If you are looking for our privacy policy, please click here.

The following is a binding agreement between you and I've Got A Fang, Inc, a Pennsylvania Corporation, which owns and operates Group-O-Matic. If you have any questions or suggestions, please let us know.

GROUP-O-MATIC TERMS OF USE


1. ACCEPTANCE OF TERMS

Group-O-Matic provides a collection of online resources, including
group postings, group scheduling, and various email services,
(referred to hereafter as "the Service") subject to the following
Terms of Use ("TOU"). By using the Service in any way, you are
agreeing to comply with the TOU. In addition, when using particular
Group-O-Matic services, you agree to abide by any applicable posted
guidelines for all Group-O-Matic services, which may change from time
to time.  Should you object to any term or condition of the TOU, any
guidelines, or any subsequent modifications thereto or become
dissatisfied with Group-O-Matic in any way, your only recourse is to
immediately discontinue use of Group-O-Matic.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time.  Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. You can find the most recent version
of the TOU at:

http://www.groupomatic.com/terms_of_use.html 


3. CONTENT

You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for each individual item
("Item") of Content that you post, email or otherwise make available
via the Service. You understand that Group-O-Matic does not control,
and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the Group-O-Matic site and Content
available through the Service may contain links to other websites,
which are completely independent of Group-O-Matic. Group-O-Matic makes
no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your
linking to any other websites is at your own risk.  You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no
circumstances will Group-O-Matic be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise made available via the
Service. You acknowledge that Group-O-Matic does not pre-screen or
approve Content, but that Group-O-Matic shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter or
spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Group-O-Matic site and Content available through the Service may
contain features and functionalities that may link you or provide you
with access to third party content which is completely independent of
Group-O-Matic, including web sites, directories, servers, networks,
systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such organizations and/or individuals.  You should make whatever
investigation you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third parties.

You agree that Group-O-Matic shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that
Group-O-Matic is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby
release Group-O-Matic, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service. If you are a California resident,
you waive California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement
with the debtor."  


5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify Group-O-Matic's
agent for notice of claims of copyright or other intellectual property
infringement ("Agent"), at

abuse@groupomatic.com

or:

Copyright Agent
Group-O-Matic
PO BOX 615
Phoenixville, PA 19460

Please provide our Agent with the following Notice:

a) Identify the material on the Group-O-Matic site that you claim is
infringing, with enough detail so that we may locate it on the
website;

b) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;

c) A statement by you declaring under penalty of perjury that (1) the
above information in your Notice is accurate, and (2) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Group-O-Matic will remove the infringing posting(s), subject to the
the procedures outlined in the Digital Millennium Copyright Act (DMCA).


6. PRIVACY AND INFORMATION DISCLOSURE

Group-O-Matic has established a Privacy Policy to explain to users how
their information is collected and used, which is located at the
following web address: 

http://www.groupomatic.com/privacy_policy.html 

Your use of the Group-O-Matic website or the Service signifies
acknowledgment of and agreement to our Privacy Policy. You further
acknowledge and agree that Group-O-Matic may, in its sole discretion,
preserve or disclose your Content, as well as your information, such
as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent or as
a form of harassment; protect the rights, property, or personal safety
of Group-O-Matic, its users or the general public.  


7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to
minors in any way;

b) that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area of
any person;

c) that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited
to, a Group-O-Matic employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision
does not apply to Content that constitutes lawful non-deceptive parody
of public figures.);

e) that includes personal or identifying information about another
person without that person's explicit consent;

f) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";

g) that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not have
a right to make available under any law or under contractual or
fiduciary relationships;

h) that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;

i) 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;

j) that disrupts the normal flow of dialogue with an excessive amount
of Content (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or

k) that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.

Additionally, you agree not to:

l) contact anyone who has asked not to be contacted;

m) "stalk" or otherwise harass anyone;

n) collect personal data about other users for commercial or unlawful
purposes;

o) use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service - unless
expressly permitted by Group-O-Matic;

p) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;

q) post the same thing in more than one category or geographic area.

r) attempt to gain unauthorized access to Group-O-Matic's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or the Group-O-Matic website; or

s) use any form of automated device or computer program that enables
the submission of postings on Group-O-Matic without each posting being
manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission
of postings at regular intervals.


