Use of Web Site Information
The content, organization, graphics, design, technical development, widgets, code, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for informational purposes, and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, port, transmit or distribute any information from this Web site in whole or in part without the express authorization of Grandyo. The use of Challenge Platform is subject to Grandyo “Challenge Platform Terms of Service”.
Restrictions on Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Grandyo. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All right, title and interest not expressly granted are reserved.
Passwords and Security
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Grandyo immediately of any unauthorized use of your password(s). Grandyo is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
Third Party Web Sites, Content, Products and Services
The Site provides links to Web site and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors on the Site. You agree that Grandyo is not responsible for the availability of, and content provided on third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Grandyo is not responsible the third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Grandyo is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of the products or services and warranty obligations related to purchased products or services. You agree that Grandyo is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionally or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Except where expressly provided otherwise, the site, and all content, materials, documents, information, software, products and services provided on the site,a re provided on an “as is” and “as available” basis. Grandyo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Grandyo makes no warranty that: (a) the site will meet your requirements; (b) the site 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 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 will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. Grandyo 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.
Grandyo reserves the right to make changes or updates to the site at any time without notice.
Limitation of liability
In no event shall Grandyo be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss or profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site.
Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless Grandyo, its officers, directors, 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.
Export Restrictions / Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of any export laws or regulations, or in violation of any other applicable laws or regulations.
All matters relating to your access to, and use of, the Site shall be governed by The Spanish Law. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in the court of Barcelona, Spain. You and Grandyo agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Terms of Service - Grandyo Art and Community
The Grandyo Art and Community is intended to be a vibrant community of gamers and marketers professionally and / or not professionally engaged with games, brands, and organizations.
We strive to create a positive and motivating experience for all Grandyo members. All members can make valuable contributions. We ask members to be considerate, respectful, and productive with their contributions as well as in their interactions with others in the community. Moreover, please resolve conflicts and differences of opinion with other members constructively. If you have questions on how to come to a resolution please ask Grandyo moderators for guidance.
Ask questions. Grandyo moderators will identify themselves clearly. If you prefer to send an email please contact firstname.lastname@example.org. Please use also community FAQ.
Note that use of this site is not intended to be a substitute for Grandyo Challenges. If you need help using Grandyo products, please send an email to Technical Support: email@example.com.
Please provide true, genuine, accurate, current, and complete information. If after investigation, Grandyo suspects that your information is untrue, plagiarized, inaccurate, not current or incomplete, Grandyo may suspend or terminate your account and prohibit any and all current or future use of Grandyo products. To be eligible to use the Grandyo Art and Community, you represent and warrant that you are 16 years of age or older. You also agree that you will not use our sites to take any of following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Post any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications aquipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a Grandyo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Engage in any illegal activities;
Disclose or solicit the private information of any person. You shall be responsible for the use by third parties of any personal information disclosed by you to the Grandyo Art and Community, whether or not such use was permitted by you. You agree to indemnify, defend and hold harmless Grandyo and Grandyo’s partners from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Grandyo and / or Partner in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of such disclosure, solicitation, or use.
Permitted Actions by Grandyo. Grandyo retains the right to take any of the following actions, in our sole discretion, at any time for any reason without prior notice:
Restrict, suspend, or terminate your access to all or any part of Grandyo Art and Community and Grandyo Challenges;
Change, suspend, or discontinue all or any part of Grandyo Art and Community;
Refuse, move, or remove any material that you submit to Grandyo Art and Community for any reason;
Refuse, move, or remove any content that is available on Grandyo Art and Community;
Establish general practices and limits concerning use of Grandyo Art and Community.
Grandyo will not be liable to you or any third party for taking of any of these actions.
Content Management. You agree to use Grandyo Art and Community only to send and receive information and materials that are proper and related to the content of Grandyo Art and Community. Please stay on topics that are relevant to community purpose. We will edit or remove any posting we consider to be a violation of the Terms or that we deem inappropriate.
User Contributions. Grandyo Art and Community is designed for you to contribute content and participate in discussion threads and other forums. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you make available on Grandyo Art and Community. You represent that you own all intellectual property rights in the materials you contribute. Grandyo shall have the right to retain and use comments, ideas, suggestions, data, or any other information you provide, for any purpose and without any further consent, notice, or compensation to you or to any third parties. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and publish the materials you contribute.
