GNAZZ, LLC TERMS OF SERVICE

These Terms of Service, including any additional terms and conditions that are referenced herein or presented elsewhere on the Site (defined below) generally or in relation to a specific service or feature (collectively, the “Terms” and/or “Agreement”) and the Privacy Policy set forth the terms and conditions that apply to your use of the Site. GNAZZ, LLC, a limited liability company with its principal office located at 8325 NE 2nd Avenue, Suite 106, Miami, FL 33138, is the owner of the website “www.gnazz.com” and “www.gnz.me” and all rights therein and associated therewith, including, but not limited to, the copyrights and trademarks (hereinafter, individually and collectively, the “Site”).Your access to the Site is subject to these Terms, and by using this Site, you agree to follow and be bound by the Terms, and further agree to comply with all applicable laws and regulations, including the United States and Florida laws. In these Terms, the words “you” and “your” refer to each customer, Site visitor or user. “We”, “us” and “our” refers to GNAZZ, LLC, and “Services” refers to all services provided by us on the Site.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO A CONTRACT. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us. You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Changes to Terms: It is your responsibility to review the Terms periodically. If you do not agree to the Terms, do not use this Site. We may modify these Terms at any time without notice to you, and such modifications, additions or deletions shall be effective immediately upon posting.

Changes to Site: We may change or discontinue any aspect, service or feature of the Site, including, but not limited to, the content, availability, and equipment needed to access or use the Site, at any time and without notice. If you have any questions about these Terms, please contact us.

Monitoring: We shall have the right, but not the obligation, to monitor your or other users’ use of the Site to determine compliance with the Terms and to satisfy any law, regulation, or authorized government request. We may share personally identifiable information in response to a law enforcement agency’s request, or where we deem, in our sole discretion, that is necessary or otherwise required by law.

Safe Use: You also agree not to use the Site to violate any applicable law, rule, or regulation, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the Site you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, GNAZZ, LLC disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Site and/or Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the Site, you release us from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Sharing Your Information
For content that is covered by intellectual property rights, like photos, and videos (“IP Content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Site and/or Services (“IP License”). This IP License ends when you delete your IP Content or your account, unless your content has been shared with others, and they have not deleted it.

When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in copies for a reasonable period of time (but will not be available to others) for backup, audit, or archival purposes.

Safety: We do our best to keep the Site safe, but we cannot guarantee it. We need your help to keep the Site safe, which includes the following commitments by you:

  • You will not post unauthorized commercial communications (such as spam) on the Site.
  • You will not collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our 
prior permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the 
Site.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post or otherwise use the Site to disseminate content that: is hate speech, threatening, or pornographic; incites violence, or contains nudity or graphic or gratuitous violence.
  • You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other Site functionality.
  • You will not facilitate or encourage any violations of these Terms or our policies.

Your Content & Your Permissions: When you use our Site and/or Services, you may choose to provide us with your files, content, messages, contacts, and other materials and/or data, which may include, but is not limited to, the IP Content, (“Your Content”). You retain all rights in and are solely responsible for, Your Content that you post on the Site or use in conjunction with the Services.

You hereby grant us and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, and perform Your Content on the Site. Additionally, you may elect, through your account set up, to grant further or similar rights to us and/or the other users of the Site. We need your permission to do things like host Your Content, backing it up and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, previews, commenting, sharing, and searching. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Sharing Your Content: Our Services let you share Your Content with others, so please think carefully about what you share.

Copyright: We respect the intellectual property of others and ask our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
GNAZZ, LLC
8325 NE 2nd Avenue
Suite 106
Miami, FL 33138

Ownership: This Site is owned and operated by GNAZZ, LLC. All right, title and interest in and to the materials provided on this Site by us, including, but not limited to, information, documents, logos, graphics, sounds, images, audiovisual works, and the intellectual property rights therein, including, without limitation, copyright and trademark (the “Materials”) are owned by us. “GNAZZ” and “GNAZZ Circles Logo” are trademarks and are the exclusive property of GNAZZ, LLC. Except as otherwise expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by us. We reserve the right to terminate your account at any time, with or without prior notice first being given to you.

DISCLAIMER OF WARRANTY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS ;(B) THE SITE, SERVICES OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE MATERIALS OR SERVICES WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS OR SERVICES THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Indemnification: You agree to defend, indemnify and hold us harmless from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and court costs, that arise out of or are related to your use of the Site.

Interpretation: These Terms were written in English (U.S.). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

Statement of Rights and Responsibilities: These Terms govern our relationship with you and others who interact with the Site as well as other products and services (our “Services”), if any. By using or accessing the Site or our Services, you agree to these Terms, as updated from time to time.

Privacy: Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the Site and how we collect and can use the content and information you share with us. We encourage you to read the Privacy Policy and to use it to help you make informed decisions.

Third-Party Content: Our Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of any third-party on the Site.

Mobile and Other Devices: We currently provide our Site for free, but please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.

Termination
If in our sole discretion, you violate the letter or spirit of these Terms or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Site to you.

Disputes
You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or the Site exclusively in the U.S. District Court for the Southern District of Florida or a state court located in Miami-Dade County, Florida, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida will govern these Terms, as well as any other claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on the Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on the Site and are not responsible for the content or information users transmit or share on the Site. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content or information you may encounter on the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site.

Miscellaneous
The Terms and Privacy Policy constitute the entire agreement between you and us, and supersede all previous written or verbal agreements between you and us with respect to the subject matter herein. If any portion of these Terms is found to be unenforceable, the remaining portions will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. These Terms shall be deemed a joint work product of you and us, and may not be construed against either party by reason of its/his/her preparation or word processing. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. The section headings contained herein are for convenience only, and shall not impact the meaning or effect on the content of the Terms.

If you access the Site from outside the United States, you accept full responsibility for compliance with local laws.

Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent. 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.

Nothing in these Terms shall prevent us from complying with the law.

These Terms do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing the Site.