GangsAway's products and services are provided by GangsAway! LLC (“GangsAway”, “we”, “us” or “our”). These Terms of Service ("Terms") govern your access to and use of GangsAway's website, products and services ("Services"). The Services shall encompass, collectively, the computer applications, programs, products, services and websites hosted or made available by GangsAway and its affiliates, which you may use for, among other things, uploading, creating, posting, storing, searching, tagging and sharing User Content (as defined below). Each time you access the Services, you agree to these terms and conditions as they may be amended from time-to-time. Please read these Terms carefully, and contact us if you have any questions.
You may use our Services only if you can form a legally binding contract with GangsAway, and only in compliance with these Terms and all applicable laws. When you create your GangsAway account, you must provide us with accurate and complete information. Any use or access by anyone under the age of thirteen (13) is prohibited. 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.
GangsAway hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use this website and its content for the sole purpose of enabling you to use and enjoy the benefit of the Services as permitted by these Terms, until your rights are terminated in accordance with these Terms.
You agree that you are responsible for your own conduct and all conduct under your account, and for all User Content that is created, stored, shared or published by anyone using your Account ID with the Services and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms, and all applicable laws and regulations in the relevant legal jurisdictions.
You further agree to NOT:
If you encounter any of these prohibited uses, we encourage you to report them to us immediately.
GangsAway allows you to post content, including photos, comments and other electronic files and information, including but not limited to the content you upload to the Services for sharing with other users (collectively, “User Content”). Except for the limited license and other rights granted to GangsAway in these Terms, you retain all copyright and any other rights you had in your User Content before you submitted it.
If you invite and enable others to view or have access to the User Content you store within the Services, then you are enabling each of those permitted users of the Services access to such User Content, and GangsAway shall not be responsible for any duplication, publication or other use of such User Content by such users.
You agree that you are solely responsible for protecting and enforcing those rights and that GangsAway has no obligation to do so on your behalf. Further, you represent and warrant to GangsAway that you have the rights and authority to submit your User Content to GangsAway in connection with your use of the Services, and such submission and publication of such User Content through the Services does not and will not infringe the rights of any person or third-party.
In order to enable GangsAway to operate the Services, you grant GangsAway a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform and distribute your User Content on GangsAway solely for the purposes of operating, developing, providing and using the GangsAway Services. Nothing in these Terms shall restrict other legal rights GangsAway may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any User Content posted or submitted to the Services, without obligation to any person. You agree that these rights and licenses are irrevocable and include a right for GangsAway to make such User Content available to, and pass these rights along to, other users and third parties with whom GangsAway has contractual relationships related to the provision of the GangsAway Services, solely for the purpose of providing and using such services, and to otherwise permit access to your User Content to third parties if GangsAway determines such access is necessary to comply with its legal obligations.
Following termination or deactivation of your account, or if you remove any User Content from GangsAway, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes. Furthermore, GangsAway 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 GangsAway.
By submitting to GangsAway any feedback, comments, ideas, suggestions and/or proposals regarding our Services (as opposed to, for example, destinations and third party services), through the “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GangsAway is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GangsAway shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GangsAway already may possess or have received or considered something the same as or similar to the Contributions; (e) your Contributions automatically become the property of GangsAway without any obligation of GangsAway to you; and, (f) you are not entitled to any accounting, compensation or reimbursement of any kind from GangsAway for Contributions. Your “User Content”, as defined and used in these Terms, does not include Contributions.
GangsAway retains the right to implement limits to the amount of storage available to you, the number of messages or other postings you may make, the nature of User Content permitted to be uploaded or displayed, and other limitations at any time. GangsAway may engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Services to send messages or transmit other User Content, you will be causing communications to be sent through computer networks owned by GangsAway and third parties that are located throughout the United States and other countries. In performing the required technical steps to provide the Services to our users, GangsAway may make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media.
GangsAway reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice. You agree that GangsAway shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services. Some of our Services may be software that is downloaded to your computer, phone, tablet or other device. You agree that we may from time-to-time automatically upgrade those Services, and these Terms will apply to such upgrades.
You acknowledge and agree that GangAway (and any licensors to GangsAway) own(s) all legal right, title and interest in and to the Services, including, without limitation, all software comprising a part of the Services that is either hosted on GangsAway’s servers or deployed by you or a third party to enable creation and management of your account, including uploading of User Content to, and display of User Content within, the Services (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Services, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. Except for the limited license rights specifically granted to you in these Terms, GangsAway and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Services and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Services).
Without limiting the generality of the foregoing, you agree not to access, use, copy, reverse engineer, create derivative works from, share or assist any third party to use the Services or any component thereof (including but not limited to any content of this website) to design, create, populate, program, market or promote any product, website, software or service in competition with GangsAway.
