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TERMS OF USE

1. TERMS OF USE AND ACCEPTANCE

1.1 This document (“Terms of Use”) sets the rules, limits, definitions, rights, obligations and other relevant matters regarding your access or use to GRANSPOT, including any of its applications, websites, content, products and services. Please take your time to carefully read and understand this document, as it constitutes a legal agreement between you and GRANSPOT. In the next sections, clauses or lines, the expression “GRANSPOT” will refer and will apply to any and everything related to the relevant website, platform, mobile application and its related services, products etc.

1.2 If you or anyone need to contact GRANSPOT, please use the following email: contact@granspot.com.

1.2 Any use of or participation in this website, platform, mobile application and/or related services will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this website, platform, mobile application and its related services – and if you do, lack of agreement allegations won’t be accepted and won’t have any legal value.

1.2 By accessing, registering and/or using this website, platform, mobile applications and/or services, you freely and automatically accept and agree to be bound by the terms of this document. When using this website’s or platform’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. Such guidelines or rules are listed on this document, which will be updated if modified, and will always be accessible by the User.

1.2 Supplemental documents or rules, which will constitute part of these Terms of Use, may apply to certain GRANSPOT’s services or products (such as policies for a particular functionality, program, promotion etc.) and consent will be required prior to its launch. Supplemental terms shall prevail over these Terms of Use in the event of a conflict, confusion or ambiguity when reading the documents.

1.2 These Terms of Use may be amended or updated from time to time and the newer terms will be effective upon the publication of the document or an specific date set by GRANSPOT, and you will be granted prior access to it. In any case, you agree to only continue accessing and/or using GRANSPOT after such updates if you actually consent with the new terms – and, if you don’t, you must stop any kind of use or access to GRANSPOT before the updated version is effective.

1.2 We reserve the right to modify or terminate GRANSPOT’s service or your access to the its service for any reason, without notice, at any time and without previous notification; if we terminate your access to GRANSPOT your account, your photos, comments, likes, friends and all other data will no longer be accessible through your account, but those materials and data may remain and appear within the service (for example, if your content has been redistributed by others).

2. REGISTRATION, ACCESS AND USE OF GRANSPOT

2.3.2. DAMAGES – While GRANSPOT is not responsible for any loss caused to you by unauthorized use of your account, you may be held liable for the losses of GRANSPOT or others arising from such unauthorized or unlawful use, or any other misuse of the account and/or the platform.

3. GRANSPOT SERVICES AND PLATFORM

3.1. GRANSPOT – GRANSPOT is an online social media platform where users are able of freely tagging another users on images, which automatically submits the image to the approval of the tagged user; if approved by the tagged user, the image is automatically published on the tagged user’s album, while the identity of the publisher will be made public; “BUDDYS” won’t require previous approval in order to publish images on the tagged user’s album; if active, the “ANONYMOUS MODE” will make it possible for any user to anonymously submit an image to approval of the tagged user.

3.1.1. GRANSPOT must only be interpreted as a provider of technologies, not a provider of content or media; Only the respective users are responsible for the content published on GRANSPOT;

3.1.2. GRANSPOT reserves the right to freely and at any time modify the functionalities, services, products and rules related to its platform, website and/or application.

3.2. PERSONAL IMAGE RISKS – By using GRANSPOT and accepting these Terms of Service, you automatically recognize and agree that any user of GRANSPOT is authorized to publish or submit content (such as text, audio, image and video) having other users (including you) as subject; You agree that using GRANSPOT might create unpredictable consequences and risks to your, other users and third-parties privacy and other rights; Such content will be made worldwide publicly accessible to other users and third-parties; Users are solely responsible for their actions and GRANSPOT will not be held accountable for user actions; If you do not wish to be involved in this kind of activity, please do not use any of GRANSPOT services, platforms, websites, applications etc.

3.3. STALKER – A “STALKER” is an user that deliberately decides to follow another user, having full access to every image published on the followed user’s album; any user is allowed to “follow” any other user.

3.4. STALKING – The list of users that a specific user follows will be displayed publicly as “STALKING”; any user is allowed to “follow” any other user.

3.5. FLASHES – Similar to a “like button”, any user can give “FLASHES” to a specific image, which will increase the social status of the user that originally published the “flashed” image.

3.6. ANONYMOUS MODE – If activated, the “ANONYMOUS MODE” allows any user to anonymously tag another user to an image, which will only be published if approved by the tagged user.

