Users registered on GetaByte are referred to as Members
. Members who create and manage Bytes and represent a business are referred to as Byte Owners
. A Byte
on GetaByte is the means at which Members subscribe to receive messages from Byte Owners. Customers
are Members who do not own Bytes and do not represent a business account. Byte Owners and Customers are responsible for understanding and complying with all laws, rules and regulations.
GetaByte enables Byte Owners to create Bytes that Customers subscribe to receive messages from. The messages can be received in the form of an email, SMS message, Facebook Messenger message or Whatsapp message. Byte Owners can also trade their Bytes with other Byte Owners.
As the provider of GetaByte, GetaByte does not create, sell, own, provide, offer, or supply any Bytes. GetaByte does not become a party in any contractual relationship between Members.
GetaByte has no control over and does not guarantee:
If you choose to use GetaByte as a Member, your relationship with GetaByte is limited to an independent, third-party contractor, and not an employee, or partner of GetaByte and GetaByte does not control you. You acknowledge and agree that you have complete discretion whether to create Bytes or engage in other business.
You must be at least 13 years old to use GetaByte or register a GetaByte account. By using GetaByte you represent that you are 13 or older.
You must register an account on GetaByte to access and use features on GetaByte. You must provide accurate, current and complete information during the registration process and keep your account and profile page current at all times.
GetaByte may enable Members to create, upload, send, post, receive and store content, such as text, photos, and other materials and information on or through GetaByte. Except to the extent as permitted in these Terms, you will not modify, distribute, use, copy, sell, transfer, publicly display or exploit GetaByte. By sending, receiving, creating, uploading, posting, storing or making available any Member content on GetaByte, you grant GetaByte a non-exclusive, royalty-free, irrevocable, perpetual license to such Member content to access, use, store, copy, modify, distribute, publish in any media or platform.
You will not publish, submit, post, upload or transmit any Member content that is fraudulent, or deceptive, in defamatory, obscene, pornographic, vulgar or offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group or promotes illegal activities. You are solely responsible for all Member content that you make available on GetaByte. You represent that you are either the exclusive Byte Owner of all Member content that you make available on GetaByte or you have all rights and licenses that are necessary to grant to GetaByte the rights to such Member content.
GetaByte may charge fees to Byte Owners for the use of the GetaByte services and will be shown to Byte Owners prior to creating, renewing or trading a Byte. GetaByte will always be free for Customers to use and, for now, it is free for Byte Owners to use. GetaByte reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. You are responsible for paying any Service Fees that you owe to GetaByte. Any Service Fees are included in the total payment collected by GetaByte.
Byte Owners must be an employee or owner of a for-profit, non-profit or not-for-profit organization that is verified by GetaByte. When creating a Byte through GetaByte you must provide complete and accurate information about your Byte and account (such as description, location, name and related images), verify you have access to the businesses email or phone system and provide any pertinent information requested by GetaByte. You are responsible for keeping your Byte information accurate and up-to-date. You may not request that Members pay a price to subscribe to your Byte. Pictures used in your Byte must accurately reflect the purpose of the Byte. GetaByte reserves the right to require that the Byte have a minimum number of images of a certain format, size and resolution. You also agree the pay the applicable fees. Byte Owners agree to publicly display specific information which will allow Members to contact and locate their business and or organization. This information includes business name, business location, business phone, business logo, and business web address. Some additional information will be shared only with other Byte Owners when a Byte trade is agreeded apon by both parties. This information includes your name and business mailing address.
When creating a Customer account through GetaByte only a valid email address is required. You must provide complete and accurate information for any optional, supplemental fields (such as birth year, home zip code, work zip code, first name, phone number), verify you have access to the email and mobile phone provided. You are responsible for subscribing to the Bytes and un-subscribing from Bytes. You will never be required to pay to receive messages or any services from GetaByte or any Members. All personally identifying information will remain private and not be shared or sold to any Members on GetaByte or outside GetaByte.
Byte Owners are responsible for any Bytes that they make on GetaByte and the content. Bytes must be as specifice as possible and the associated image must be related to the Byte and appropriate for Members ages 13 years and older. Bytes cannot contain images or verbage related to alcohol, tobacco or pornographic material or illegal activity. In certain circumstances, GetaByte may decide, in its sole discretion, that it is necessary to cancel a Byte and make appropriate refund and payout decisions. This may be for reasons where GetaByte believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to GetaByte, other Members, third parties or property, or for any of the reasons set out in these Terms. Any Bytes printed by Byte Owners and displayed with the intent to provide access for Members to subscribe to messages must also display the "GetaByte.net" web address and logo.
