Terms of Service
These terms are an agreement between you and Fatt Corporation (“we”, “us”), which operates Before We’re Gone at beforeweregone.com. By creating an account, or by replying to an invitation, you agree to these terms and to our Privacy Policy. If you don’t agree, please don’t use Before We’re Gone.
1. Who can use Before We’re Gone
You must be at least 13 years old to create an account. If you are under 18, you need permission from a parent or guardian, who agrees to these terms for you. You may have only one account unless we say otherwise.
2. Your account
Give us accurate information, keep your password private, and tell us at contact@beforeweregone.com if you think someone else is using your account. You are responsible for what happens under your account.
3. Your content
You own the plans, messages, photos and other content you add. You give us a limited permission to store, copy, display and send that content only as needed to run Before We’re Gone. For example, we show your plan to the people you share it with, and we make backups. This permission ends when you delete the content or your account, except for backups kept for a short time, and content others already received.
Only post content you have the right to share. You are responsible for who you share invite links with, since anyone who has a link can see that plan.
Memories are public. When you share one, you also let us show it, its photo and your first name and last initial to anyone who visits Before We’re Gone, until you delete it. Only share photos of people who are okay with it being public. We may hide a memory that breaks these terms.
4. Acceptable use
Don’t use Before We’re Gone to:
- break the law, or help someone else break it;
- harass, threaten, bully or impersonate anyone, or post hateful content;
- post sexual content involving minors, or any sexually explicit content;
- share someone’s private information, or photos of them, without their permission when they would reasonably object;
- post content that infringes someone else’s copyright, trademark or other rights;
- send spam or bulk unsolicited invitations, or use Before We’re Gone to advertise. Only email invitations to people you know who would expect to hear from you;
- upload malware, try to get around our security, or access accounts or data that aren’t yours;
- scrape Before We’re Gone, or overload or disrupt it.
5. Reports and removal
You can report a plan or content using “Report” in Before We’re Gone, or by emailing abuse@beforeweregone.com. We may remove content, turn off invite links, or suspend or close accounts that break these terms or that put people at risk, with or without notice.
Copyright: if you believe content on Before We’re Gone infringes your copyright, email abuse@beforeweregone.com with a description of the work, where the content appears, your contact information, and a statement that you have a good-faith belief the use is not authorized.
6. Guests
People who reply to an invitation without an account can see that plan and reply to it. Hosts can remove guests and their replies at any time.
7. The service
Before We’re Gone is currently free. We are always improving it, and we may add, change or remove features, or stop offering Before We’re Gone. If we plan to shut it down, we will give reasonable notice so you can download your data. Before We’re Gone is a planning tool: please don’t rely on it as your only record of important dates or information.
Maps, links and “explore nearby” suggestions come from third parties such as Google. We don’t control them and aren’t responsible for their content or accuracy.
8. Disclaimers
Before We’re Gone is provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise that Before We’re Gone will always be available, error-free or secure, or that content will never be lost. We are not responsible for gatherings themselves, or for what users do or post.
9. Limitation of liability
To the fullest extent the law allows, Fatt Corporation will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from your use of Before We’re Gone. Our total liability for any claim relating to Before We’re Gone is limited to the greater of the amount you paid us in the past 12 months or US $50. Some places don’t allow these limits, so they may not all apply to you.
10. Indemnity
If someone brings a claim against us because of content you posted or your breaking these terms, you agree to cover our reasonable costs and losses from that claim, to the extent the law allows.
11. Ending your use
You can stop using Before We’re Gone at any time, and delete your account from account settings. We may suspend or end your access if you break these terms. Sections 3 (as to backups), 8, 9, 10 and 12 continue after your account ends.
12. Law and disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in San Luis Obispo County, California, and you and we consent to those courts. If you have a concern, please email contact@beforeweregone.com first. Most problems can be solved that way.
13. Changes to these terms
We may update these terms. We’ll change the effective date above, and if a change is significant we’ll let you know by email or in Before We’re Gone before it takes effect. Continuing to use Before We’re Gone after that means you accept the new terms.
14. Everything else
These terms and the Privacy Policy are the whole agreement between you and us about Before We’re Gone. If any part is found unenforceable, the rest still applies. If we don’t enforce a term right away, we can still enforce it later. You can’t transfer these terms to someone else; we may transfer them as part of a merger or sale of the service.
Questions? contact@beforeweregone.com