8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on Group-O-Matic's resources, you may not use a
Posting Agent to post Content to the Service without express
permission or license from Group-O-Matic.  Correspondingly, Posting
Agents are not permitted to post Content on behalf of others, to cause
Content to be so posted, or otherwise access the Service to facilitate
posting Content on behalf of others, except with express permission or
license from Group-O-Matic.


9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements
to Group-O-Matic email addresses or through Group-O-Matic computer
systems, which is expressly prohibited by these TOU, will use or cause
to be used servers located in Pennsylvania.  Any unauthorized use of
Group-O-Matic computer systems is a violation of the TOU and certain
federal and state laws, including without limitation the Computer
Fraud and Abuse Act (18 U.S.C. Section 1030 et seq.).  Such violations may
subject the sender and his or her agents to civil and criminal
penalties.


10. LIMITATIONS ON SERVICE

You acknowledge that Group-O-Matic may establish limits concerning use
of the Service, including the maximum number of days that Content will
be retained by the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the
Service. You agree that Group-O-Matic has no responsibility or
liability for the deletion or failure to store any Content maintained
or transmitted by the Service. You acknowledge that Group-O-Matic
reserves the right at any time to modify or discontinue the Service
(or any part thereof) with or without notice, and that Group-O-Matic
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.


11. ACCESS TO THE SERVICE

Group-O-Matic grants you a limited, revocable, nonexclusive license to
access the Service for your own personal use. This license does not
include: (a) access to the Service by Posting Agents; or (b) any
collection, aggregation, copying, duplication, display or derivative
use of the Service nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless
expressly permitted by Group-O-Matic.  A limited exception to (b) is
provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for the sole
purpose of displaying hyperlinks to the Service, provided they each do
so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file.  "General
purpose internet search engine" does not include a website or search
engine or other service that specializes or which is in the business
of providing group listings.

Group-O-Matic permits you to display on your website, or create a
hyperlink on your website to, individual postings on the Service so
long as such use is for noncommercial and/or news reporting purposes
only (e.g., for use in personal web blogs or personal online media).
If the total number of such postings displayed or linked to on your
website exceeds one hundred (100) postings, your use will be presumed
to be in violation of the TOU, absent express permission granted by
Group-O-Matic to do so.  You may also create a hyperlink to the home
page of Group-O-Matic sites so long as the link does not portray
Group-O-Matic, its employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive matter.

Group-O-Matic offers various parts of the Service in RSS format so
that users can embed individual feeds into a personal website or blog,
or view postings through third party software news aggregators.
Group-O-Matic permits you to display, excerpt from, and link to the
RSS feeds on your personal website or personal web blog, provided that
(a) your use of the RSS feed is for personal, non-commercial purposes
only, (b) each title is correctly linked back to the original post on
the Service and redirects the user to the post when the user clicks on
it, (c) you provide, adjacent to the RSS feed, proper attribution to
'Group-O-Matic' as the source, (d) your use or display does not
suggest that Group-O-Matic promotes or endorses any third party
causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
Group-O-Matic's systems.  Group-O-Matic reserves all rights in the
content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to
you by Group-O-Matic immediately terminates said permission or
license.  In order to collect, aggregate, copy, duplicate, display or
make derivative use of the the Service or any Content made available
via the Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from Group-O-Matic.


12. TERMINATION OF SERVICE

You agree that Group-O-Matic, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use
of the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any reason,
including, without limitation, if Group-O-Matic believes that you have
acted inconsistently with the letter or spirit of the TOU. Further,
you agree that Group-O-Matic shall not be liable to you or any
third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said
termination.  Sections 2, 4, 6 and 11-17 shall survive termination of
the TOU.


13. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to any
other server or location for further reproduction or redistribution is
prohibited without the express written consent of Group-O-Matic. You
further agree not to reproduce, duplicate or copy Content from the
Service without the express written consent of Group-O-Matic, and
agree to abide by any and all copyright notices displayed on the
Service. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. 

