GroupMe / TERMS OF SERVICE

Terms of Service
Simply put: GroupMe, Inc. (collectively, "we" "us" or "GroupMe") is a group texting and conference calling service that lets you stay in touch with groups of people via mobile phones. GroupMe is currently provided as a free service. We appreciate responsible usage of the service and hope you enjoy it! By the way, if you don’t agree to the Terms of Service below, don’t use the Service!

TERMS OF SERVICE
The following terms and conditions govern all use of the GroupMe service including without limitation this website (www.groupme.com) (collectively the "Service"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies (including, without limitation, GroupMe’s Privacy Policy http://groupme.com/privacy) and procedures that may be published from time to time on this website by GroupMe (collectively, the "Terms").

AGREEMENT TO BE BOUND
Please read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. GroupMe may amend the Terms from time to time and will provide notice of any substantive changes on this website. Continued usage of the Service constitutes acceptance of the amended Terms.

ABILITY TO ENTER INTO THIS AGREEMENT
The Service is available only to individuals who are at least 13 years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and us.

GROUPME SERVICE
The Service enables you to create unique groups with friends, coworkers, and other individuals and then allows you send messages to individuals you or others add to the group. Each unique group is given a ten digit telephone number. Sending SMS messages to the number sends the message to the entire group, while calling the unique phone number will result in a conference call to the entire group. Please note that any text messages sent to the unique number will be sent to every individual in the group, with the exception of commands (always prefaced with a "#").

GROUPME MESSAGES AND CONSENT
Consent to add group members. GroupMe makes it easy for you to add group members to your groups so that you can exchange messages with each other. YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO BE ADDED TO THE GROUP AND TO RECEIVE TEXT MESSAGES FROM YOU AND ANYONE ELSE IN THE GROUP.

Consent to receive periodic messages from GroupMe. As part of the Service, GroupMe 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 stop receiving messages, and information on how to avoid certain charges by downloading the GroupMe app. GroupMe also may inform group members who have not replied that they automatically will be removed from the group if they do not participate. GroupMe may send other administrative messages as well. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM GROUPME, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM GROUPME.

Stopping groupme messages. To permanently cease receiving text messages from any group, text STOP to any group or to the GroupMe shortcode (GROUP or 47687). GroupMe service can be resumed by texting RESUME to any group or the shortcode.

TEXT MESSAGING FEES
GroupMe 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 a monthly quota as any other messages do. Any users, whether sending or receiving text messages with GroupMe, 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 provider. If you are using GroupMe internationally, please read our International SMS terms, available online here: http://groupme.com/t

GROUPME ACCOUNTS AND USE OF SERVICE
If you create an account on GroupMe, you are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You must immediately notify us of any unauthorized uses of your group, your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will not falsify your phone number or spoof another individual’s phone number.

USER RESPONSIBILITIES
If you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by GroupMe. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

Using the Service means that you will:

only send messages to people who have expressly agreed to receive text messages from you, other members of the group, and GroupMe;
comply with all applicable laws and regulations;
not infringe on the intellectual property or privacy of others;
only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content;
ensure that the Content is not being sent in connection with any f unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
comply strictly with any carrier agreements and terms associated with your mobile device; and
not attempt to disrupt the Service.
LICENSE TO SOFTWARE
GroupMe’s affiliate company, Skype Software SARL, may make available software to enable use of the Service (the "Software"). If Software is made available to you through the Service, your use of the Software is subject to the terms of the end-user license agreement (if any) that accompanies the Software; or, if no end-user license accompanies the Software, then subject to the terms and conditions of this Agreement, Skype Software SARL grants to you only a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on a single personal computer in accordance with its documentation (if any), solely to enable your use of the Service. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.

CONTENT
Any Content transmitted by groups is not representative of our opinions including our employees. Links may be transmitted in groups, none of which are endorsed by or affiliated with us. Please use your discretion in following these links and utilizing the Service and keep in mind that all use is governed by the Terms.

CONTENT LICENSING
By using GroupMe and submitting Content to a group, you grant us a world-wide, royalty-free, perpetual, fully sub-licenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, GroupMe has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in GroupMe’s opinion, violates any GroupMe policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in GroupMe’s sole discretion. This may include modifying or stopping the Service in its entirety.

COPYRIGHT CLAIMS AND DMCA POLICY

We respect the intellectual property of others. If you think material shared in a GroupMe group violates any of your copyrights, please contact GroupMe.

The following steps should be followed when sending a Digital Millennium Copyright Act ("DMCA") take down notice to us.

Send an email to copyright@groupme.com.

Include details of the infringement, including an identification of the copyrighted work(s) claimed to have been infringed, identification of the material that is claimed to be infringing, and information sufficient for us to locate the material.

Include a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Include a statement that the above information is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Add your name and address.

We will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, GroupMe will terminate that user’s access to GroupMe.

MODIFICATIONS TO AND TERMINATION OF THE SERVICE
GroupMe may periodically make updates to the Service. Disruptions to the Service are rare but may occur. GroupMe reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any Content made available through or on the Service.

PRIVACY POLICY
Messages transmitted via GroupMe are subject to the GroupMe Privacy Policy, available online at http://groupme.com/privacy

TERMINATION OF ACCESS TO CONTENT AND SERVICE
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. Should you wish to terminate your use of the GroupMe service, simply text STOP to any existing GroupMe group. Provisions of the Terms which on their face are intended to survive shall survive such termination. Your access to Content may be terminated.

DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GROUPME 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. GROUPME DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU 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 GROUPME 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. LIMITATION OF LIABILITY

NEITHER GROUPME NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROUPME HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL GROUPME'S OR OUR AFFILIATES’, LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO GROUPME FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE 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. INDEMNIFICATION

You agree to indemnify and hold harmless GroupMe, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Software and/or Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.

FORCE MAJEURE
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.

MISCELLANEOUS
These Terms constitute the entire agreement between GroupMe and