Latest Revision: May 12, 2016
Thank you so very much for considering the usage of Assemble-Together.org and/or any of the Assemble Together Services. Even visiting our website as a non-member still has some responsibilities and these terms outline what you are agreeing to when using Assemble-Together.org and/or any of the Assemble Together Services; so please, take a little time to read through this document, before beginning your usage.
These Terms of Service (hereinafter referred to as "Terms" or "Our Agreement") were written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. These Terms are guided by our Statement of Purpose; which, we also encourage our users to read.
Parties
The website Assemble-Together.org (the “Site”) and its related modules, mobile apps, products and services (the “Assemble Together Services” or "Services") are owned and operated by The Patria Company (together with its affiliates, successors and assigns hereinafter referred to as “Our”, “We” or “Us”). Individuals or entities, or the individuals or the entities responsible for the programming of automated computerized systems (a.k.a. webots), accessing, viewing, listening to and/or using the Site or Services in any manner constitute the party agreeing to these terms (hereinafter referred to as “You” or "Your").
Agreement
By accessing, viewing, listening to and/or using the Site or Services in any manner, you acknowledge and agree to be bound by these Terms, our Copyright Policy, our Privacy Policy, our Trademark Policy, our Abuse Policy, and the specific conditions contained in these Terms; which, together, set forth the entire agreement pertaining to your use of the Site and Services, and supersede all prior versions of these Terms of Service.
These Terms and Policies constitute a legally binding agreement. If you use the Site and/or Services acting as the representative for an Individual, Artist, Band, Group, Photographer, Graphic Artist, Organization, Company, or Entity, you represent that you have the legal authority to bind such Indivdual or Entity and you GUARANTEE compliance by such individual or entity with these Terms.
FALSIFYING YOUR IDENTITY OR AUTHORITY MAY MAKE YOU PERSONALLY LIABLE FOR DAMAGES.
We reserve the sole right at any time to modify, discontinue, or terminate any Service or the Site, or change, add, or delete portions of these Terms and/or Policies without notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. We will post changes to these Terms, if any, to the Site. It is your responsibility to check the Site, and specifically these Terms of Service, periodically for changes. Your continued use of the Site and Services after any changes constitutes your acceptance of the revised terms and conditions.
IF YOU DO NOT AGREE TO THESE TERMS AND OUR POLICIES, DO NOT USE THE SITE OR SERVICES.
Assemble Together
By "Assemble Together" or” Assemble Together Services” we mean the features and services we make available, including through (a) our website at www.Assemble Together.com and any other Assemble Together branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Assemble Together reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
Platform
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Assemble Together or provide data to us.
Information
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Assemble Together.
Content
By "content" we mean anything you or other users post, provide or share using Assemble Together Services.
Data
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Assemble Together or provide to Assemble Together through Platform.
Post
By "post" we mean post on Assemble Together or otherwise make available by using Assemble Together.
Use
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
Application
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
Trademarks
By “Trademarks” we mean the list of trademarks provided here.
You agree that the Site and Services are intended for use by living persons of all ages and you will abide by the "Age Usage Guidelines" outlined below. Usage of the Site or Services via automated systems is strictly prohibited and accounts found to be implenting such technology will be terminated.
You may NOT use our services if:
- You cannot enter into binding contracts;
- You are under 13 years of age, in which case you must not create an Account, use any part of the Site or Services, or submit personal information through the Assemble Together Service or to The Patria Company (for example, name, address, telephone number, email address);
- You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
- You are a convicted sex offender; or
- You have previously been banned from Assemble-Together.org.
IF YOU ARE BETWEEN THE AGES OF 13 AND 17, OR UNDER THE AGE OF MAJORITY WHERE YOU LIVE, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS AND POLICIES.
Age Usage Guidelines
Free Membership account creation is offered to individuals 13 years and older.
Paid Membership account creation is offered to individuals 18 years and older with a valid form of payment, that provides us with satisfactory age verification.
Paid membership benefits are available to individuals ages 13 to 17 via a "Teenager Account" that is directly attached to the Paid "Family Account" Membership of a Parent or Guardian, age 18 years or older. Click here for more information on creating a Teenager Account.