3.6.1. The “ANONYMOUS MODE” will only be available to the user that deliberately activates it on the platform’s configurations;

3.6.2. If the “ANONYMOUS MODE” is not “activated”, the user will not be able of anonymously tagging another user in images, as well as other users will not be able of anonymously tagging the user;

3.6.3. The identity of the user might be disclosed in the case of misuse of the “ANYNYMOUS MODE”, without prior notice.

3.7. BUDDY – A user authorized by another user to publish images tagging the respective user without any additional approval; the image will be automatically published on the tagged user’s album.

3.7.1. An user will only become “BUDDY” with another user after both users accept themselves as a “BUDDY”;

3.7.2. By accepting another user as a “BUDDY”, you, as the acceptor, will automatically issue a preliminary authorization for the other user to publish images of yourself or related to you without any further authorization or approval;

3.7.3. The act of tagging a BUDDY in an image will automatically publish the respective image on the tagged user’s album, making both image and its publisher visible for every other user following or accessing the tagged user’s profile;

3.7.4. The published image will be displayed for 24 hours, being automatically deleted after that period has expired – unless the tagged user decides to approve it as a permanent image in his/her album;

3.7.5. A published image can only be deleted by the user that originally posted it - which means that, when tagged on an image by a BUDDY, the tagged user will not be able of excluding or deleting the image;

3.7.6. Accepting another user as a “BUDDY” may result in consequences that are outside the scope of intention, responsibility, will and power of yours and/or GRANSPORTs and, for that reason, you declare yourself aware of the following facts and undertake to act accordingly: a) One must be wise, prudent and diligent when accepting other users as “BUDDY”; b) You are completely responsible for the automatic authorization that follows the acceptance of another user as a “BUDDY”; c) GRANSPOT does not have any responsibility or participation on any kind of damage suffered by you as a consequence of the act of another BUDDY.

4. USER CONDUCT, RESPONSABILITIS AND OBLIGATIONS; PROHIBITED ACTIVITIES

4.1. USER RESPONSIBILITY AND CONDUCT – You are solely responsible for the content published on GRANSPOT and for the consequences of submitting or posting it; You are prohibited of publishing, posting or submitting any kind of content that disrespects these Terms of Use, the law, the morals and/or the good manners; When posting or submitting content, you automatically affirm that you have the necessary licenses, rights, authorizations and permissions to post the Content you submit.

4.2. EXPOSITION CONTENT AND ACTIVITIES – By using GRANSPOT you will be exposed to content from various sources, and that content may be inaccurate, offensive, indecent, illegal, objectionable etc.; GRANSPOT will not be responsible for the accuracy, usefulness, security or intellectual property of or relating to such Content; You waive any rights to prosecute GRANSPOT and agree to hold harmless GRANSPOT, its owners, operators, affiliates, licensors and licensees, to the maximum extent permitted by law, in relation to any damage you might suffer from the activities or content published by other users.

4.3. PROHIBITED ACTIVITIES AND CONTENT REMOVAL – GRANSPOT does not allow activities that violate any rights of third parties; GRANSPOT will remove all content when duly notified that such content infringes the rights of third parties; GRANSPOT reserves the right to remove any content without prior notice; any of the following activities are absolutely prohibited:

4.3.1. Defame, persecute, bully, abuse, harass, threaten, intimidate users, third parties or GRANSPOT;

4.3.2. Publish photos or other content that suggest violence, nudity, partial nudity, discrimination, illegal acts, transgressions, hate, pornography, or sex;

4.3.3. Use GRANSPOT for any unlawful or unauthorized purpose or disobey applicable laws, rules and regulations (eg, federal, state, and local);

4.3.4. Pretend to be persons or entities;

4.3.5. Publish private or confidential information through GRANSPOT, (including, but not limited to, financial information, official documents, telephone numbers, addresses, etc.)

4.3.6. Access, adulterate or use non-public areas of the platform, computer systems, technical delivery systems or technology providers, as well as probing, examining or testing the vulnerabilities of any system or network, or violating or neutralizing any security or authentication measures;

4.3.7. Interfere or interrupt the GRANSPOT’s service, servers or networks using worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;

4.3.8. Insert content or code or otherwise alter or interfere with the way any GRANSPOT is rendered or displayed on a user's browser or device;

4.3.9. Attempt to prevent another user from using GRANSPOT, encourage or facilitate violations of these Terms of Use or any other laws or rules applicable.