Copyright Violations. Grandyo’s policy is to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on Grandyo Art and Community in a way that constitutes copyright infringement, notify Grandyo’s copyright agent with the following information in writing:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing including the location on Grandyo Art and Community;
Your name, address, telephone number, and email address;
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;
A statement, made under penalty or perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Grandyo servers are located in the United States of America.
In case of claimed infringement under the Digital Millenium Copyright Act OF 1998 (“DMCA”):
After receiving a claim of infringement, Grandyo will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Grandyo will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.
No Warranty. We do not guarantee the accuracy, the integrity, or the quality of the content on Grandyo Art and Community, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any part of Grandyo Art and Community. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these. Terms or that is otherwise objectionable. All of the content provided in Grandyo Art and Community are provided as is and Grandyo does not represent that any of the content is reliable, accurate, complete, or otherwise valid. Accordingly, Grandyo, its suppliers and other participants contributing information to Grandyo Art and Community do not warrant that such information or the functions contained in any programs will meet your requirements or that the operation of any programs will be uninterrupted or error-free. The information is provided to you with no warranty of any kind, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability. In no event will Grandyo, its suppliers, or anyone else who has been involved in the creation, production, or delivery of the information of programs be liable for any direct, incidental or consequential damages, including without limitation, lost profits or lost data, that may arise out of your use of or failure to use the information or programs, even if Grandyo or such other participants have been advised of the possibility of such damages.
Release and Waiver. You hereby agree to release, and waive all claims against Grandyo, its suppliers or anyone else contributing to Grandyo Art and Community from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of Grandyo Art and Community.
Modifications of Terms. Grandyo shall have the right to modify the terms of this Agreement at any time, which modifications shall be effective immediately upon posting to Grandyo Art and Community.
Indemnification. You hereby agree to indemnify, defend and hold Grandyo and all of our officers, directors, employees, and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Grandyo Art and Community in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of your use of Grandyo Art and Community, the materials that you submit to Grandyo Art and Community, or your violation of the rights of any other person or entity. Grandyo will provide you with written notice of such claim, suit or action.
Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the “Tribunal Arbitral de Barcelona” (The Barcelona Arbitration Court). 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 Barcelona and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Grandyo may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Miscellaneous. This Agreement constitutes the entire agreement between Grandyo and you with respect to Grandyo Art and Community. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of Grandyo to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted with the laws of Spain.
Publish Date / Last Updated Date: 14062013 / 22102013 / 08082014/ 19052015/ 29032016 go to top
CHALLENGE PLATFORM TERMS OF SERVICE
PLEASE READ CAREFULLY THE FOLLOWING CHALLENGE PLATFORM TERMS OF SERVICES (HEREINAFTER, ToS). YOUR USE OF THE SERVICES DESCRIBED BELOW WILL IMPLY YOUR PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THESE ToS.
IF YOU DO NOT AGREE WITH THESE ToS DO NOT USE THE SERVICES.
THESE ToS FORM AN INTEGRAL PART OF GRANDYO´S TERMS AND CONDITIONS BY MEANS OF ACCESSING AND USING THE SERVICES, USERS AGREE TO BE BOUND BY THESE ToS AND GRANDYO´S TERMS AND CONDITIONS, TO SATISFY ALL ELIGIBILITY REQUIREMENTS AND TO HAVE THE AUTHORITY AND CAPACITY NECESSARY TO ACCEPT THESE ToS.
For the purpose of these ToS, the following terms shall have the meaning herein contained:
"Challenge" means a contest promoted and conducted by a Promoter and launched using the Platform, under Promoter’s sole authority, control and liability, in order to select one or more Content submitted by Creatives and appoint one or more winners among the participating Creatives.
“Platform” means the challenge platform operated by Grandyo, accessible via the Site.
"User" means the individual or legal entity that accesses the Site, registers itself, creates a Grandyo account and agrees to these ToS. Users could be Promoters (individuals or legal entities promoting the Challenge) and Creatives (individuals or legal entities participating within the Challenge and submitting Content to the Challenge).
“Content” means text, art works (e.g, designs, images, photos or logos), videos, software, music or any other original creation whose authorship belongs to the Creative and uploaded into the Platform, in a digital format.
