Garfum.com Terms & Conditions

A. Your Acceptance of These Terms and Conditions

  1. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ARE BOUND BY THEM.
  2. By visiting Garfum.com (which is referred to below at times as the “Garfum website”), by uploading any video or other Content onto the Garfum website, or by using any services, products, software or other aspect of the Garfum website (which together are referred to as the “Service”), you are agreeing to be bound by all provisions stated in these terms and conditions (these “Terms and Conditions”) and all provisions stated in Garfum’s Privacy Policy. By using the Service, you are entering into a binding agreement between you and Garfum.com, Inc. Garfum.com, Inc. is referred to in these Terms and Conditions as “Garfum,” “we,” or “us.” No provisions in these Terms and Conditions or in Garfum’s Privacy Policy are intended to or shall be deemed to create any third party rights or benefits. If you do not agree to be bound by these Terms and Conditions, then please do not use the Service.
  3. We may, in our sole discretion, modify or revise these Terms and Conditions and Garfum’s Privacy Policy at any time. You agree to be bound by any such modifications or revisions. You should periodically review the most up-to-date version of these Terms and Conditions and Garfum’s Privacy Policy.

      B. Membership

      1. To use the Service, you must create an account and register as a member by providing a user name, a password, a valid email address, and your country. You must provide complete and accurate registration information to Garfum and notify us if your information changes. If you are a business organization of any type or a government entity, the person whose email address is associated with the account must have the authority to bind the organization or entity to these Terms and Conditions. We encourage you to use your real name. If you are a business organization of any type or a government entity, you must use the actual name of your organization or entity. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
      2. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, then you must log out of your account after using the Garfum Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You may be liable for any loss or damages of Garfum or others due to unauthorized use of your account.

      C. The Service and Restrictions on Use

      1. Garfum hereby grants you permission to access and use the Service, subject to all restrictions and limitations stated in these Terms and Conditions. Your use of the Service must be for your own, personal use. Unless you obtain Garfum’s written permission, you may not use the Service for commercial purposes.
      2. You may upload, post, or transmit (all of which are referred to at times as “submit”) videos, audio, images, text, or other work (all of which are referred to as “Content”) onto the website only if you comply with the restrictions and other provisions stated in these Terms and Conditions. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit; (2) any Content you submit does not infringe any third party’s rights, including copyrights, other intellectual property rights, and privacy rights; and (3) any Content you submit complies with all terms of these Terms and Conditions.
      3. You agree to not download or copy any Content on the Garfum website. You may send to third parties a link to a video or other Content contained on the Garfum website. Also, you may click the “SHARE” icon contained on the Garfum website for the limited purpose designed by Garfum for that feature of the website.
      4. You must comply with all applicable laws in your use of the Service.
      5. You agree to not alter or modify the Service. You agree not to upload or launch any automated system or software onto or within Garfum’s website, such as “robots” or “spiders.” You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content on the website.
      6. The Service may contain links to third party websites that are not owned or controlled by Garfum. Garfum has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. In addition, Garfum will not and cannot censor or edit the Content of any third party website. By using the Service, you expressly relieve Garfum from any and all liability arising from your use of any third party website. We encourage you to read the terms and conditions and privacy policy of each other website that you visit.
      7. As described below in Section E and elsewhere in these Terms and Conditions, Garfum reserves certain rights regarding your use of the Service. This includes but is not limited to Garfum reserves the right to discontinue any aspect of the Service at any time.
      8. You understand that when using the Service, you will be exposed to Content from a variety of sources, and Garfum is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Garfum with respect thereto. You agree to indemnify, hold harmless and defend Garfum, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

      D. Content Restrictions

      1. You may not submit any Content which in any way:

        • Infringes upon any third party’s copyright, trademark, or other intellectual property rights

        • Infringes or damages any third party’s other rights, such as privacy rights

        • Exploits minors

        • Contains sexually explicit images or pornography

        • Was stolen or illegally obtained or is being used illegally

        • Contains hateful, defamatory, or discriminatory Content or incites hatred against any individual or group

        • Depicts unlawful acts or extreme violence

        • Depicts animal cruelty or extreme violence towards animals

        • Promotes fraudulent or illegal schemes or conduct of any kind, such as illegal money- making schemes, online gambling or betting, etc.