4.4. LIABILITY – GRANSPOT expressly renounces any liability related with content published by third parties and/or users of the platform; GRANSPOT does not endorse any published content or activity perpetrated by any user, nor any opinions, recommendations or advice expressed therein; Only those who primarily gave cause to illegalities or injurious acts should be held liable for possible damages.

4.4.1. GRANSPOT is not responsible for any content posted or published by third parties and other users; GRANSPOT has no obligation to pre-select, monitor, edit or remove any Content; If your content violates these Terms of Use or any law, you may be legally responsible for such content.

5. USER CONTENT AND IMAGE RIGHTS OR PROPERTY

5.1. USER PROHIBITIONS – All users are completely prohibited of taking any of the following actions:

5.1.1. Extract, remove, reverse engineer and/or use any part of GRANSPOT’s copyright, trademark or other intellectual property;

5.1.2. Attempt to have unauthorized access to, try to use or use any aspect of GRANSPOT’s services and technologies;

5.1.3. Publish or submit copyrighted material, trade secret and/or other third party’s rights, unless you are legally authorized by the lawful owner to publish the material.

5.2. USER INTELLECTUAL PROPERTY – All users retain all proprietary rights (image rights included) to their content while publishing it on GRANSNPOT – however, at the same time, since the proprietary and image rights are published on the platform, all users of GRANSPOT’s services are granted a non-exclusive license to access your content through the Service.

5.2.1. By submitting or publishing any content on any of GRANSPOT’s services, you hereby automatically grant to GRANSPOT (and its successors and affiliates) a worldwide, non-exclusive, royalty-free, sublicensable, permanent, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works, display and monetize the published content, without any compensation or payment to the original owner – however, you will still retain all of the mentioned proprietary and image rights, along with GRANSPOT.

6. ACCOUNT SUSPENSION/TERMINATION; CONTENT REMOVAL; REPORTING BAD ACTIVITY

6.1. CONTENT REMOVAL – If you violate the text or intent of these Terms of Use, or otherwise create risk or possible legal exposure to GRANSPOT, its users and/or third parties; in any situation and at its sole discretion, GRAINSPOT reserves the right to decide whether or not to conduct an investigation on users actions; regardless of the nature of the infringement, GRAINSPOT is free to decide if the conduct is appropriate and/or complies with these Terms of Use, as well to decide which of the following actions to take:

6.1.1. SUSPENSION – In cases of minor relevance and during our investigation, User may be suspended for an indefinite period;

6.1.2. TERMINATION – We may permanently discontinue providing the service, in whole or in part, to you, without prior notice;

6.1.3. CONTENT REMOVAL – GRAINSPOT may at any time, without prior notice and in its sole discretion, remove such content and/or cancel a User account for violating the Terms of Use, law or third-party rights.

6.2. REPORT BAD ACTIVITY – If you or anyone have any notice of the fact that someone is having his/her rights infringed, please don’t hesitate to follow on reporting it to GRANSPOT through the official email; be aware that, considering the widespread presence of online media and internet based services, it may take a while until you have any response or any action addressing the reported activities is taken.

7. LIMITATION OF LIABILITY

7.1. LIMITATION OF LIABILITY – By using any of GRANSPOT’s services, you agree to take full responsibility for your decision and declare yourself fully aware of the risks involved in the use of the platform, waiving any rights to hold GRANSPOT responsible for it; GRANSPOT, its executives, employees, representatives and subsidiaries do not take any responsibility or indemnity obligation in relation to the acts of any user of the platform and to the damages that you may suffer while using it, including losses or damages due to:

7.1.1. Content or conduct of any third party that might be interpreted as offensive, defamatory or illegal, as well as errors, mistakes or inaccuracies of content published by GRANSPOT;

7.1.2. Disclosure by third parties and/or other users of content that infringes your image rights, your honor or your privacy;

7.1.3. Any unauthorized access or use of our protected servers or stored personal or financial information, as well as any bugs, viruses, Trojan-horses or other, which may be transmitted to or through our service by any third party;

7.1.4. Interruption of the platform’s services, operation or availability, as well as malfunctioning or errors related to its services.

7.2. USER RESPONSIBILITIES – To the extent permitted by applicable law, you agree to defend, indemnify and hold GRANSPOT harmless from any and all claims related to damages, liabilities, losses or costs arising from the use and access to GRANSPOT services, breach of any provision of these Terms of Service, infringement of any third-party’s rights or any claim that any content or conduct has caused damage to any user or third party.