This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: January 18th, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with GoOverseas.com. By using or accessing GoOverseas.com, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on GoOverseas.com. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with GoOverseas.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that you are allowing everyone, including people off of GoOverseas.com, to access and use that information, and to associate it with you.
- We always appreciate your feedback or other suggestions about GoOverseas.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep GoOverseas.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not collect users' content or information, or otherwise access GoOverseas.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on GoOverseas.com
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on GoOverseas.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
- You will not use GoOverseas.com to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of GoOverseas.com, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Protecting Other People's Rights
- We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on GoOverseas.com that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on GoOverseas.com if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on GoOverseas.com.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of GoOverseas.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or GoOverseas.com exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on GoOverseas.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on GoOverseas.com (such as advertising or payments) or operate a Platform application or website.
- By "GoOverseas.com" we mean the features and services we make available, including through (a) our website at www.gooverseas.com and any other GoOverseas.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on GoOverseas.com that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from GoOverseas.com or provide to GoOverseas.com through Platform.
- By "post" we mean post on GoOverseas.com or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into GoOverseas.com at least once in the previous 30 days.
- 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.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and GoOverseas.com, Inc. References to "us," "we," and "our" mean GoOverseas.com, Inc. This Statement makes up the entire agreement between the parties regarding GoOverseas.com, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing GoOverseas.com.