        • Promotes any illegal conduct or violates any applicable laws
      2. All videos or Content you submit must also comply with our Uploading Guidelines, which are incorporated into this Agreement.
      3. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other intellectual property rights or other proprietary rights of third parties, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant Garfum all of the license rights granted under these Terms and Conditions.
      4. You understand that Garfum does not guarantee any confidentiality with respect to any Content you submit.

      E. Our Reservation of Rights

      1. We reserve all rights stated in these Terms and Conditions. These rights include, but are not limited to, we reserve the right to:

        • Delete any video or other Content uploaded or submitted by you or any user of the Service (and we will not be liable for any loss of such Content)

        • Not display your or any user’s video or other Content, or display your video or other Content at any location on the Garfum website we choose

        • Monitor all conduct on and Content submitted to the Garfum website (although we assume no obligation to do so)
      2. Garfum does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Garfum expressly disclaims any and all liability in connection with any such Content. Garfum does not permit copyright infringing activities and the infringement of other intellectual property rights on the Service, and Garfum will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Garfum reserves the right to remove any Content without prior notice.
      3. Garfum reserves the right to decide whether any Content violates these Terms and Conditions for any reason. Garfum may at any time, without prior notice and in its sole discretion, remove any Content and/or terminate a user’s account for submitting any Content in violation of these Terms and Conditions or if a user’s conduct or Content would tend to damage Garfum’s reputation or goodwill. If we terminate your account, we may prevent you from re-registering for the Service. We also reserve the right to block your email address and Internet protocol address to prevent further registration. Garfum has sole discretion to terminate your access to the Service.

      F. Code of Conduct

      1. In using the Service, you must act in a civil and respectful manner at all times. Additionally, you will not:

        • Harass or stalk any other person

        • Harm or exploit minors

        • Act in a deceptive manner, by, among other things, impersonating any person

        • Distribute "spam"

        • Collect information about others

        • Advertise of solicit others to purchase any product or service

      G. Licenses Granted by You

      1. License to Garfum. As between you and Garfum, you own the video or other Content that you submit to the Service. By submitting a video or other Content to the Garfum website, you grant Garfum and its affiliates a limited, worldwide, non- exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video or other Content for the purposes of: (1) displaying the video or other Content within the Service; (2) promoting the Service; and/or (3) archiving or preserving the video or other Content for disputes, legal proceedings, or investigations.
      2. License to Other Users. You further grant all users of the Service permission to view your video or other Content for their personal, non-commercial purposes.
      3. Duration of Licenses. The above licenses will continue unless and until you remove your video or other Content from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos or other Content may be cached in search engine indices after removal and that Garfum has no control over such caching.

      H. DMCA

      1. Garfum’s Designated Agent for purposes of notices described under the Digital Millennium Copyright Act (“DMCA”) is: Michael Garofalo, Garfum.com Corporation 22 South Hope Chapel Rd, Jackson NJ, 07731 or via email at copyright@garfum.com.
      2. If you are a copyright owner or an agent thereof and believe that any Content displayed on this website infringes upon your copyright(s), you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):

        • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

        • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

        • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material

        • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address

        • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

        • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
      3. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice in writing to the Designated Agent containing the following information:

        • Your physical or electronic signature

        • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled

        • A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content

        Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      4. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who are considered to be repeat infringers of copyright laws. This policy is based on a system of “strikes” applied against a user’s account. If a user’s account is the subject of the removal of content due to copyright infringement issues, then a user will be assigned a strike. If a user receives three strikes, then the user’s account will be suspended and all videos uploaded by the user will be removed. Users with suspended accounts are prohibited from creating new accounts. If a counter-notice is received by the Designated Agent, Garfum may send a copy of the counter-notice to the original complaining party informing that person that Garfum may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Garfum’s sole discretion.

