Gratii Mobile Application
TERMS OF SERVICE
**ONE ACCOUNT ALLOWED PER PERSON**
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GRATII, INC. ("GRATII") STATING THE TERMS THAT GOVERN YOUR USE OF THE GRATII MOBILE APPLICATION SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF GRATII'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND GRATII. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND GRATII MAY REFUSE ACCESS TO THE GRATII MOBILE APPLICATION FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Gratii Mobile Application. Gratii is the provider of the Gratii Mobile Application (the "Service") that permits you to view, stream, and purchase/bid on products/content, both physical and virtual, with a virtual currency called Gratii, under certain terms and conditions as set forth in this Agreement. The Gratii Mobile application allows you to earn Gratii and manage a personal account and profile, under certain terms and conditions as set forth in this Agreement.
2. Age Requirements for Use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian fully understand these terms and conditions.
3. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Since use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your sole responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
4. Policies and Rules. Your use of the Service and transactions made through it are subject to Gratii's Terms of Sale which can be readily viewed on the Service or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Gratii's Terms of Sale, you should do so now.
5. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account information. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Gratii of any unauthorized use of your Account or any other breach of security. Gratii shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products transacted through the Service, such as videos ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Gratii and its licensors. You agree to comply with such usage rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person (or any third party) to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such usage rules for any reason whatsoever. Usage rules may be controlled and monitored by Gratii for compliance purposes, and Gratii reserves the right to enforce the usage rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Gratii for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purpose including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
6. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Gratii may charge your credit card or PayPal account for any Products purchased or for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GRATII WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the Account registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online. There may be a temporary disruption of your access to the Service until Gratii can verify the validity of the new credit card or PayPal account information.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND YOUR INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE GRATII MOBILE APPLICATION, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain system requirements, including certain hardware and software, which may be changed from time to time, and which are your sole responsibility.
7. Delivery of Products - Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to any Product that is not delivered within a reasonable period of time will be a refund of the price paid for such Product, as determined by Gratii.
8. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Gratii and/or its licensors, and is protected by applicable intellectual property and other federal laws, including but not limited to United States federal copyright laws, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service and/or Products may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service and/or Products, in any manner, and you shall not exploit the Service and/or Products in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Gratii Content or Other Materials. Notwithstanding any other provision of this Agreement, Gratii and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Gratii be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Gratii may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service and/or Products, including but not limited to, the Gratii Mobile Application (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by Gratii and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Gratii, the Gratii logo, and other Gratii trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Gratii. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks or any use of such trademarks.
a. Termination by Gratii. If you fail, or Gratii suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Gratii with a valid credit card or with accurate and complete registration data, failure to safeguard your Account information, violation of the usage rules or any license or infringement or other violation of third parties' rights, Gratii, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Gratii reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Gratii will not be liable to you or to any third party should it exercise such rights.
10. General Compliance with Laws. The Service is controlled and operated by Gratii from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
11. Enforcement of These Terms. Gratii reserves the right to takes steps Gratii believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Gratii's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Gratii has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Gratii believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Gratii's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
12. No Responsibility for Third-Party Materials or Web Sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Gratii may provide links to certain third-party Web sites. You acknowledge and agree that Gratii is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Gratii does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Gratii is not in any way responsible for any such use by you.
13. Disclaimer of Warranties; Liability Limitations.
a. GRATII DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GRATII MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY GRATII) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL GRATII, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GRATII'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. GRATII SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND GRATII HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. GRATII DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GRATII DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE. AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED THAT ARE STORED IN YOUR SYSTEM.
14. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD GRATII, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY GRATII AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GRATII, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GRATII'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
15. Changes. Gratii reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Gratii Mobile Application will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
16. Notices. Gratii may send you notice with respect to the Service by sending an email message to the email address listed in your Gratii Account contact information, or by sending a letter via postal mail to the contact address listed in your Gratii Account contact information. Notices shall become effective immediately.
17. Governing Law. The laws of the State of Florida, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Gratii relating in any way to your use of the Service resides in the courts of the State of Florida.
18. Miscellaneous. These Terms of Service constitute the entire agreement between you and Gratii and govern your use of the Service, superseding any prior agreements between you and Gratii. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Gratii's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Gratii will not be responsible for failures to fulfill any obligations due to causes beyond its control.
19. Rules of Gratii. One account per person. Gratii has the right to ban or penalize any account, with or with warning if it suspects suspicious activity in an attempt to gain an unfair advantage in winning prizes. This includes, but is not limited to: Multiple accounts, false profile information, multiple social media accounts. Gratii has the right to withold delivery of prizes won with or without warning if it suspects suspicious activity. Suspicious activity includes anything Gratii administrators deems an action taken by a person, persons, entity, or software in attempt to gain an unfair advantage in the Gratii system. Gratii holds the right to ban or penelize an account for any activity it deems as innapropriate or causing a disturbance to other users and/or administrators.
20. No Guarantee of Delivery For Gratii Prizes. Gratii does not guarantee the delivery of free prizes won in the Gratii system. Gratii is not responsible for shipments lost in the mail. Gratii has the right to withold delivery of prizes to any user with or without warning if it suspects activity violating section 19.
21. Conversion of Gratii Points to Real World Currency Prohibited. At no point is a person allowed to exchange, or attempt to exchange Gratii points for real world currency or vice versa, either within or outside of the Gratii system. Gratii is a point system to be used solely within the Gratii system as a free, virtual point system, and in no way is it meant to replace or hold any sort of real world value outside of this platform. A player may never attempt to exchange Gratii for real world or virtual world merchandise outside of the items offered in this platform by Gratii administrators.
Thank you for taking the time to read and comply with these Terms of Service. It is our goal to provide you with a first class user experience, so if you have any questions or comments as it pertains to these Terms of Service, please contact us at email@example.com.