Shizzlr Inc. (“Shizzlr” or “Groupcentric”) is the provider of services called Groupcentric (collectively, the “Service”), accessible at http://groupcentric.com. Groupcentric seeks to respect your privacy. This policy describes the information we collect during your use of the Service, how we use it, and how it may be shared.
Personal information you provide to us
Groupcentric requires several pieces of personal information in order to operate as designed. Name and active phone number are required to use the Service. We may, however, request other information such as your e-mail address, or PIN, which may be required for certain features of the Service.
We receive and store any information you enter on our Service or provide to us in any other way.
Information collected automatically
Groupcentric will also collect non-personally identifiable information as part of the service. This will typically include browser type, language preference, IP address, referring site, and the date and time of each visitor request. Groupcentric collects this data to optimize our service to users.
Groupcentric collects information from its mobile phone users (who have installed the Groupcentric application or connected through a Groupcentric SDK) in a similar manner to optimize the mobile experience. Beyond mobile phone numbers, we collect mobile screen resolution, and device make and manufacturer.
USE AND DISCLOSURE OF COLLECTED INFORMATION
We neither rent nor sell your personal information to anyone. Groupcentric may share your personal information only as described below.
Your connections or "friends" can see the location, messages sent, content shared, display name, and profile photo. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in messages or other content (location or otherwise) that you create in the Service.
Third Parties/ Agents
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Our agents do not have any right to use personal information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your personal information.
Groupcentric may share data internally with its affiliate companies and may disclose certain information in the event that it is merged, acquired, sold, or some of its assets are acquired. If, in Groupcentric’s discretion, your information will be handled in a materially different manner after such a transaction than it was by Groupcentric, you may have the opportunity to opt-out of having your information shared with any acquirer.
Groupcentric may disclose data to respond to valid legal process from competent authorities, meet legal requirements, exercise our legal rights or defend against legal claims, protect Groupcentric’s interests, fight against fraud, and to enforce our policies or to protect anyone's rights, property, or safety.
ACCESS TO PERSONAL INFORMATION
Groupcentric allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information and ensuring that it is accurate and complete. You can access this information on the Groupcentric applications by visiting the user settings or profile page. This list will change as our Service changes.
- Phone number
- Email address
- Other User profile information (for example, home city, photo)
- Usage information (for example, photos shared)
You should remain aware that any information you share online, via text message, or chat messages can be accessed by others. Groupcentric is not responsible for the actions of those who obtain your content in this manner. Groupcentric cannot guarantee and makes no representation about your safety and security and you should be aware that submitting any information and using the Groupcentric Service is done solely at your own risk. Groupcentric is not liable for the posting, distribution or dissemination of personally identifiable information submitted by you or others relating to you. Any content containing any personally identifiable information such as identification documents, financial information, medical records, social security number, driver’s license number, or other sensitive information will be deleted upon request but Groupcentric is not responsible for monitoring content submitted by users to determine whether this information is being stored or transmitted.
All information passed through Groupcentric is primarily handled in the United States but may from time to time be handled in any country in which Shizzlr, Inc. or its affiliate companies maintain facilities. By using the Service, you agree that the handling of your personal information and any communication through the Service will be governed by the laws of the United States and any applicable state laws.
If you have any questions or concerns regarding privacy using the Service, please send a detailed message to: Support@groupcentric.com . We will do our best to resolve any problems and concerns.
Effective Date: January 22, 2013
ACCEPTANCE OF TERMS
USE OF THE SERVICE, REGISTRATION, AND ELIGIBILITY
You agree not to:
- provide any false personal information to Groupcentric (including a false User Name) or create any account for anyone other than yourself without such person's permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or Groupcentric account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene on Groupcentric's sole discretion or that is otherwise unlawful.
- use a User Name that is trademarked or the name of a corporation that is not your own.
Groupcentric reserves the right to cancel or refuse registration of a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your PIN. You shall never use another user's account without such other user's prior express permission. You shall immediately notify Groupcentric in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
Any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.
You may terminate your Groupcentric Account at any time, for any reason, by emailing Support@Groupcentric.com. Groupcentric may suspend or terminate your Groupcentric account in accordance with the Term and Termination sections, below. Groupcentric shall not be liable for any loss or damage arising from your failure to comply with the terms set forth herein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
The Service contains Content specifically provided by Groupcentric, its partners and third parties that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
RULES AND CONDUCT
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Groupcentric in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or spamming;
- other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Shizzlr’s prior written consent such as contests, sweepstakes, barter, advertising, network marketing or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, trojan horses, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit, enhance or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Groupcentric or any third party;
- impersonates any person or entity, including any employee or representative of Groupcentric;
- includes any personally identifiable information of yourself or others including but not limited to identification documents, financial information, medical records, social security numbers or driver’s license numbers
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by Groupcentric in its sole discretion) an unreasonable or disproportionately large load on Groupcentric’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures Groupcentric may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or "spam" on the Service;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Groupcentric;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including, without limitation, any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of Groupcentric’s guidelines and policies.