Although Group-O-Matic does not claim ownership of content that its
users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the
right to grant, to Group-O-Matic an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the
Service, you automatically grant Group-O-Matic all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any
party for any purpose.


14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE GROUP-O-MATIC SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE GROUP-O-MATIC SITE AND THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE
FULLEST EXTENT PERMITTED BY LAW, GROUP-O-MATIC DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE GROUP-O-MATIC SITE AND THE SERVICE.  TO THE FULLEST
EXTENT PERMITTED BY LAW, GROUP-O-MATIC DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
GROUP-O-MATIC SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON THE GROUP-O-MATIC SITE.  TO THE FULLEST EXTENT PERMITTED BY
LAW, GROUP-O-MATIC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE GROUP-O-MATIC SITE OR THE
SERVICE.  Some jurisdictions do not allow the disclaimer of implied
warranties.  In such jurisdictions, some of the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.


15. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GROUP-O-MATIC BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF GROUP-O-MATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GROUP-O-MATIC
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE GROUP-O-MATIC SITE OR THE SERVICE, FROM INABILITY TO USE THE
GROUP-O-MATIC SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE GROUP-O-MATIC SITE OR
THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE GROUP-O-MATIC SITE OR THE SERVICE OR
ANY LINKS ON THE GROUP-O-MATIC SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE GROUP-O-MATIC SITE OR THE SERVICE OR ANY LINKS ON THE
GROUP-O-MATIC SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted.  In such jurisdictions, some of the
foregoing limitation may not apply to you.


16. INDEMNITY

You agree to indemnify and hold Group-O-Matic, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of Content you submit,
post or make available through the Service, your use of the Service,
your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.


17. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Group-O-Matic
and govern your use of the Service, superseding any prior agreements
between you and Group-O-Matic. The TOU and the relationship between
you and Group-O-Matic shall be governed by the laws of the
Commonwealth of Pennsylvania without regard to its conflict of law
provisions. You and Group-O-Matic agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Chester, Pennsylvania. The failure of Group-O-Matic to exercise or
enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. If any provision of the TOU is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOU
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.


18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s)
for review, or by emailing to:

abuse@groupomatic.com

Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to
quantify, if it becomes necessary for Group-O-Matic to pursue legal
action to enforce the TOU, you will be liable to pay Group-O-Matic the
following amounts as liquidated damages, which you accept as
reasonable estimates of Group-O-Matics' damages for the specified
breaches of the TOU:

a. If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with a
person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit
consent, you agree to pay Group-O-Matic one thousand dollars ($1,000)
for each such message.  This provision does not apply to messages that
are lawful non-deceptive parodies of public figures.

b. If Group-O-Matic establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the
Service, you agree to pay Group-O-Matic one hundred dollars ($100) for
each message posted in excess of such limits or for each day on which
you access Group-O-Matic in excess of such limits, whichever is
higher.

c. If you send unsolicited email advertisements to Group-O-Matic email
addresses or through Group-O-Matic computer systems, you agree to pay
Group-O-Matic twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as
described above, you agree to pay Group-O-Matic one hundred dollars
($100) for each Item of Content posted.  In its sole discretion,
Group-O-Matic may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of
the TOU, in addition to any liquidated damages under clause (d), you
agree to pay Group-O-Matic one hundred dollars ($100) for each and
every Item of Content posted in violation of the TOU.  A Posting Agent
will also be deemed an agent of the party engaging the Posting Agent
to access the Service (the "Principal"), and the Principal (by
engaging the Posting Agent in violation of the TOU) agrees to pay
Group-O-Matic an additional one hundred dollars ($100) for each Item
of Conent posted by the Posting Agent on behalf of the principal in
violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the TOU without Group-O-Matic's express written
permission, you agree to pay Group-O-Matic three thousand dollars
($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Group-O-Matic's actual damages, to the
extent such actual damages can be reasonably
calculated. Notwithstanding any other provision of the TOU,
Group-O-Matic retains the right to seek the remedy of specific
performance of any term contained in the TOU, or a preliminary or
permanent injunction against the breach of any such term or in aid of
the exercise of any power granted in the TOU, or any combination
thereof.


19. FEEDBACK

We welcome your feedback on this document: click
here to give us some.