Effective Date: The Terms of Service was last revised on October 11, 2020.
Thank you for using Findz!
These Terms of Service (“Terms”) govern your access to and use of Findz and the Findz Service described below. When you create a Findz account or use Findz, you agree to these Terms, our Privacy and Data Policy, our Cookies Policy and our Community Guidelines.
Findz is provided to you by GSynergy LLC. These Terms therefore constitute an agreement between you and GSynergy LLC (“GSynergy”, “we”, “us”, “our”).
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE ANY RIGHT TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
The Findz Service
We agree to provide you with the Findz Service. The Service includes all or parts of the Findz websites, products, features, applications, services, technologies, and software that we provide to you to help you be more productive in curating and using content you and your collaborators create, find or care about. The Service is made up of the following aspects (the “Findz Service” or “Service”):
- Ability to create, collect, download, organize, search and filter content. We want to enable you in doing more with your time. We develop tools to help you quickly create and capture digital content from your environment, and organize it in personalized ways that allow you to efficiently search through and use it. So we develop and use technologies and systems that try to understand your content and how it may be of interest to you by relating it to your and your collaborators’ activities on Findz and elsewhere.
- Ability to share content with and collaborate on that content with others. We strongly believe in the value that humans create by sharing content and collaborating with others. Our tools and technologies are therefore built to move content between devices owned and operated by those whom you wish to collaborate with. To help with meaningful and pleasant collaboration, we develop and employ technologies that try to understand your interactions with your collaborators. We may also obtain, use and analyze your data and activities outside of Findz to help you effectively and efficiently connect and collaborate with others.
- Personalized opportunities to discover content and connect with others. Ability to discover and connect with content, people and businesses that one finds interesting is essential to curating that content in useful ways. Everyone has different interests, and that is what makes their curation appealing to others. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, and share content and experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to connect with them, based on what you and others do on and off Findz.
- Fostering a safe, inclusive and respectful community. We want to ensure that our community members feel safe, included, and respected by others. We therefore employ tools and systems that help us combat abuse and violations of our Terms and policies, as well as harmful behavior. We use all the information we have – including your information – to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement.
- Ensuring secure, stable and global availability of our service. To provide our service, we must store and transfer data across our systems hosted on the cloud infrastructure from third parties. These systems may exist outside your country of residence. To ensure stability and high availability of our service, we may backup your data on such infrastructure, and therefore may continue to have that data even after you cancel your account with us. We employ our best efforts in securing your data, using technologies and systems provided by third parties, however, we cannot guarantee that your data will not be compromised by malicious actors.
- Research and innovation. We strive to continuously improve our services and our ability to help you be more productive. We therefore invest significantly in researching your use of our Service. To aid in this research we may collect and analyze data about the devices, locations and methods you employ to use Findz.
Our License to You
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
The Privacy and Data Policy
Providing our Service requires collecting and using your information. The Privacy and Data Policy explains how we collect, use, and share information. You must agree to the Privacy and Data Policy to use Findz.
In return for our commitment to provide the Service, we require you (i.e., the corporation, business, other entity, or natural person) to make the below commitments to us.
Who Can Use Findz.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law and our policies. So, we need you to meet all of the following restrictions in order to be able to use Findz.
- You must be at least 13 years old.
- You must have the legal authority and ability to bind yourself, or the business and/or corporation you represent, into a legally binding agreement with us.
- You must not be prohibited from receiving any aspect of our Service under applicable laws.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be an employee, contractor, consultant, owner, board member of, or have any similar relationship with, any person or organization that competes with us, or intends to compete with us.
How You Can’t Use Findz.
Providing a safe and open Service for a broad community requires that we all do our part.
- You can’t impersonate others or provide inaccurate information. You don’t have to disclose your identity on Findz, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
- You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can’t use Findz as a platform or medium to store, organize, share, broadcast or promote nudity, obscenity, vulgarity, pornography, prostitution, abuse, violence, or misleading, defamatory, slanderous, or harmful content.
- You can’t violate (or help or encourage others to violate) these Terms or our policies, including the Findz Community Guidelines. To report conduct or content reach out to us at email@example.com. When contacting us, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly.
- You can’t do anything to interfere with or impair the intended operation of the Service.
- You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
- You can’t download, store, share, forward or post private or confidential information of someone else, or do anything that violates someone else’s rights, including copyrights or intellectual property. Our Services allow you to download and store content from websites, internet links, or social media on to your devices, and upload them to our servers to provide you with our Services; however, it is your responsibility to make sure that you have the right to download and store such content. In the case that any third party files a claim against us for infringement of their intellectual property rights for downloading or storing their content, where such action was initiated by you, you attest that the entire responsibility of that action, and any claims resulting from that action, is yours. If you think that your intellectual property rights have been violated, please file a copyright infringement report or a trademark infringement report with us at firstname.lastname@example.org. When contacting us, please provide as much information as possible, such as links of the infringed and infringing content, descriptions of the content, a legally binding declaration that you are the owner of the content along with documentation to support your legal ownership of the content.
- You can’t reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code, software, UI design, or processes accessible to you through any portion of the Service.
- You can’t copy, or create derivative works of any portion of the Service and our intellectual property and trademarks without our express written permission.
Permissions You Give to Us.
As part of our agreement, you also give us permissions that we need to provide the Service.
- You own your content, but you grant us a license to store and use it. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos, or product attribute data) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Privacy and Data Policy and or reach out to us at email@example.com.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions or relationships next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Findz, without any compensation to you.
- You agree that we can download and install updates to the Service on your device.
- You agree that our Service may use resources such as the camera, file storage, device sensors, operating system, software, network, bandwidth, or other third party services available on your device to allow you to effectively use the Service. You agree that these resources are made available to us free of charge by you, and you are yourself responsible for all costs, or liabilities associated with our use of those resources.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted here or with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
- We may terminate or disable the Service at any time, without any prior notice to you, and for any reason. You are ultimately responsible for maintaining copies or backups of your content.
Content Removal and Disabling or Terminating Your Account
- We can remove any content or information you share on the Service if we believe that it violates these Terms, our policies (including our Findz Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies (including our Findz Community Guidelines), or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us at firstname.lastname@example.org.
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.
Third-party products and services
- Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may interact with a share button on a third party’s website that enables you to send information to your Findz contacts, or you may use the authentication services provided by one of our integrated authentication services. Please note that when you use third-party products and services, their own terms and privacy policies will govern your use of those services. Your use of third party products and services with Findz does not in any way bind, make responsible or accountable, us and/or the third party for your such use.
Our Agreement and What Happens if We Disagree
- If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS.
- WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
- We don’t control, and are not obligated to control, what people and others do or say, and we aren’t responsible for their (or your) actions or conduct on Findz (or elsewhere) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You release us, our subsidiaries, affiliates and our and their directors, officers, employees, partners, and agents (together the “GSynergy Parties”), from any claim, complaint, cause of action, controversy, or dispute (together “Claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under California Civil Code §1542, or any other similar applicable statute or law of any other jurisdiction, which says that: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
- Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account, or discontinue or temporarily disable the Service. Our aggregate liability arising out of or relating to these Terms will not exceed the amount you have paid us in the past three months.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes.
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Findz (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Findz users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in our local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like our source code, copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Findz account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to GSynergy LLC, ATTN: Findz Arbitration Filing, PO Box 1151, Alpharetta, GA 30009. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Findz account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Georgia or a state court located in Fulton County, Georgia. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of Georgia, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account from the My Account or My Profile page of the Service.