MESSAGES AND CONSENT
Consent to add group members
Groupcentric makes it easy for you to add members to your groups so that you can exchange messages with each other. YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO A GROUP HAS EXPRESSLY CONSENTED TO BE ADDED TO THE GROUP AND TO RECEIVE TEXT MESSAGES, EMAIL MESSAGES, APPLICATION MESSAGES, FACEBOOK MESSAGES FROM YOU AND ANYONE ELSE IN THE GROUP.
Consent to receive periodic messages
As part of the Service, Groupcentric sometimes causes administrative messages to be sent to members of the group. For example, upon adding a new member to a group, such new member will receive a welcome message, instructions on how to join the group, and other information. Groupcentric also may inform group members who have not replied that they will automatically be removed from the group if they do not participate. Groupcentric will notify group members when another group member has joined the group. Groupcentric may send other administrative messages as well. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT, EMAIL, APPLICATION, and/or FACEBOOK MESSAGES FROM GROUPCENTRIC, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO RECEIVE SIMILAR MESSAGES.
Too permanently cease receiving messages from any group go the application and select “Remove” to leave a group and thus stop receiving messages from other members. Groupcentric service into a particular group can only be resumed by being re-invited by an existing group member.
TEXT MESSAGE FEES
Shizzlr does not charge a fee to use the Service, but any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages sent and/or received count towards any monthly quota as any other messages do. Any users, whether sending or receiving text messages with Groupcentric, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider.
FEEDBACK AND IDEA SUBMISSION
Groupcentric and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to Groupcentric or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Groupcentric’s products or marketing strategies might seem similar to ideas submitted to Groupcentric. If, despite our request that you not send us your ideas, you submit them nonetheless, then regardless of what your letter says, the following terms shall apply to your submissions.
Terms of Idea Submission
By sending us any submissions, you agree that (i) such submissions and their contents will automatically become the property of Groupcentric and Groupcentric shall be entitled to the unrestricted use of such submission for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you, (ii) such submissions do not contain the confidential or proprietary information of third parties, (iii) Groupcentric will consider the submissions to be non-confidential and non-proprietary, (iv) Groupcentric may already be independently considering or developing a similar concept, and (v) Groupcentric will have no obligations concerning such submissions, contractual or otherwise (including, but not limited to, any obligation or request to keep such submissions confidential).
Shizzlr welcomes your feedback regarding the Service. If you want to send us your feedback, and we hope you do, please send it to us at firstname.lastname@example.org. Please only provide specific feedback on Shizzlr’s existing products or marketing strategies.
Any feedback you provide to Groupcentric or any of its employees shall be deemed to be non-confidential. Groupcentric shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
TERMS FOR DEVELOPERS
If you are a developer or operator of any application or service that uses Groupcentric’s application programming interface(s) you also agree to Groupcentric’s Platform Policy and SDK License Agreement.
THIRD PARTY LINKS
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are 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 Groupcentric 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, GROUPCENTRIC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, TANGIBLE OR INTANGIBLE (EVEN IF GROUPCENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GROUPCENTRIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSEBECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
We reserve the right to block access to any Content and to terminate your or any group member’s access to the Service at any time, with or without cause, with or without notice, effective immediately. Provisions of the Terms which on their face are intended to survive shall survive such termination.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GROUPCENTRIC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SHIZZLR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF THE SERVICE, AND YOU USE AND RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROUPCENTRIC OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
You shall indemnify, defend, and hold Groupcentric, its affiliates, officers, directors, employees and contractors, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Content or the SDK,; (b) your use of the Content or the SDK other than as expressly permitted hereby; or (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement. You will assume control of the defense and settlement of any claim subject to indemnification by you. Groupcentric may, however, at any time, elect to take over control of such defense and settlement of any such claim and still seek indemnification for any damages, costs and fees associated therewith. In any event, you will not settle any such claim without Groupcentric's prior written consent.
Changes to this Agreement
You are responsible for providing Groupcentric with your most current e-mail address. In the event that the last e-mail address you have provided to Groupcentric is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Groupcentric’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Any notice provided to Groupcentric pursuant to this Agreement should be sent to:
236 Southland Drive
Orange, CT 06477
Groupcentric is a trade name of Shizzlr, Inc., a Delaware corporation.
Arbitration and Governing Law
In the event a dispute arises between you and Groupcentric, please contact Groupcentric. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Fairfield or New Haven Counties, Connecticut, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Fairfield County or New Haven County, Connecticut. Use of the Site/Service is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Groupcentric agree that any cause of action arising out of or related to the Site and Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the laws of the United States of America.
Should you have a dispute with one or more users, or an outside party, you release Groupcentric (and Groupcentric’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Groupcentric encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Groupcentric has no obligation to resolve disputes between users or between users and outside parties.
This Agreement is the final, complete and exclusive agreement of you and Groupcentric with respect to the subject matters hereof (including the Service) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. Your relationship to Groupcentric is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without Groupcentric’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Groupcentric may assign this Agreement in connection with a merger, acquisition, reorganization, dissolution, or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
Effective Date: January 1, 2013
By using the Service you are indicating that you have read, understood, and agree to the updated Terms of Service.