“Submissions” means the submissions of Content for entering a Challenge.
“Prizes” means the sums paid to the Creatives selected as winners of a Challenge.
Grandyo operates a Platform providing the technical functionalities for Promoters launching a Promotion and Creatives submitting their Content. These ToS regulate the use of the Grandyo´s Platform which is accessible via the Site (hereafter, the Services). The Services are intended solely for adult Users that have legal capacity to understand and accept these ToS and to comply with the obligations contemplated herein.
3. ELIGIBILITY. REGISTRATION PROCESS.
The use of the Services requires prior registration by both Promoters and Creatives, creates a User account on Grandyo´s Site and agreeing to these ToS.
To be eligible to use the Services, Users must meet the following criteria and represent and warrant that: (1) They are of legal age to execute a binding contract and are not a person barred from using the Services under the laws of the applicable jurisdiction (in any event a minimum age of 18 years is required for being a User); (2) They are not currently restricted from using the Services, or not otherwise prohibited from having a Grandyo´s account; and (3) They agree to provide at their cost all equipment, software, and Internet access necessary to use the Services.
Users agree to: (1) (a) provide true, accurate, current and complete information about themselves as prompted by the Service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete; (2) keep their password secure and confidential; (3) not permit others to use their account, their ID and/or password; (4) refrain from using other Users’ accounts; (5) refrain from selling, trading or otherwise transferring their account to another party; and (6) refrain from charging anyone for access to the Services, or any information therein.
Furthermore, it is the User’s duty to immediately notify Grandyo of any circumstances which may lead to the improper use of identifying data and/or passwords, such as theft, loss or non-authorised access, so that Grandyo can proceed with immediate cancellation. Without limitation to any other provision hereof, for the duration of any such period during which any such circumstances are not communicated to Grandyo, Grandyo will be exempted from any responsibility which could derive from the improper use of the identifying data or use or misuse of passwords by third parties.
As a consequence, Users are exclusively responsible for anything that happens through their account until user close it or prove that its account security has been compromised due to no fault of user´s own.
The purpose of the Platform is to enable Promoters to launch a Challenge, letting Creatives to make Submissions, by uploading them to the Services. Grandyo´s Site is the only way of submitting Submissions to a Challenge. Submissions transmitted by any other means shall be null and void.
Files containing the Submissions uploaded must conform to the technical specifications posted. Creatives shall also provide any additional information which may be requested for entering a Challenge.
After the Submission Period, Submissions will be assessed by Promoter and, when applicable, Promoter will select one or more Submissions as winners. Challenges are talent and skill based contests.
Creatives whose Submissions are selected as winning Submissions will receive, when applicable, the relevant Prizes. Prizes will be paid by Promoters directly to Creatives, by wire transfer or Paypal account.
Promoters and Creatives are sole responsible for the compliance with any obligations (e.g, tax obligations) applicable to the relevant payment of the Prizes.
B) Applicable Fees
Unless otherwise stated, participating in a Challenge is free of charges for Creatives.
For the use of the Services, Promoters shall pay Grandyo: i) a Management Fee, consisting in a fixed fee which shall be informed by Grandyo to Promoter upon the conclusion of the registration process; and ii) a Success Fee, consisting in a percentage of the relevant Prize, when applicable, should the Promoter finally select one or more Submissions as winners.
C) Services Availability
For as long as Grandyo continues to offer the Services, Grandyo will provide and seek to continue providing the Services. As a result, Grandyo allows User to access the Services as they may exist and be available on any given day and have no other obligations, except as expressly stated in these ToS. Grandyo may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify any consideration for all or part of the Services, at Grandyo´s sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to Users unless otherwise noted. Grandyo further reserves the right to remove and or discard any Content available, if deemed by a competent authority to be illegal and/or infringing third party rights or being contrary to these ToS.
6. IMAGE AND INTELLECTUAL PROPERTY RIGHTS
A) Image rights
Creatives hereby grants to Grandyo and Promoters the right and license to use Creative’s name, appearance, image, likeness and any other data in connection with the Challenge and promoting the Services.
B) License by Grandyo
Provided that Users comply with all their obligations under these ToS, Grandyo grants each User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express consent of Grandyo), view information and use the Services in accordance with these ToS. Any use of the Services contrary to these ToS is strictly prohibited and is considered a violation of these ToS.
