LAST UPDATED: 1/1/2022

The following Terms of Service (the “Terms”) govern your use of the Our Place application and the products, services, features, technologies, and software offered by Our Place (collectively, the “App”).

Q:  Who can use the App?

A:  You and other Our Place clients, caregivers, legal guardians, service providers, and the Our Place employees and independent contractors. You cannot use the App if:

1. You are under 13 years old, unless your sole use of the App is to access the virtual reality videos on the App, and you have the consent of and are under the supervision of you parent or legal guardian.
2. You are a convicted sex offender.
3. We've previously disabled your account for violations of our Terms.
4. You are prohibited from receiving our products, services, or software under applicable laws.

Q:  Can my caregiver or legal guardian see my activity on the App?

A:  That depends on whether you are legally independent or whether you have a legal guardian. 

If you are legally independent, then you can decide whether you want to provide your consent to allow your caregiver to access your activity on the App. If you decide to allow your caregiver access, you can decide which parts of your activity on the App you will allow your caregiver to access. If you are legally independent and you do not want to provide your caregiver access to your activity on the App, you are not required to provide your consent.

If you have a legal guardian, then your legal guardian will have access to all of your activity on the App.

Q:  Can Our Place see my activity on the App?

A:  Yes. Our Place is a “super-user” of the App. This means that we can see all public posts, private messages, event responses, and anything else you or any other user may do, write, or post on the App. We maintain this visibility into your use of the App so that we can make sure that you and other people are safe.

Q:  What can I share on the App?

A:  Our Place encourages you to create and share content, and otherwise use the App to its full extent. However,

1. You may not use the App to do or share anything:
• That violates these Terms, and any other terms and policies that apply to your use of the App.
• That is unlawful, misleading, discriminatory, or fraudulent.
• That infringes or violates someone else's rights, including their intellectual property rights.
2. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the App.
3. You may not access or collect data from the App using automated means (without our prior permission) or attempt to access data you do not have permission to access.
4. You may not use the App to create a music listening experience for yourself or for others.

We can remove or restrict access to content that is in violation of these provisions, and/or disable your account permanently or temporarily. We can also remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Our Place.

Q:  Does Our Place have any community guidelines on what I can or cannot share?

A:  Yes, the App is meant to be used in full accordance with Our Place’s community guidelines which prohibit sharing content related to the following:

1. Violence, death, and threats of injury.
2. Hate speech and organizations engaged in hate speech.
3. Criminal or harmful activities targeted at people, businesses, property, or animals.
4. Illegal goods and services.
5. Fraudulent or deceptive activity.
6. Suicide and self-harm.
7. Human exploitation, including but not limited to, child and adult sexual exploitation.
8. Bullying and harassment.
9. Nudity and sexual activity.
10. Unauthorized content, including but not limited to, content infringing on copyright and trademarks.

Q:  What information does Our Place collect from me and other users through the App?

A:  When you create an account with the App, it collects your first and last name, your address, your email address, your telephone number, and your username and password.  As you use the App, it will collect other information such as the pictures you post, the messages you send, credit and debit card information you use to pay for events and activities, and your attendance at events. The App also collects information about when you access the App, and what device (cell phone, tablet, laptop, or computer) you use to access the App.

Q:  Does the App use cookies or similar technologies?

A:  Yes, the App may utilize "cookies," web beacons and other similar technologies on our website. Cookies are unique text files that may be used for data analysis, and enable our App to tailor information for users. We may use cookies for purposes such as to personalize the user's experience, to remember a user when the user registers for products or services, for fraud prevention, or to track use of the App. We also may use "web beacons" (also referred to as pixel tags, clear gifs or other terms) or similar technologies to collect information such as how long a visitor remains on a particular page. If you do not want us to deploy cookies to your device, you may set the browser to reject cookies or to notify the user when a web site tries to place cookies in the browser program. Rejecting cookies may affect your ability to use some of features offered.

Q:  How does Our Place use the information the App collects from me and other users?

