereof, and all source code, software compilations, and other materials (“Our Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with Our Content, whether registered or not, are our sole property or the property of third parties. Our Content includes the GotOne name and logo and other related names, design marks, product names, feature names and related logos which may not be used, copied or imitated, in whole or in part, without our express prior written permission. In addition, the look and feel of the Services (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Company and may not be copied imitated or used, in whole or in part, without the express prior written permission of Company. Our Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Services, any ownership rights in Our Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Services, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.

3. Use Limitations

You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Services. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Services, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Company and its licensors irreparable injury, which may not be remedied at law, and you agree that Company and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.

4. Rights Concerning Your Information

You own the content you submit to us through the Services (“Your Content”). You can control how Your Content is shared through the Services and you may delete or request its deletion at any time, unless you have shared Your Content with others and they have not deleted it, or it was copied or stored by other users. In order to enable Company to operate the Services, Company must obtain from you certain licenses and other rights to Your Content so that Company’s use of Your Content in connection with the and/or Services does not infringe copyright and other laws. Accordingly, by using the Services and posting or otherwise submitting or sharing Your Content, you grant Company and those authorized by Company a nonexclusive right and license to copy, prepare derivative works of, improve, display, distribute, publish, remove, retain, add, process, analyze, and use Your Content in connection with the Services and for research purposes, all in accordance with these Term and the terms of our Privacy Policy. You agree that the foregoing rights and licenses are royalty free, irrevocable and worldwide, and include a right for Company and those authorized by Company to make Your Content available to, and pass these rights along to, others with whom Company has contractual relationships related to the provision of the Services or operation and improvement of the Services and for research purposes. The foregoing rights and licenses terminate when you delete Your Content from the Services, or when you delete your account, unless Your Content has been shared with others, and they have not deleted it. You represent and warrant that you have all of the necessary rights and permissions to post Your Content to the Services and that you will not post content or take any action on the Services that infringes or violates someone else's rights (including, without limitation, any third party intellectual property, privacy or other rights) or otherwise violates the law.

Company partners with a variety of research and academic institutions (“Research Associates”) in furtherance of the study and conservation of fish. You acknowledge and agree that Your Content may be shared with and used by Company’s Research Associates in accordance with the terms set forth in the preceding paragraph. You acknowledge and agree that Company and Research Associates may use Your Content as input to, and in connection with, use of generative and non-generative artificial intelligence tools for the purposes set forth herein.

Company will cooperate with law enforcement or a court order requesting or directing Company to disclose the identity of anyone posting any information or material prohibited by these Terms. Company may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Company, its clients, or the public.

5. User Feedback

All feedback, suggestions, ideas, and other submissions disclosed to Company in connection with your use of the Services (collectively, "Feedback") will be Company's property. Such disclosure of Feedback will constitute an assignment to Company of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Company will be under no obligation to maintain any Feedback in confidence, pay any compensation for any Feedback, or respond to any Feedback.

6. Access to the App through App Providers

When accessing the Services through the Application downloaded from an app store or app distribution platform, such as the Apple App Store, (the “App Provider”), you acknowledge and agree that: (a) this Agreement is made between the you and the Company, and not with the App Provider, and that the Company is solely responsible for the Application; (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Application; (c) in the event of any failure of the Application to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Application to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of the Company; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Application.

7. Restrictions

You acknowledge and agree that, except as otherwise authorized by Company in writing, you will not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Services or Our Content; (b) copy, reproduce, republish, upload, post, transmit or distribute the Services or Our Content; (c) modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Services or Our Content; (d) knowingly or negligently permit other individuals or entities to use or copy the Services or "frame" or "mirror" the Services on any other server or wireless or Internet-based device; (e) access the Services to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Services, (iii) copy any ideas, features, functions or graphics of the Services, (iv) monitor its availability, performance or functionality, or (v) for any other benchmarking or competitive purposes; (f) attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Company or its customers or suppliers, or those of any other party; (g) breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; (h) attempt to probe, scan or test the vulnerability of a system, account or network of Company or its customers or suppliers, or any Company product or service; (i) interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mailbombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, software; (j) forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; (k) collect responses from unsolicited bulk messages, falsify references to Company or the Services, by name or other identifier, in messages; (l) impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity; (m) restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Services (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information; (n) restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, to the Services or any Company (or Company supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to the Services or to any Company (or Company supplier) facilities used to deliver the Services; (o) create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and (p) knowingly: (i) send spam or otherwise duplicative or unsolicited messages in violation if applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.

