Last Modified: January 1, 2021
Welcome, and thanks for using Gravatate.com and/or other Gravatate services and apps. When you use the Gravatate website, products, services, and apps (collectively, the “Services”), you’re agreeing to our terms, so please take a few minutes to read over this User Agreement and related terms below. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.gravatate.com, including any content, functionality and services offered on or through www.gravatate.com (“Website“), whether as a guest or a registered user.
PLEASE NOTE THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
Acceptance Of Terms
BEFORE YOU CHECK THE BOX AND CLICK ON THE “CREATE ACCOUNT” OR “LOG IN” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. BY CLICKING ON THE “CREATE ACCOUNT” OR “LOG IN” BUTTON OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, DO NOT CLICK THE “CREATE ACCOUNT” OR “LOG IN” BUTTON; IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT YOU WILL NOT BE PERMITTED TO USE OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS USER AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE USE OF THIS WEBSITE AFTER THE DATE OF SUCH CHANGES.
Becoming a Member and Obtaining an Account
Before you can begin use of this Website and/or our Services, you must register as a member through the Website and obtain an account (“Account“). By registering as a member through the Website and signing up for certain free or in the case of paid offerings, you give us permission to save your credit card information and to use that information to charge your card every month for your selected paid offering monthly subscription (options to prepay for a certain timeframe is also available). You must be thirteen (13) years of age or older to register as a member and use the Services. Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise terminated under these terms and conditions. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any Services or Material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.
Intellectual Property; Limited License to Users
In addition to the Materials and Services offered by Gravatate, this Website may also make available materials, information, products and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold Gravatate responsible or liable with respect to the Third Party Services or seek to do so.
The trademarks, logos, and service marks, including “Gravatate” (the “Marks”) displayed on this Website are the property of Gravatate or other third parties. You are not permitted to use the Marks without the prior written consent of Gravatate or such third party that may own the Marks.
License to Gravatate for User Contributions
By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, perpetual, royalty-free, non-exclusive license to, use, publically display and present such content, and to modify, compile, perform, reproduce, sell, license, distribute and otherwise disclose to third parties any such material for any purpose, in its original form or as any derivative of such User Contributions, without payment or royalty to you or anyone else.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Contributions or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to us at firstname.lastname@example.org.
In using the Website, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other users use or enjoyment of the Website or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files or functions; and (iii) not to disrupt or interfere with the security or privacy of, or otherwise cause harm to, the Website, or any Services, Materials, system resources, servers, or networks connected to or accessible through the Website or any linked sites.
Managing Content And Communications
Gravatate reserves the right, in its sole discretion, to delete or remove User Contributions from the Website and to restrict, suspend, or terminate your subscription and access to all or part of this Website, at any time without prior notice or liability. We reserve the right to pursue all reasonable redress including full compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized use of this Website. Gravatate may, but is not obligated to, monitor or review any areas on the Website where users and members transmit or post User Contributions. To the maximum extent permitted by law, we will have no liability related to User Contributions. However, we do not undertake to review all material or User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Contributions. Since we do not control the User Contributions posted on the Website we cannot and do not guarantee the accuracy, integrity or quality of such User Contributions. We take no responsibility whatsoever with respect to the accuracy or integrity of any User Contributions, including reviews and recommendations, made available on the Website. More specifically, our users may upload reviews or comments concerning the Services or the Materials we make available on or through the Website. Any such opinions or advice are those of the respective authors and not of Gravatate. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS GRAVATATE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRAVATATE/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE GRAVATATE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Local Laws, Rules & Regulations
Disclaimers of Warranties
The Materials and Services (including the Products provided under the Service or Purchased through the Website) are provided “AS IS“; Gravatate makes no representations or warranties of any kind with respect to the Services, Materials, the Website, or any contents therein. We assume no liability or responsibility for any errors or omissions in providing the Materials and Services, any failures, delays, or interruptions in the Services, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Gravatate, or any conduct by users of the Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, THE MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE MATERIALS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GRAVATATE NOR ANY PERSON ASSOCIATED WITH GRAVATATE™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GRAVATATE NOR ANYONE ASSOCIATED WITH GRAVATATE™ REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
GRAVATATE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE SERVICE, THE MATERIALS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, GRAVATATE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE WEBSITE OR THROUGH THE SERVICE IS COMPLETE OR CURRENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. GRAVATATE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
IN NO EVENT WILL GRAVATATE, ITS AFFILIATES, SUPPLIERS AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, ATTORNEYS, AFFILIATES, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Services or the Website for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access to the Services or the Website may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information.
Governing Law, Jurisdiction, Venue and Arbitration
THIS USER AGREEMENT IS GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF DELAWARE. BY ACCEPTING THIS USER AGREEMENT AND USING THE SERVICES, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN FAIRFAX COUNTY, VIRGINIA, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY GRAVATATE TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT GRAVATATE FROM THEFT OR FRAUD.
Any other controversy or claim arising out of or relating to this User Agreement, the Services, the Materials, or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fairfax County, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Delaware law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Gravatate, Inc., located at 11710 Plaza America Drive, Suite 2000, Reston, Virginia 20190. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to Gravatate via email to: email@example.com.
Thank you for visiting the Website.