THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Who We Are.
See the “Contact Information” below if you have any questions about obtaining such licenses. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Gynzy.com. Any rights not expressly granted herein are reserved by Gynzy Inc.
(i) Supply the information requested in the registration process;
(ii) Ensure that all the information you supply is accurate; and
(iii) Update your personal information.
You are entirely responsible for keeping your password confidential. You may not use a third party’s account, user name or password at any time. You agree to immediately contact Gynzy.com in writing regarding any unauthorized use of your account, user name or password. Gynzy.com shall not be liable for any losses you may suffer as a result of someone else’s use of your account or password, either with or without your knowledge.
Additionally, you grant Gynzy.com a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features.
3. Limited Permission to Download.
Gynzy Inc. hereby authorizes you to download, view, copy and print the Materials found on Gynzy.com on any single, stand-alone computer solely for your personal, informational, and internal business use under the following conditions:
(i) The copyright and trademark notice appearing below must appear in such Materials,
(ii) The Materials are not used on any other Web site nor in a networked computer environment, and
(iii) The Materials are not modified in any way.
4. Links to Third Party Sites.
This Site may contain links to Web sites controlled by parties not owned or operated by us (each a “Third Party Site”). We may work with a number of partners and affiliates whose sites are linked with ours. Both Gynzy.com and Gynzy Inc. are not responsible or liable, directly or indirectly, for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. Gynzy.com makes no guarantee regarding the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site.
These links are provided only as a convenience. The inclusion of any link does not imply that we necessarily support or agree with the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither Gynzy.com nor Gynzy Inc. are responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the relevant Third Party Site Administrator if you have any concerns regarding such links or their respective content.
Where possible, we have enabled the maximum parental control mechanisms/filters in links to those Third Party Sites that allow us to do so (e.g., YouTube.com, Google.com). Notwithstanding the foregoing, by using this Site you agree that we do not control any Third Party Sites and make no warranty as to the contents of those Third Party Sites.
4.1 YouTube application
Gynzy offers the ability to make use of the YouTube application within its product. By making use of the YouTube application, the user indicates their agreement to be bound by the terms of service of YouTube. The terms of service for YouTube are available at:https://www.youtube.com/t/terms.
5. How We Treat User Content.
5.1. Rights and Responsibilities of Gynzy.com.
Gynzy.com respects the intellectual property of others, and we ask our users to do the same. The accounts of those suspected to be repeat infringers may be disabled and/or terminated in appropriate circumstances. Such decision is within our sole discretion.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
228 East 45th Street
New York, NY 10017
Gynzy.com is not the publisher or author of the User Content. We do not pre-screen works or require prior approval before they are posted.
We disclaim all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, Gynzy.com takes reasonable steps to keep our services safe and secure. If you have reason to believe system security has been violated, contact us by e-mail at email@example.com for help. If our technical staff finds that a member’s files or processes pose a threat to the proper technical operation of the system or to the security of other members, we reserve the right to delete those files or to stop those processes. If our technical staff suspects that a user name is used by an improper user, that user’s access may be disabled in order to preserve system security. In all such cases, Gynzy.com will contact the member as soon as feasible. We have the right, in our sole and absolute discretion, to:
(i) Edit, redact or otherwise change any User Content;
(ii) Re-categorize any User Content to place it in a more appropriate location; or
We reserve the right to refuse service to anyone and to cancel user access at any time.
5.2. Rights and Responsibilities of Gynzy.com Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any of our Services. In posting User Content, you agree to honor the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose to renounce such rights expressly.
Because the jurisdiction law as to online systems is unsettled, we urge you to consider the possible effect of laws outside Gynzy.com’s locality or your own residence. Gynzy.com is open to members worldwide (and works published on the World Wide Web are accessible to anyone on the Internet). We cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting.
You agree not to use the Site in any way that could damage, disable, or impair any Services provided by Gynzy.com (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
5.3. Your Rights and Responsibilities as a Gynzy.com User and Reader of User Content.
Providing your real name is required to sign up as a user of Gynzy.com. Anonymous or pseudonymous accounts are not allowed. Sharing your account login information (e.g., username and password) is also strictly prohibited. Any violation of these rules will result in the termination of your account.
Gynzy.com is not legally responsible for your behavior or that of other users. Your access to other users’ postings, as User Content, is for your personal use only. If you want to redistribute postings found as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
6. No Warranty.
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GYNZY.COM EXPRESSLY DISCLAIMS 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.
GYNZY.COM MAKES NO WARRANTY THAT:
(A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE SITE OR THE 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 MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK. GYNZY.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. Limitation of Liability.
IN NO EVENT SHALL GYNZY.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF GYNZY.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF GYNZY.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
7. Limitation of Liability.
You agree to defend, indemnify and hold harmless Gynzy.com, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions.
Except as may be required in connection with your use of our Services, Gynzy.com does not want you to submit confidential or proprietary information to us through this Site. You agree that all comments, feedback, information or material submitted to Gynzy.com through or in association with this Site shall be considered non-confidential. By providing such submissions to Gynzy.com you grant Gynzy.com a license to use, reprint, distribute, modify and create derivative works, which will be owned by Gynzy.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
10. Compliance with Intellectual Property Laws.
When accessing the Site or using our Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Gynzy.com user account.
If you believe that any content on the Site is infringing on your copyright, you may seek the removal of such content by telling us about it as provided in the Notice and Take Down provisions of the Digital Millennium Copyright Act as described above in Section 5.1.
11. Inappropriate Content.
When accessing the Site or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(i) Is libelous, defamatory, obscene, pornographic, abusive or threatening;
(ii) Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
(iii) Advertises or otherwise solicits funds or is a solicitation for goods or services.
12. Ineligibility of Certain Users.
This Site is ineligible for users under thirteen (13) years of age without verifiable parental consent. If you are less than thirteen (13) years of age, please do not submit any personal information.
13. ARBITRATION AGREEMENT
Gynzy.com and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(i) Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(ii) Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
(iii) Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(iv) Claims that may arise after the termination of this agreement.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.
Notwithstanding any provision in this agreement to the contrary, we agree that if Gynzy.com makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a registered user of our Site, you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
YOU AND GYNZY.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND GYNZY.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
For any claim related to this agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding nonappearance-based arbitration. In such an event, the arbitration shall be conducted at the option of the party seeking relief, by telephone, online or based solely on written submissions. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14. Governing Law; Venue.
If for any reason, the foregoing Arbitration Agreement shall not apply, by using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with New York State law, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of New York, County of New York. You and Gynzy.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2013, Gynzy Inc., ALL RIGHTS RESERVED.
GYNZY, Gynzy.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Gynzy.com. All other trademarks, product names and company names or logos mentioned in the preceding sentence are the property of their respective owners.
17. Account Termination.
You may terminate your Gynzy.com account at any time by doing so in your account settings. Any Free Trial accounts will be automatically terminated upon the expiration of the Free Trial period if not extended by your registration of a pay account. Any pay account will be frozen for use upon the accrual of any outstanding balance for use of that account. Frozen accounts may be terminated by us, at our sole discretion, within thirty (30) days of the accrual of any outstanding balance for use of that account. As described in Section 5 above, any User Content associated with a terminated account may be permanently deleted at our sole discretion.
BY USING OUR SERVICES OR ACCESSING THE GYNZY.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.