      I. Disclaimers

      YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GARFUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GARFUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

      GARFUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. GARFUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

      J. Limitation of Liability

      IN NO EVENT SHALL GARFUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

      YOU SPECIFICALLY ACKNOWLEDGE THAT GARFUM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      The Service is controlled and offered by Garfum from its facilities in New Jersey, USA. Garfum makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

      K. Indemnity

      To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Garfum and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service; (2) your violation of any term of these Terms and Conditions; (3) your violation of any third party right, including without limitation any copyright, other intellectual property right, or privacy right; or (4) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.

      L. Age Requirement and Ability to Accept Terms and Conditions

      You must be at least 13 years of age to use the Service. If you are not at least 13 years of age, then please do not use the Service. If you are at least 13 years of age but still a minor, then you need parental or guardian consent to use the Service.

      You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and you are folly able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

      M. Assignment

      These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Garfum without restriction.

      N. General Provisions

      You agree that: (1) the Service shall be deemed solely based in New Jersey, USA; and (2) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Garfum, either specific or general, in jurisdictions other than New Jersey. These Terms and Conditions shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and Garfum that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Monmouth County, New Jersey. These Terms and Conditions, Garfum’s Privacy Policy, and any other legal notices published by Garfum on the Service, shall constitute the entire agreement between you and Garfum concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Garfum’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Garfum reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

      YOU AND GARFUM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.

      O. Third Party Services

      You may enable various online services, such as social networking sites, to be directly integrated into your Garfum experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Garfum's use, storage and disclosure of information related to you and your use of such services within Garfum (including your friend lists and the like), please see our Privacy Policy at http://www.Garfum.com. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Garfum will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

      In addition, Garfum is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Garfum is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Garfum enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

      P. Posting and Sharing Content

      You may post and share Your Content through the Service. When posting Your Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Garfum relating thereto.

      Q. Commercial Use

      Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.

      Special Notice for International Use; Export Controls

      Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local roles and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

      R. Conduct of Users

      You are solely responsible for User Content that you stream, upload, post, (hereinafter, ”transmit“) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Garfum. Garfum reserves the right to investigate and take appropriate legal action against anyone who, in Garfum's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. As a condition for accessing and using the Service, you agree not to use the Service to:

      • Transmit any content that (a) is unlawful, obscene, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes any unsolicited or unauthorized advertising, promotional materials, ”junk mail,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ ”contents“, ”sweepstakes“ or any other form of solicitation

      • Harass any other user of the Service or to impersonate another person or entity by any means including by using her/his email address and password, or falsely state or otherwise misrepresent your affiliation with a person or entity

      • Violate any applicable local, state, national or international law, or any regulations having the force of law

      • Transmit or make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons

      • Engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files

      • Reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service

      • Solicit personal information from anyone under the age of 18

      • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications

      • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities

      • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service

      In case of any violation of the above, Garfum reserves the right to cancel your account and/or to block you from accessing the Service as well as to disclose any information as necessary to satisfy any law, regulation or governmental request, at its sole discretion. Garfum also reserves the right to block the distribution of User Content through the Service.

      S. Termination of Account

      You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Garfum may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be held liable for the cancellation of your account.

      Apple is in no way responsible for or associated with the promotion, nor do they sponsor, endorse, or administer the promotion.

      T. Description of Mobile Service

      Garfum provides a social mobile application that makes it easy to quickly capture, produce, and share bite-size videos with the world (collectively, such services, including any new features and applications, and the Site, the ”Service“). Unlike traditional video services, the Service allows users (”you“) to instantly create videos, share them with those who matter most. The real time video feeds, the Service delivers an engaging, premium user experience on just about any device (iPhone, Android, Windows Mobile, and more). The Service is a life-streaming videos.

      Garfum provides, for your non-commercial personal use, a customizable website designed to enable you to search, select and display content such as videos, audio, through the Service. The Service enables you to create, submit and share content, information, data, text, video, messages or other materials comments, feeds (”Your Content“).

      Garfum reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Garfum will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

      Mobile Services: The Service includes certain services that are available via a mobile device, including (1) the ability to upload content to the Service via a mobile device, (2) the ability to browse the Service from a mobile device and (3) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.

       

       
       

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