By accessing or using the Services in any manner, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of an entity, all references to “you” in these Terms other than in this paragraph refer to the entity and you represent and warrant that you are a duly authorized representative with the authorization to act on behalf of the entity and bind the legal entity to these Terms. You may use the Platform only in compliance with these Terms.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 24 BELOW.

User Accounts. You must sign up for an account in order to access and use the Platform as a Creator. Shoppers and Website visitors are not required to create accounts. You promise to provide us with accurate, complete, and updated registration information about yourself.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify GTL of any unauthorized use of your password or account or any other breach of security. GTL will not be liable for any loss or damage arising from your failure to comply with this section. 

If you would like us to terminate your account, you can do so through the admin portal or by emailing team@gotolinks.com.

• You may only use the Services for your own personal use and in accordance with these Terms and any codes of conduct provided by GTL.
• You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
• You may not use the Services in any manner that GTL deems to be harmful, violent, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• You may not submit content to the Services that you do not have the right to submit. For example, you may not submit content through the Services that includes the likeness or intellectual property of another person, except to the extent you obtain prior express permission from that person.
• You may not impersonate others in your use of the Services.
• You may not use the Services in any way that violates the rules of any Third-Party Platform (as defined below).
• You may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the Services content using a bot or other tool.
• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
• You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
• You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or other security mechanisms in the Services.
• You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.

1. Subscriptions. When you register for an account as an Creator, you must purchase either a monthly or annual subscription for the Services (each, a “Subscription”). The fees associated with your Subscription will be identified when you purchase your Subscription. To the extent you are offered a free trial when you register for your account, your Subscription will not end when the free trial ends, and your first payment will be due upon the termination of the free trial unless you cancel your Subscription prior to the end of the free trial. For monthly Subscriptions, you will be billed on each monthly anniversary of your first payment. For annual subscriptions, you will be billed on each anniversary of your first payment.
2. Automatic Renewal of Subscription. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH PAYMENT CYCLE (EITHER MONTHLY OR YEARLY, DEPENDING ON THE SUBSCRIPTION YOU PURCHASE) UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ADMIN PORTAL. IF YOUR SUBSCRIPTION STARTS WITH A FREE TRIAL, YOU WILL BE BILLED FOR YOUR FIRST PAYMENT AT THE END OF THE FREE TRIAL UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL.
3. Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your Subscription. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Subscription may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Subscription. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
4. Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. We reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.

1. GTL Content. As between you and GTL, GTL owns all right, title and interest in and to the materials available through the Services other than Your Content and Other User Content (as both are defined below), including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing except Your Content and Other User Content, the “GTL Content”).

   Conditioned upon your compliance with these Terms, GTL grants you a limited, non-exclusive, non-transferable license, to access and view the Services in accordance with these Terms. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GTL or its licensors, except for the licenses and rights expressly granted in these Terms.

2. Your Content. As between you and GTL, you own your Social Media Content, and all other content that you submit through the Services (collectively, “Your Content”). You grant to GTL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, access, copy, adapt, modify, distribute, publicly display, transmit, and otherwise exploit Your Content, in any media, in order to provide the Services to you.

   You acknowledge and agree that you are solely responsible for Your Content. Accordingly, you represent and warrant that (i) you have all rights, licenses, consents and releases that are necessary to grant to GTL the license above, and (ii) our use and Shoppers’ use of Your Content as permitted by these Terms will not infringe the intellectual property rights of any third party. If Your Content violates these Terms in any way, we reserve the right to remove Your Content from the Services.

3. Other User Content. Just as you are responsible for Your Content, other users of the Services are responsible for the content they submit and create through the Services (collectively, “Other User Content”). Although GTL reserves the right to review, moderate, or remove any content that appears on the Services, we are not required to do so.
4. Shoppers. When you visit a Creator's Grid, we grant you a limited, non-exclusive, and non-transferable right to view and interact with the Platform through the Grid. TO THE EXTENT ALLOWED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, PRODUCTS, SERVICES, OFFERS, OR OTHER CONTENT INCLUDED WITHIN ANY CREATOR'S SOCIAL MEDIA CONTENT.
5. USER NAME KEEP YOUR USERNAME CLEAN AND RESPECTFUL. DON'T USE OFFENSIVE LANGUAGE, HATE SPEECH, OR DISCRIMINATORY TERMS. NO IMPERSONATING OTHERS, SEXUALLY EXPLICIT CONTENT, VIOLENT THREATS, OR TRADEMARKED NAMES WITHOUT PERMISSION.

1. If you are a Creator, you are solely responsible for your Shoppers and their interactions with Your Content. You bear the sole responsibility for ensuring compliance with all applicable laws concerning your Shoppers and transactions conducted between you and Shoppers. GTL is not responsible for any products or services that you advertise or sell through the Services.
2. REGARDLESS OF WHETHER YOU ARE A SHOPPER OR A CREATOR, YOU ASSUME ALL RISK REGARDING YOUR INTERACTIONS WITH ANY OTHER USERS OF THE PLATFORM. YOU HEREBY RELEASE AND HOLD GTL (AND GTL’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS) HARMLESS FROM ANY CLAIM OR CONTROVERSY THAT MAY ARISE OUT OF THE ACTIONS OR INACTIONS OF, OR THE RELATIONSHIP BETWEEN, YOU AND ANY OTHER USER.

Notices of Copyright Infringement. GTL respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, GTL will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

1. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
2. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
3. your mailing address, telephone number, and, if available, email address;
4. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
5. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
6. your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:

The following individual is designated as our agent to receive notifications of claimed copyright infringement:

Suspension & Termination. GTL may immediately and without notice suspend or terminate these Terms and disable your access to the Services for any or no reason. You may terminate your account at any time through your admin portal or by emailing us at team@gotolinks.com. If you terminate your Subscription, you may continue to use the Platform until the end of the period for which have already paid, but you will not be entitled to a refund of any fees.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us. 

Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold GTL, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) any dispute between you and one or more other users.

Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, GTL CONTENT, AND OTHER USER CONTENT ARE ALL PROVIDED "AS IS," AND GTL AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. GTL AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GTL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO GTL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Notices. Any notices or other communications permitted or required hereunder will be in writing and given by GTL (a) via email (in each case to the address that you provide) or (b) by posting to the Website.

No Waiver. The failure of GTL to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without GTL’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. GTL may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Governing Law; Arbitration. These Terms are governed by and will be construed under the laws of the state of California, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined 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 such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in San Diego, California. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in San Diego, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GTL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement. These Terms constitute the entire agreement between you and GTL regarding your use of the Services, and supersede all prior written or oral agreements.

Contact Us. If you have any questions about the Services, please do not hesitate to contact us at team@gotolinks.com.