8. Jurisdiction

The Services are controlled and operated by Company from the United States and are not intended to subject Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

9. Termination; Suspension of Services

We may terminate your use of the Services if you breach or otherwise fail to comply with these Terms. In addition, we may terminate your access to the Services at any time in our sole discretion.

10. Third Party Content

The Services may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our users (collectively, “Third-Party Content”). We do not investigate or monitor Third-Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Services to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage users to read and consider the policies of these other websites and apps before using them.

11. Copyright Infringement

We respect the intellectual property rights of others and require that people who use our Services do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.

12. Indemnification

By using the Services, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services or the creation, placement or transmission of any message, information, software or other materials through the Services by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

13. Services Interruptions

It may be necessary for us to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services. We provide no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption of the Services will not give rise to a refund or credit of any fees paid by you.

14. Disclaimer of Warranties

THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE SERVICES; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR OUR CONTENT; AND (iii) REGARDING THE PROVISION OF THE SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES.

15. Limitation of Liability

IN NO EVENT WILL COMPANY, APP PROVIDERS, OR THEIR RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES OR OUR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICES. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SERVICES EXCEED THE AMOUNT OF $500.00 U.S. DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICES OR OUR CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A FEE FOR THE SERVICES AND ACCESS PROVIDED HEREUNDER.

CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

16. Notice

Company may give notice by means of a general notice via the Services, electronic mail to your e-mail address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Company (such notice will be deemed given when received by Company) at any time by the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to GotOne Media, LLC at 81 Newtown Lane, East Hampton, NY 11937.

17. Modification to Terms

Company reserves the right to modify the Terms or its policies relating to the Services at any time, effective upon posting of an updated version of the Terms on the Website. You are responsible for regularly reviewing the Terms. Continued use of the Services after any such changes will constitute your consent to such changes.

18. Customer Communications; Disclosure

From time-to-time, we may ask whether or not you wish to receive marketing and other non-critical Services-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by notifying us. Because the Services are a hosted, online application, Company may need to notify all users of the Services (whether or not they have opted out as described above) of important announcements regarding the operation of the Services.

19. GOVERNING LAW; ARBITRATION OF DISPUTES; NO CLASS ACTION

THIS AGREEMENT WILL BE GOVERNED BY NEW YORK LAW AND ANY DISPUTES, ACTIONS, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WITH THE EXCEPTION OF CLAIMS FOR INJUNCTIVE RELIEF, WILL BE RESOLVED IN ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST COMPANY ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. IN THE EVENT THAT THIS ARBITRATION AGREEMENT IS FOR ANY REASON HELD TO BE UNENFORCEABLE, ANY LITIGATION AGAINST COMPANY MAY BE COMMENCED ONLY IN THE FEDERAL OR STATE COURTS LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK. YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF THOSE COURTS FOR SUCH PURPOSES.

20. Force Majeure

Company shall not be liable to you for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond Company’s reasonable control including, but not limited to, fire, flood, war, embargo, strike, pandemic or wide-spread public health crisis, riot, unavailability of the Internet or the intervention of any governmental authority.

21. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

22. Entire Agreement; Additional Terms

If you have not entered into another agreement with Company regarding the subject matter contained in the Terms, then the Terms comprise the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Company have entered into another agreement regarding the subject matter set forth in the Terms that is a written and signed agreement between you and Company, then the Terms should be read and interpreted in conjunction with such agreement and, in the event of a conflict between the Terms and a written, signed agreement between the parties, the written, signed agreement will govern and control.

See for yourself how Company can boost collaboration and drive engagement across your organization.

23. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.

If you have any questions regarding these Terms or the Services, please contact us at support@gotoneapp.com.