GangsAway™, the GangsAway logo and all other product or service names or slogans displayed on this website and our affiliates sites are registered and/or common law trademarks of GangsAway and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GangsAway or the applicable trademark holder in each instance. In addition, the look and feel of this website and other Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GangsAway and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GangsAway.
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying GangsAway that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
Notices of claims of copyright infringement on this website should be emailed or mailed to:
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, GangsAway has adopted a policy of terminating, in appropriate circumstances and at GangsAway's sole discretion, subscribers or account holders who are deemed to be repeat infringers. We also may limit access to Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may be assigned a username and/or existing email address and password (collectively, “Account ID”) for you to access or use the Services, or to modify your account settings and User Content. You are responsible for maintaining the confidentiality of your Account ID and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account ID. You agree to immediately notify us of any unauthorized use of your Account ID, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account ID secure.
We care about the security of our users. While we work to protect the security of your User Content and account, GangsAway cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
GangsAway may include the use of third-party resources and/or links to third-party websites as part of the Services. GangsAway has no control over such sites and resources and, accordingly, you acknowledge and agree that (a) GangsAway is not responsible for the availability of such external sites or resources; (b) GangsAway does not endorse and is not responsible or liable for any content or other materials available from such sites or resources, and (c) GangsAway 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 or materials available on or through any such site or resource.
Without limiting the generality of the foregoing, you acknowledge and agree the Services are intended to be used as a tool for finding, organizing, storing and sharing information regarding potential relocation or travel destinations and related third party services or activities. GangsAway does not undertake or assume any responsibility for your use of any content or third party information posted at this website, or for investigating or evaluating the quality, value or any other attributes of any destination or third party service.
GangsAway may terminate the Services, or your access to or use of the Services or your account, with or without notice. Reasons for GangsAway terminating your account or the Services include, without limitation: (a) breach or violation of these Terms, (b) your request or self-effecting account deletion, (c) an extended period of inactivity (determined in GangAway’s sole discretion), (d) non-payment of any fees or other sums due GangsAway or any other party related to your use of the Services, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Services (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination, GangsAway will close your account and you will no longer be able to retrieve User Content contained in that account or otherwise use the Services.
You agree to indemnify and hold GangsAway, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third-party claims attributable to your violation of these Terms or your violation of applicable law, regulations or third-party rights in connection with your use of the Services. In the event of such claim, GangsAway will provide notice of the claim, suit or action to the contact information it has for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
You acknowledge and agree that your access to and use of the Services may be subject to applicable foreign, national and/or local laws, ordinances, rules, and regulations, as well as the rules and regulations of non-governmental regulators such as the Financial Services Authority (each such agency, a "Regulatory Agency"). You agree to comply with all laws, ordinances, rules, regulations, and/or requirements imposed by any government or Regulatory Agency on your use, transmission, and disclosure of any data or information via the Services. You also represent and warrant that any data, media or other content you disseminate through the Services does not violate the intellectual property rights or other proprietary rights of any third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GANGSAWAY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) GANGSAWAY DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR, (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY TRANSMISSION OF CONTENT THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH TRANSMISSION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GANGSAWAY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT GANGSAWAY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, GANGSAWAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY SUCH PARTY OR PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, FRAUDULENT OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR, (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR ACCOUNT INFORMATION, TRANSMISSIONS OR CONTENT.
For any dispute you have with GangsAway, you agree to first contact us and attempt to resolve the dispute with us informally. If GangsAway has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and GangsAway agree otherwise, the arbitration will be conducted by a single arbitrator in the State of Connecticut, USA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS GANGSAWAY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GANGSAWAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to GangsAway for which GangsAway may not have an adequate remedy in money or damages. GangsAway will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. GangsAway's right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
These Terms shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in Fairfield County, Connecticut, for any actions not subject to Section 14 (Arbitration).
Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Changes to Terms. We may revise these Terms from time-to-time and the most current version will always be posted on our website. By continuing to access or use the Services after 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 Services.
Notices. You agree that GangsAway may provide you with notices regarding the Services by email, mail or postings on the website(s) related to the affected Services, in our discretion, and that GangsAway may rely upon the contact information you have provided as being accurate, complete and current. Except where these Terms specifically provide for use of a different means or address for notice, any notice hereunder to GangsAway must be delivered by email to email@example.com. This email address may be updated as part of any update to these Terms.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GangsAway, without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Third-Party Beneficiaries. You acknowledge and agree that each affiliate of GangsAway is a third-party beneficiary to these Terms and that such other entities shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third-party beneficiary to these Terms.
No Waivers. The failure or delay by GangsAway to exercise or enforce any right or provision of these Terms or rights under applicable law shall not constitute a waiver of any such provisions or rights.