A:  We may use information collected through the App for the following purposes:

• To communicate with you and respond to your requests;
• To provide services to you or those under your care, such as housing and social events;
• To make sure that the App is being used appropriately;
• To personalize content for the user and make improvements to the App;
• To notify the user of any changes to the App which may affect the user;
• To enforce the terms of use for our website or mobile application;
• For business planning purposes;
• To prevent fraud, protect the health or safety of the Our Place community and others, and investigate potential misconduct; or
• To comply with law and legal process.

We do not share, sell or lease personal information about you except as set forth in these Terms.

Q:  Does Our Place disclose the information the App collects to anyone else besides my caregiver or guardian?

A:  Yes. We may share certain information with our service providers such as event hosts and transportation services. We also may share information to prevent fraud, protect the health or safety of the Our Place community and others, to investigate potential misconduct, or to comply with our legal obligations. 

We also may share information if we ever transferred Our Place programs or assets to another organization.

Also, remember that that if you share information with other users, through direct messages, group chats or other functions the person or persons that you share information could use or disclose the information that you provide so be careful about what you share.  Use and disclosure of information by Our Place Staff, either as users or monitors of App activity, is subject to these Terms.  

Q:  How can I access or correct information I provide through the App?

A:  You can either use the mechanisms in the App or you can contact us at ____ for assistance.

Q:  Do you take steps to secure personal information collected through the App?

A: Yes, we use administrative, physical and technical safeguards designed to safeguard personal information collected through the App.

If you use the App, you are responsible for maintaining the confidentiality of any user ID and password or other access credentials that you may be provided. You should notify us immediately if any user ID and password or other access credentials we may issue you are compromised.

Q:  How will changes to these Terms be communicated?

A:  Our Place reserves the right to change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms. The modified Terms will be effective immediately upon posting. Your continued use of the App after the posting of the modified Terms constitutes your agreement to abide and be bound by it. We encourage you to periodically review these Terms for the latest information on our privacy and security policies.

Miscellaneous

1. Licenses and Permissions. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license will end when your content is fully deleted from our systems.

 

You grant us permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on the App without any compensation to you. For example, we may publish that you are interested in attending an event, or have liked an event or service provided by one of the service providers on the App.

 

You grant us permission to download and install updates to the software for the App when and where available.

 

2. Intellectual Property Rights. We retain all rights to content which includes Our Place and its affiliates’ intellectual property rights. You must obtain our written permission to use any content including our intellectual property rights, or to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
3. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR PLACE OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS AND SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE DAMAGES RESULTING FROM LOST PROFITS OR REVENUE, LOSS OF DATA OR ANY OTHER TANGIBLE LOSS), BUSINESS INTERRUPTION, OR REPUTATIONAL HARM ARISING OUT OF OR RELATING TO THE ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE APP OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OUR PLACE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

THE APP AND ALL SERVICES, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH THE EXPRESS UNDERSTANDING THAT OUR PLACE MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE APP IS AT YOUR OWN DISCRETION AND RISK. OUR PLACE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE APP, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA. we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Our aggregate liability arising out of or relating to these Terms or the use of the app will not exceed the greater of $100.00 or the amount you have paid us in the past twelve months.

OUR PLACE MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES AND INDIVIDUALS LISTED ON THE APP, OR THE BUSINESSES AND INDIVIDUALS WHO OFFER GOODS OR SERVICES THROUGH THE APP, OR THE APP’S USERS. ACCORDINGLY, OUR PLACE IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR INDIVIDUALS LISTED OR FEATURED ON THE APP. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE APP IS AT YOUR OWN DISCRETION AND RISK.

4. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of Georgia without giving effect to principles of conflict of law of any jurisdiction. If, under any circumstances, any dispute or controversy arising out of or relating to or in any way connected with these Terms shall be the subject of any court action at law, such action shall be filed exclusively in the courts of the State of Georgia, County of Gwinnett, or of the United States District Court, Northern District of Georgia, Atlanta Division.

5. These Terms make up the entire agreement between you and us regarding your use of the App. They supersede any prior agreements.

 

6. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

 

7. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

 

8. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

We reserve all rights not expressly granted to you.