Terms of Service

The following terms and conditions govern all use of the FollowGate.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FollowGate’s Privacy Policy) and procedures that may be published from time to time on this Site by FollowGate (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FollowGate, acceptance is expressly limited to these terms. The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

1. Your FollowGate.com Account and Site

If you create an account or page on the Website, you are responsible for maintaining the security of that property, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or assign content to your page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FollowGate may change or remove any description or content that it considers inappropriate or unlawful, or otherwise likely to cause FollowGate liability. You must immediately notify FollowGate of any unauthorized uses of your page, your account or any other breaches of security. FollowGate will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate an account, create a landing page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. By submitting Content to FollowGate, you grant FollowGate a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your page. This license allows FollowGate to make publicly-posted content available to third parties selected by FollowGate (through the FollowGate Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, FollowGate will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, FollowGate has the right (though not the obligation) to, in FollowGate’s sole discretion (i) refuse or remove any content that, in FollowGate’s reasonable opinion, violates any FollowGate policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FollowGate’s sole discretion. FollowGate will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal

General Terms

Optional paid services such as account creation, extra storage, and other features are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay FollowGate the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.

Automatic Renewal

Unless you notify FollowGate before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

4. Responsibility of Website Visitors

FollowGate has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, FollowGate does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FollowGate disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FollowGate.com links, and that link to FollowGate.com. FollowGate does not have any control over those generated websites and webpages, and is not responsible for their contents or their use. By linking to a a generated website or webpage, FollowGate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FollowGate disclaims any responsibility for any harm resulting from your use of generated websites and webpages.

6. Copyright Infringement and DMCA Policy

As FollowGate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FollowGate.com violates your copyright, you are encouraged to notify FollowGate in accordance with FollowGate’s Digital Millennium Copyright Act (“DMCA”) Policy. FollowGate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FollowGate will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FollowGate or others. In the case of such termination, FollowGate will have no obligation to provide a refund of any amounts previously paid to FollowGate.

9. Intellectual Property

This Agreement does not transfer from FollowGate to you any FollowGate or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FollowGate. FollowGate, FollowGate.com, the FollowGate.com logo, and all other trademarks, service marks, graphics and logos used in connection with FollowGate.com, or the Website are trademarks or registered trademarks of FollowGate or FollowGate’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FollowGate or third-party trademarks.

8. Advertisements

FollowGate reserves the right to display advertisements on your pages unless you have purchased an Ad-free Upgrade or a VIP Services account.

9. Attribution

FollowGate reserves the right to display attribution links such as 'Created at FollowGate.com,’ and attribution in your page footer. Footer credits and the FollowGate.com toolbar may not be altered or removed regardless of upgrades purchased.

10. Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using FollowGate.com within the designated notice period. Your continued use of FollowGate.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11. Termination

FollowGate may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FollowGate.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided “as is”. FollowGate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FollowGate nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will FollowGate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FollowGate under this agreement during the twelve (12) month period prior to the cause of action. FollowGate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the FollowGate Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. US Economic Sanctions

You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and FollowGate reserve the right to terminate accounts or access of those in the event of a breach of this condition.

16. Indemnification

You agree to indemnify and hold harmless FollowGate, its contractors, 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 Website, including but not limited to your violation of this Agreement.

17. Translation

These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

18. Miscellaneous

This Agreement constitutes the entire agreement between FollowGate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FollowGate, or by the posting by FollowGate of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FollowGate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.