Grazr.com Terms of Service
By using the Grazr.com ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not wish to agree to the outlined Terms of Service, you must stop using the Service.
Grazr Corp. reserves the right to make any changes to our Terms of Service as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Service from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Service and you continue to use our Service, you are impliedly agreeing to the Terms of Service expressed herein. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.grazr.com/info/tos.html.
Violation of any of the terms below will result in the termination of your Account. While Grazr Corp prohibits such conduct and Content on the Service, you understand and agree that Grazr Corp cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Grazr Corp cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paid accounts. Free accounts are not required to provide a credit card number.
- If you initially sign up for a Personal, Professional or Business account, and you don't cancel that account within 30 days, you will be billed starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
- Monthly payment plans will be billed at the end of each monthly billing period on the anniversary of the first payment.
- An upgrade from a free account to any paid plan will end your free trial. You will be billed for your first payment period immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of features, or capacity of your Account. Grazr Corp does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings button in the menu bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you will have paid for the current month, but you won't be charged again after that.
- Grazr Corp, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Grazr Corp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Grazr Corp reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Grazr Corp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
- Grazr Corp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile, materials created with the Service, and materials uploaded to the Service remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. By posting Content on or through the Service, you shall be deemed to have granted Grazr Corp., the Service and users of the Site a royalty-free, non-exclusive license to use, reproduce, and display the Content.
- Grazr Corp does not pre-screen Content, but Grazr Corp and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright © 2006 - 2008 Grazr Corp. All rights reserved.
- You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Grazr Corp.
General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- You understand that Grazr Corp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Grazr Corp service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Grazr Corp.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Grazr Corp) of other Service customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Grazr Corp does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Grazr Corp shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Grazr Corp has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Grazr Corp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Grazr Corp and govern your use of the Service, superceding any prior agreements between you and Grazr Corp (including, but not limited to, any prior versions of the Terms of Service).
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Boston, Massachusetts, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Questions about the Terms of Service should be sent to .