C) Assignment by winners
The selection of a winner Content implies the assignment, by the Creative to the Promoter, of the intellectual property rights upon the Content selected as winner. Therefore, winner Creatives hereby assigns to Promoter all right, title, and interest to the winner Content submitted in the Challenge, including all intellectual property rights therein. Creative further agrees to execute all documents required to evidence such assignment. To the extent third-party content is incorporated into the winner Content, Creative hereby assigns all his/her rights, title and interest to such third-party content.
Notwithstanding the above and subject to any limitation that Promoter may request (e.g, a confidentiality obligation), Creatives shall have the right to publish, within the Platform, a portfolio of their Content containing a description of such Content.
D) License by Creatives
With regards to non-winner Content that an Creative submit or make available through the Services, and while the Content keeps uploaded within the Services, Creative grants Grandyo a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable licence to use, distribute, reproduce, adapt, publish, broadcast, translate, create derivative works from, publicly perform and publicly display the Content, in any format or medium now known or later developed, for the promotion, advertisement and presentation of Grandyo’s Services, as well as for internal and external communication, press release and marketing activities.
E) Abuse and rights infringement reporting
Grandyo does all it can to prevent abuse and infringement of rights by use of the Services. Grandyo does not have control over all Content that is uploaded or made available through the Services. If a User has a complaint regarding any Content uploaded to or made available in Grandyo´s Services, please notify Grandyo and we will deal with it immediately.
8. REPRESENTATIONS AND WARRANTIES
Creative represents and warrants that:
a. If an Creative is an individual acting as representative of a legal entity, then Creative has all authority necessary to bind such agency or legal entity to this ToS;
b. Creative’s original work in the Challenge does not infringe on any third party intellectual property or proprietary rights;
c. To the extent that third-party content is included in the Content, Creative has procured the necessary rights to reproduce, display, perform, and distribute the third-party content for online mediums pursuant to the licenses included with the Content at the time of submission; and
d. Creative is not and will not be subject to any agreement or other constraint that does, would, or with the passage of time would prohibit or restrict Creative’s right or ability to enter into or carry out its obligations hereunder and Creative is not aware of any third party claims concerning the Content, which if true, would constitute a violation of the representations and warranties set forth herein.
9. SERVICES USAGE RULES.
Users shall use the Services, according to the following rules, and assuming any responsibility arising out of their infringement
1. Access to the Services: Users shall not access the Services by means of using an interface other than the one provided by Grandyo.
2. Users Identity: Users shall not misrepresent their identity impersonating any other person, a non-existent person or a member of any entity, nor lie about their affiliation with any other person and/or entity.
3. Respect other Users: Users shall neither stalk nor harass any third party, nor collect, store and/or assign personal data about other Users of the Site without comply with current regulation on data protection.
4. Purpose of the Services usage: Users acknowledge and agree that the use of the Services will be exclusively carried out for personal and private purposes. Users are expressly banned from granting third parties the use of the Services.
Any Content, publicly posted and publicly accessible via the Services is the sole responsibility of the User from which such Content is included within the Services. This means that Users are entirely and exclusively responsible for all Content that it is uploaded, posted or otherwise transmitted via the Services. Under no circumstances will Grandyo be liable in any way for any Content uploaded, posted or otherwise transmitted via the Services.
Grandyo does neither control nor monitorize the Content posted and/or published by Users via the Services and, as such, does not guarantee the accuracy, integrity and/or quality of such Content. However, Grandyo may be required to monitorize such content (i.e, required to do so by law or competent authority) and, in any case, Grandyo reserves the right to block and/or eliminate any Content accessible via the Services which may infringe this ToS.
Users agree and consent that Grandyo may access, preserve, and disclose their account information and Content: (a) for the purpose of properly administering the User’s account; and (b) if required to do so by law or competent authority, or if any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these ToS; or (iii) respond to claims that any Content violates the rights of third-parties.
Grandyo reserves the right to suspend, temporarily or permanently, the use of the Service by any User, at any time in the event of unauthorized use, or suspected unauthorized use, of the Services itself, either by infringement of these ToS or for other reasons.