"Youth Account" creation is available, for persons under age 13, but only from a Paid Membership "Family Account" and the "Youth Account" must be created by the Parent or Guardian maintaining the "Family Account". Click here for more information on creating a Youth Account.
All accounts maintained by minors must be accessible via the "Family Account" of a Parent or Guardian (encouraging proper oversight).
Once a minor turns age 13, a parent may request, via a Support Ticket, a transition from a "Youth Account" to a "Teenager Account"; which, offers more communication options (ie. chat).
MISREPRESENTION OF YOUR CHILD'S AGE IS A VIOLATION OF THESE TERMS AND WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. COPPA DETERMINES THE LEVEL OF COMMUNICATION ACCESS THAT OTHERS CAN HAVE WITH MINORS UNDER AGE 13. THESE LAWS ARE NOT REGULATED BY THE PERCEIVED LEVEL OF MATURITY YOU MAY HAVE OF YOUR CHILD. THESE RULES ARE IN PLACE TO PROTECT YOUR CHILD AND TO PROTECT YOU FROM UNINTENDED LIABILTY.
Once an individual has turned 18 years old, they can request, via a Support Ticket, to be detached from their Parent or Guardian's Family account (not required). The new individual account holder must use their own personal form of payment, that provides us with satisfactory age verification, and thereafter must maintain their own paid membership account.
MISREPRESENTING YOUR AGE BY USING A FORM OF PAYMENT THAT IS NOT OWNED BY YOU PERSONALLY IS A SERIOUS OFFENSE FOR WHICH YOU COULD BE FOUND LIABLE.
Age Restriction
The Site and Services are intended for use by persons 13 years of age or older. The Site and Services are not intended for children under the age of 13, unless supervised by a parent or guardian. Minors under age 18 may use the Site and Services ONLY with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. ALTHOUGH WE DO OUR BEST TO TRY AND PREVENT IT, SOME AREAS OF THE SITE MAY TEMPORARILY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
Content Ownership
All materials and content on the Site and Services, including User Content, (collectively, the “Site Content”) are the proprietary property of us or our licensors (including other users of the Site), including respective copyrights, logos, slogans, trademarks, and service marks. As between you and us, you shall retain all rights in your User Content subject to the licenses granted in these Terms.
Use License
Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content. Except with respect to your use of certain Services in accordance with their specific terms and conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.
Downloads and Purchases
(i) Certain functionality of the Site may expressly permit you to download or copy Site Content, such as music or other materials files from the Site (“Site Downloads”). Certain Site Downloads are available for free, and certain Site Downloads are only available by purchase (“Priced Downloads”). Applicable prices and payments for Priced Downloads are subject to our Payments and Refund Policy. The total price for a Priced Download will include any applicable sales tax based on your billing address and the sales tax rate in effect at the time you purchase a Priced Download. All sales are final. Prices for Priced Downloads may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. If a Priced Download becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Priced Download, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Priced Downloads may be downloaded only once and cannot be replaced if lost for any reason without a new purchase.
(ii) You agree that:
A. Site Downloads are licensed to you only for personal, noncommercial use;
B. the delivery of Site Downloads to you does not transfer to you any commercial or promotional use rights in the Site Downloads;
C. you may not transfer or license your rights in any Site Download to any other person;
D. you may not alter, modify, incorporate with other media, or otherwise create a derivative work of any Site Downloads; and
E. you may not use a Site Download as a phone ringtone or ring-back tone (collectively, the “Site Downloads Usage Rules”). You may copy and store Site Downloads in connection with an unlimited number of devices as reasonably necessary but only in accordance with the foregoing Site Downloads Usage Rules. Any use of a Site Download other than in accordance with the Site Downloads Usage Rules may constitute copyright infringement.
