Terms and Conditions (“Terms”)

Last updated: October 31, 2014

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the gtogg.com website (the “Service”, “GTOGG”) operated by Gammatronics (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Some part of the Service may be software (“Application” or “Applications”) that is downloaded to your computer, phone, tablet, or other electronic device. You agree that we may automatically upgrade those Applications, and these Terms will apply to such upgrades.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Gammatronics reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

Any use or access by anyone under the age of 13 is prohibited.

Your User Content

GTOGG offers to users of the Service to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) or other social networking services (“Connected Services”) User Content. You retain all rights in, and are solely responsible for, the User Content you post to us.

Each time you submit User Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant us the rights to it that you are granting by these Terms, all without any Gammatronics obligation to obtain consent of any third party and without creating any obligation or liability of Gammatronics; (b) the User Content is accurate; (c) the User Content does not and, as to Gammatronics’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms, or cause injury or harm to any person.

User Content you publish will be accessible to and viewable by other users in Connected Services. These services are operated by third parties. We cannot reclaim, alter, modify, delete or otherwise revoke this User Content from these services after you submit them. For security reasons, never submit personally identifiable information (account names, passwords, your phone number, credit or debit card number, PIN code, or e-mail address, etc.) as User Content on the Service.

Regardless of our technical possibilities we reserve the right to remove, modify, alter or retain your User Content from being submitted for any reason, including User Content that we believe violates these Terms or our policies.

Except as otherwise described in our Privacy Policy or any Additional Terms we provide to you, you agree that (a) your User Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) Gammatronics does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Gammatronics’ request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with these Terms.

Following termination or deactivation of your account, or if you remove any User Content from the Service, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, GTOGG and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through GTOGG.

Connected Services and Links to Other Websites

The Service offers you to submit your content to other social networking services and may also contain links to third-party web sites that are not owned or controlled by Gammatronics. Therefore we assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Gammatronics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF THE CONNECTED SERVICES AND ANY THIRD-PARTY WEB SITES THAT YOU VISIT.

Subscription and Payments

GTOGG offers most of its functions for free that can be extended at any time by purchasing a subscription. The free account contains some limitations, like the number of connected services per provider, that don’t apply for a subscription. You may have only one free active membership account and as many subscriptions as you need. You may not create more than one free account to void any limitations enforced by the account type.

If you are purchasing a subscription, you will be required to submit payment information to do so. To process our payments we use PayPal services. You must agree with their terms and conditions before paying for any of our services.

All subscriptions will automatically renew at the end of their period (month, quarter, half or full time of a year), and you will be automatically billed at the end of your term for the next period if your subscription is still active. You can cancel your subscription at any time from within your user settings or your control panel at PayPal.

Taxes

You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Termination

We may terminate or suspend your account or deny access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnity

You agree to defend, indemnify and hold harmless Gammatronics, its officers, directors, employees and agents, from and against any and all claims, suits, proceedings, disputes, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees, costs of defense of claims, suits or proceedings brought by third parties) in any way arising from or related to (a) your use of and access to the Service, (b) your User Content, or (c) your violation of any term of these Terms of Service.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Disclaimers

Gammatronics is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the Service, whether caused by users of GTOGG or by any of the equipment or programming associated with or utilized in the Service.

Content created and posted by users on the website may contain links to other websites. Gammatronics is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by Gammatronics. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by Gammatronics. When you access these third-party websites, you do so at your own risk.

Gammatronics takes no responsibility for third-party advertisements which are posted on this website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. You rely upon third-party advertisements at your own risk.

Gammatronics is not responsible for the conduct, whether online or offline, of any user of the Service. Gammatronics assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Connected Services communication.

Gammatronics is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Gammatronics be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at a Gammatronics event, from any Content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.

THE SERVICE IS PROVIDED “AS-IS,” AND AS AVAILABLE, AND GAMMATRONICS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Gammatronics cannot guarantee and does not promise any specific results from use of the Service. The Gammatronics software (Application) that may be downloaded and installed on users’ mobile phones or other devices may cause the device’s battery charge to drain more rapidly and may increase users’ mobile data usage. Gammatronics is not responsible for any damage to the equipment.

Users are solely responsible for all phone or related charges incurred because of using the Service and/or software. Downloading or using the Application is at your sole risk.

LIMITATION ON LIABILITY

IN NO EVENT SHALL GAMMATRONICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF GAMMATRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAMMATRONICS IS NOT LIABLE FOR ANY FAILURE OF THE SERVICE OR ANY CONNECTED THIRD PARTY SERVICES, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENTS ACCESS TO THE WEBSITE TEMPORARILY OR PERMANENTLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAMMATRONICS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GAMMATRONICS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

License Limitations

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, software, products or services obtained from the Service. You may not transfer or sublicense any licenses granted by Gammatronics in these Terms without the prior, written consent of Gammatronics.

You agree that you will not, under any circumstances:

  • Institute, assist, or become involved in any type of attack, including but not limited to disruption, overburdening, constitution of a single or distributed denial of service.
  • Create, distribute, or run any kind of malicious software upon the Service, or any server or other device used to offer or support the Service or other Gammatronics environment.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or Application, or to obtain any information from the Service or Application using any method not explicitly permitted by Gammatronics.

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

Gammatronics reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Service itself. Gammatronics reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hungary, without regard to its conflict of law provisions. Furthermore, you and Gammatronics agree to submit to the exclusive personal jurisdiction and venue of the courts located in Budapest, Hungary. You agree that for any dispute you have with Gammatronics, to first contact us and attempt to resolve the dispute with us informally.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Unsolicited Ideas Policy and Terms

Gammatronics or any of its employees do not accept or consider unsolicited ideas, including ideas for new or improved products, services, processes, features, enhancements, or technologies, materials, advertising or promotion campaigns, marketing plans or new product names. Please do not submit any unsolicited ideas, proposals, suggestions, samples, demos or other original creative materials in any form to Gammatronics or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Gammatronics’ products or marketing strategies might seem similar to ideas submitted to Gammatronics. If, despite knowing our policy, you still choose to submit your ideas to Gammatronics, then regardless of what your letter says, the following terms shall apply to your submissions. You agree that:

  • Your submissions and their contents will automatically become the property of Gammatronics, without any compensation to you or any third party.
  • Gammatronics may use, redistribute, or disclose the submissions and their contents for any purpose and in any way, without any compensation to you or any third party.
  • Gammatronics shall consider the submissions to be non-confidential and non-proprietary, and have no obligations concerning the submission, including but not limited to: reviewing, acknowledging, preserving or returning the submission or any related materials, or keeping any submissions confidential.

Feedback and Information

Gammatronics does, however, welcome your feedback regarding many areas of Gammatronics’ existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found on our Contact us page. Please provide only specific feedback on Gammatronics’ existing products; do not include any ideas that our policy will not permit to be accepted or considered.

Any feedback you provide at this site shall be deemed to be non-confidential and non-proprietary. Gammatronics shall be free to use such information on an unrestricted basis.

Contact Us

If you have any questions about these Terms, please contact us.