Users agree to properly use the Services and to not use it for illegal or unlawful purposes or purposes contrary to the good faith or the public order. In detail, Users are banned from the following:
a) Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Harm minors in any way; "stalk" or otherwise harass another; or extract, collect, process, combine or store personal data about other users.
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e) Upload, post, send or otherwise transmit any Content that you do not have a right to disclose or make available under any law or under contractual or fiduciary relationships;
f) Upload, post, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) Upload, post, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of non-authorized solicitation;
h) Upload, post, send or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) Use or apply any technical, software or technology resources whereby Users can benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the Services.
j) Disrupts or impairs the normal operation of the Services, or servers or networks connected to the Services;
k) collects User Content or user information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
l) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer Content found on Grandyo (excluding content posted by the relevant User);
m) Sell, sponsor, or otherwise monetize any service or functionality of Grandyo, without the express written permission of Grandyo.
n) Remove any copyright, trademark or other proprietary rights notices contained in or on Grandyo´s website, including those of both Grandyo and any of its licensors;
o) Attempt to or actually override any security component included in or underlying Grandyo.
11. DISCLAIMER OF WARRANTIES
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY.
GRANDYO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE USERS USING ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY THE USERS. THEREFORE, GRANDYO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF ANY IDENTITY OR INFORMATION.
GRANDYO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR ANY COMPETITION BEING RUNNED THROUGH THE PLATFORM. IN ADDITION, GRANDYO NEITHER WARRANT NOR REPRESENT THAT USERS USING THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH OTHER USERS. GRANDYO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN USERS AND TO RESTRICT, SUSPEND, OR CLOSE A USER ACCOUNT IF GRANDYO DETERMINES, IN OUR SOLE DISCRETION, THAT DOING SO IS NECESSARY TO ENFORCE THESE ToS.
USER UNDERSTANDS THAT ALL CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, ARE THE SOLE RESPONSIBILITY OF THE USER FROM WHOM SUCH CONTENT IS SUBMITTED. THIS MEANS THAT USER, AND NOT GRANDYO, IS THE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT USER UPLOADS, POSTS, EMAILS, TRANSMITS OR OTHERWISE MAKES AVAILABLE VIA THE SERVICES. GRANDYO DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT.
THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER ACKNOWLEDGES THAT GRANDYO SHALL HAVE THE RIGHT TO REMOVE ANY CONTENT THAT VIOLATES THESE ToS OR IS OTHERWISE OBJECTIONABLE. USERS AGREE THAT THEY MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, USERS ACKNOWLEDGE THAT THEY MAY NOT RELY ON ANY CONTENT CREATED SUBMITTED TO THE PLATFORM.
GRANDYO DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS OVER THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF USERS ARE DISSATISFIED OR HARMED BY ANYTHING RELATED TO GRANDYO´S SERVICES, USERS MAY CLOSE THEIR ACCOUNT AND TERMINATE THESE ToS AND SUCH TERMINATION SHALL BE THE USER´S SOLE AND EXCLUSIVE REMEDY.
GRANDYO DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GRANDYO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING.
Grandyo may, without prior notice, immediately terminate, limit User´s access to or suspend Grandyo´s account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (1) breaches or violations of these ToS or other incorporated agreements or guidelines, (2) abuses or misuses of the Services, (3) requests by law enforcement or other government agencies, (4) discontinuance or material modification to the Services (or any part thereof), (5) unexpected technical or security issues or problems, (6) extended periods of inactivity, (7) engagement by Users in fraudulent or illegal activities, and/or (8) non-payment of any applicable fees or charges. Further, Users agree that all terminations, limitations of access and suspensions for cause shall be made in Grandyo sole discretion and that Grandyo shall not be liable to Users or any third party for any termination of any Grandyo account, any associated email address, or access to the Services.
Misuse of the Services includes using the Services commercially without Grandyo’s authorization, infringing any intellectual property rights, violating any of prohibitions, or any other behavior that Grandyo reasonably deems contrary to its purpose.
Termination of your Grandyo account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
13. GENERAL TERMS
If any provision of these ToS is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these ToS will not be affected in any way.
B) Entire Agreement. Additional Terms and Conditions.
Users agree that these ToS constitutes the entire, complete and exclusive agreement between Users and Grandyo regarding the use of Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these ToS.