Our Rights
If you use the commerce features of the Assemble-Together Services that require credit or debit card information, such as our Buy Now feature, you agree to our Assemble-Together Commerce Terms.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Assemble-Together’s computer systems, or the technical delivery systems of Assemble-Together’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Patria Company via Assemble-Together.org (and only pursuant to the applicable Terms and Policies), unless you have been specifically allowed to do so in a separate agreement with The Patria Company (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of The Patria Company is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Abuse and Infringement
You agree that you will not use the Site or Services in any manner that is abusive, fraudulent, or unlawful, that infringes the copyright, trademark, or other intellectual property rights of any person or entity, that is inconsistent with these Terms and Conditions, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that:
(i) You will use the Site and Services in compliance with all applicable laws and the Abuse Policy;
(ii) You will not use the Site and Services to communicate with a minor, if you are over 18 years old, unless you have explicit permission from the minor's parent or legal guardian;
(iii) You will not use the Site or Services to infringe the copyright, trademark, or other intellectual property rights of any person or entity;
(iv) You will not harvest or collect email addresses or other contact information of other Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(v) You will not use automated scripts to collect information from, access, or otherwise interact with the Site;
(vi) You will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
(vii) You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
(viii) You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(ix) You will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services;
(x) You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third party sites or services, or similar or competing products or services;
(xii) You will not solicit Site users to register or sign up with another website, platform, or other service or entity;
(xiii) You will not use or attempt to use another user's account without authorization from us or create a false identity using the Site or Services;
(xiv) You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services; and
(xv) You will not remove any proprietary notices or labels from the Site or Services or modify, translate, or create derivative works based on the Site or Services.
Responsibility
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Our monitoring service does have limitations regarding the control of Content posted via the Services and we cannot make guarantees regarding such Content, nor can we take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Endorsement
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will The Patria Company, via Assemble-Together.org, be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Our Commitment
We will provide, to the best of our ability, a monitoring service that works hand-in-hand with our membership (by providing an easy-to-use flagging mechanism) to investigate, evaluate, block and/or remove any Content that is found to violate our Abuse Policy.
Our Rights
Please review the Abuse Policy (which are part of these Terms) to better understand what is prohibited on the Assemble-Together Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of The Patria Company, Assemble-Together.org, its users and the public.
Assemble-Together does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license is you authorizing us to make your content on the Assemble-Together Services available to the rest of the world and to let others do the same.
You agree that this license includes the right for The Patria Company via Assemble-Together.org to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Assemble-Together.org for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Assemble-Together has an evolving set of rules for how ecosystem partners can interact with your Content on the Assemble-Together Services. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos, videos and audio files are part of that Content).
Such additional uses by The Patria Company via Assemble-Together Services, or other companies, organizations or individuals who partner with Assemble-Together, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. The Patria Company will not be responsible or liable for any use of your Content by Assemble-Together Services in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
The Terms will continue to apply until terminated by either you or Us as follows.
You may end your legal agreement with Us at any time for any or no reason by deleting your accounts and discontinuing your use of the Services. You do not need to specifically inform Us when you stop using the Services. If you have a Free Account and stop using the Services without deleting your account, your account may be deleted due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any of our Policies, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Usage and Restrictions - Content on Services - Disclaimers and Limitations of Liability - Disputes - General and Miscellaneous.
Nothing in this section shall affect Our rights to change, limit or stop the provision of the Services without prior notice, as provided above.
PLEASE READ CAREFULLY
This section limits the liability of The Patria Company and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE PATRIA COMPANY DOES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Patria Company makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Patria Company via Assemble-Together.org or through the Services, will create any warranty or representation not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that The Patria Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Patria Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PATRIA COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PATRIA COMPANY EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PATRIA COMPANY HAD BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Assemble-Together to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Harris County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).
Entire Agreement
These Terms, including the Policies which govern the Services, are the entire and exclusive agreement between The Patria Company via Assemble-Together.org and you regarding the Services (excluding any services for which you have a separate agreement with Us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Us and you regarding the Assemble-Together Services. Other than members of the group of companies of which The Patria Company is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at assmemble-together.org/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an @terms-of-service update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you live in the United States, these Terms are an agreement between you and The Patria Company, 945 McKinney, Suite 206, Houston, TX 77002 U.S.A. If you have any questions about these Terms, please contact us.