Byte Owners are responsible for any Byte Trades that they make on GetaByte. Byte Owners are responsible for selecting other Byte Owners to trade with, accepting, voiding or rejecting trade requests. Payment for making trade requests must be paid in full to GetaByte at the time a trade is accepted by another Byte Owner. Both Byte Owners in the trade, once a trade is accepted, agree to mail their Byte to the address provided. Bytes cannot exceed 8 inches by 10.5 inches in size. Bytes do not need to be returned to the Byte Owner after the trading period expires. Once the Byte is received in the mail the Byte Owners agree to display the Byte within 2 days near the Bytes they own for a least 2 weeks. Byte Trades are sent, voided, accepted, and rejected soley by they Byte Owner discretion. GetaByte cannot and does not verify the terms of Byte Trades are adhered to, that Bytes are put on display in locations that are in the best interest of either Byte Owner. Byte Trades are made soley in good faith that both parties will adhere to the Byte Trade terms to the best of their ability.
Byte Owners are responsible for the content of all messages sent from the Bytes they own. This includes, but not limited to, owning the rights to the images in the messages and the verbage of the message. GetaByte will not compensate Memebers for any messages that are not sent, not delivered or not opened. Messages must be related to the Byte description and be suitable for people 13 years of age and older. Messages must not contain any content or relate to alchol, pornography, tobacco or illegal activity. GetaByte will not be held responsible for the content of the messages sent from Byte Owners to other Members.
GetaByte reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on GetaByte.com and change the date at the top. We will provide you with notice of the modifications by email at least 30 days before they become effective.
GetaByte makes no warranties, expressed or implied, as to the merchantability of the Bytes or messages or services or its fitness for any particular purpose. There is no warranty that Byte is suited for Byte Owner's intended use, or that it is free from defects. Except as may be specifically set forth in these Terms, GetaByte disclaims all warranties, either expressed or implied, made in connection with GetaByte services.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of GetaByte. In connection with your use of GetaByte, you will not and will not assist or enable others to:
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GetaByte by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
You may terminate this Agreement at any time by sending us an email. If you cancel your GetaByte Account as a Byte Owner, any Bytes you own and Byte Trades you accepted will be automatically cancelled.
GetaByte may immediately, without notice, terminate this Agreement and/or stop providing access to GetaByte if (i) you have breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) GetaByte believes in good faith that such action is reasonably necessary to protect the personal safety or property of GetaByte, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, GetaByte may take any of the following measures to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if you have breached these Terms, applicable laws, regulations, or third party rights, you have provided inaccurate, fraudulent, outdated or incomplete information during GetaByte Account registration, Byte process or thereafter, you and/or your Bytes at any time fail to meet quality criteria, GetaByte becomes aware of or has received complaints about your performance or conduct, you have sent messages unrelated to the Byte you own or your messages are inappropriate for Members 13 years old, or GetaByte believes in good faith that such action is reasonably necessary to protect the personal safety or property of GetaByte, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by GetaByte and an opportunity to resolve the issue to GetaByte's reasonable satisfaction.
When this Agreement has been terminated, you are not entitled to a restoration of your GetaByte Account or any of your Member Content. If your access to or use of GetaByte has been limited or your GetaByte Account has been suspended or this Agreement has been terminated by us, you may not register a new GetaByte Account or access and use GetaByte through a GetaByte Account of another Member.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use GetaByte, you do so voluntarily and at your sole risk. GetaByte is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate GetaByte, laws, rules, or regulations that may be applicable to your Bytes and/or Byte Owner Services you are receiving and that you are not relying upon any statement of law or fact made by GetaByte relating to a Byte.
If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You agree to release, defend (at GetaByte’s option), indemnify, and hold GetaByte and its affiliates and subsidiaries, including but not limited to, GetaByte, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of GetaByte, (iii) your interaction with any Member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or use, (iv) your breach of any laws, regulations or third party rights.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between GetaByte and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between GetaByte and you in relation to the access to and use of GetaByte.
No joint venture, partnership, employment, or agency relationship exists between you and GetaByte as a result of this Agreement or your use of GetaByte. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. GetaByte’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without GetaByte's prior written consent. GetaByte may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by GetaByte via email.