Creatives also may be subject to additional terms and conditions (AT&Cs) published by Promoters and applicable to each Challenge. In case of conflict between the ToS and/or the AT&Cs, ToS shall prevail, except with regards to the “Assignment by Winner” section within Intellectual Property Section, in which case, in case of conflict, AT&Cs will prevail.
C) No informal waivers, agreements or representations.
Grandyo´s failure to act with respect to a breach of these ToS by a User does not waive Grandyo´s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the ToS, no representations, statements, consents, waivers or other acts or omissions by Grandyo shall be deemed legally binding on Grandyo, unless documented in a physical written document and hand signed by a duly appointed officer of Grandyo.
Users may not assign or delegate any rights or obligations under these ToS. Any purported assignment and delegation shall be ineffective. Grandyo may freely assign or delegate all rights and obligations under these ToS, fully or partially. Grandyo may also substitute, by way of unilateral novation, effective upon notice to you, for any third party that assumes our rights and obligations under these ToS. Users agree that, except as otherwise expressly provided in these ToS, there shall be no third-party beneficiaries to these ToS.
Grandyo.com Collection of Information
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a national identification number, an email address, postal or physical address or other contact information, occupation, industry or other information including market questions needed to answer a request, to better provide information and services or to comply with various national, state, provincial or local governmental reporting requirements.
The submission of personal information is voluntary. Grandyo.com may collect personal information as described below. In each case, we only collect personal information that we believe to be relevant and required to provide an individual with requested information and services and to conduct our business.
Grandyo.com may collect personal information for purposes that include but are not limited to:
Viewing/accessing of white papers, technical briefs or product demonstrations
Participation in marketing promotions, events, webinars, seminars, podcasts, teleconferences,
executive roundtables, direct mail or general marketing
Career opportunities or other Human Resources activities
User surveys, polls, voting forms, mind maps
Use of our password protected “Channel Partner Site” portal
Responding to a formal inquiry
Providing product-oriented technical support or consulting services.
When personal information is collected, we will inform the individual at the point of collection, via a form or other method, the purpose for the collection and where appropriate, allow the individual to elect whether to provide the information to Grandyo and/or specify how we can use such personal information. Grandyo will allow interested parties to either “opt-in” or “opt-out” of specific communication by emailing or otherwise sending us an “unsubscribe” notice.
Why We May Use “Cookies”
A “cookie” is a message given to a Web browser by a Web server. The browser stores the message in a text file. The message is then sent back to the server each time the browser requests a page from the server.
The main purpose of cookies is to identify users and possibly prepare customized Web pages for them. When you enter a Web site using cookies, you may be asked to fill out a form providing such information as your name and interests. This information is packaged into a cookie and sent to your Web browser which stores it for subsequent use. The next time you go to the same Web site, your browser will send the cookie to the Web server. The server can use this information to present you with custom Web pages. Instead of seeing just a generic welcome page, for example, you might see a welcome page with your name on it. Cookies can also help us recognize you as a unique visitor when you revisit the Grandyo website, to allow us to tailor content or advertisements to match your specific preferred interests, or to avoid showing you the same advertisements repeatedly; be used to develop leads for our internal sales group and our business partners and provide direct marketing communications to you if you have explicitly consented to receive such communications; also help compile statistics that allow us to understand how users use our site and to help us improve the structure of our website. Your personal identity, however, is not available via these statistics.
Two types of cookies may be used on this website: session cookies (which are temporary cookies that remain in the cookie file of your browser until you leave the site) and persistent cookies (which remain in the cookie file of your browser for much longer, though how long usually depends on the lifetime of the specific cookie).
You May Disable or Enable Cookies at Any Time
You have the ability to enable or disable cookies by modifying the settings in your browser (you may need to consult your browser’s help file), as well as delete any cookies that have been installed in the cookie folder of your browser. However, you may not be able to use some of the interactive features of our site if cookies are disabled / deleted.
Third Party Sites
Grandyo’s website may, from time to time, provide links to other third party websites which are outside our control and not covered by this Policy and may be different from this Policy. You may wish to review the privacy policies posted on all third party websites.
Privacy of Minors and Children
Our websites do not and will not target and are not intended to solicit or attract children. Grandyo does not knowingly solicit personal information from children or send them requests for personal information. For the purposes of this document, children mean anyone under the age of 13.