WELCOME to GRAAVA!
GRAAVA, Inc. (“GRAAVA”) is a developer of a video camera (“Camera”), software application (“App”) and cloud platform service (“Service”) that automatically identifies exciting moments in your recorded video footage to create a finished sharable video. These terms and conditions along with our stated policies including our Privacy Policy, and any end user license agreement terms applicable to software provided (all as such terms and policies may be updated from time to time and collectively referred to as the “Terms”), govern your purchase and use of the GRAAVA Camera, App and Service.
Please read these Terms carefully. By ordering a product or service from us or by using GRAAVA's Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service. Please return to this page periodically to ensure familiarity with the most current version of these Terms.
The Service and proprietary rights in the Service and the App are owned and operated by GRAAVA and its licensors. Any information, materials or content supplied to you through the Service other than your own footage ("Content") are and will remain the property of GRAAVA and its licensors and suppliers. The Service, the App, and the Content are protected by U.S. and international copyright, trademark, and other laws and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Service, App or Content without our prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service, App or Content. The trademarks, logos, and service marks displayed on the Service (collectively, the "Trademarks") are the registered and unregistered trademarks of GRAAVA, GRAAVA's licensors and suppliers, and/or others. Nothing contained in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without express written permission. You may not remove, obscure or alter any legal notices displayed in or along with the Service.
1.1.Pre-Orders. By pre-ordering a GRAAVA Camera on or after August 05, 2015 you understand that you are placing an order while the product is still under development and has not been commercially produced. We are soliciting orders to help us raise money to complete the development of the products and the service. We intend to provide you with one of the first finished commercially available products. The timing of delivery is an estimate only. You understand that the product is still under development. There are risks and challenges to completing a final commercial product including obtaining cost effective materials and manufacturing sources, the possible need for design changes, and finalizing software applications. GRAAVA will keep you updated if there is a delay in the projected delivery date and will notify you if GRAAVA is unable to provide you with a finished product. We have a strong team, anticipate obtaining additional funding from more traditional sources and will make every reasonable effort to complete the products, but it is possible that GRAAVA may be unable to complete development and deliver your product. In this case, GRAAVA will inform you of the status and let you know if refunds are to be made available. Please be advised that a full refund may not be available due to transaction costs that may not be recoverable by GRAAVA. If GRAAVA is unable to fulfill your pre-order, the parties agree that these Terms will apply (including the Dispute Resolution section below). GRAAVA may cancel or refund your pre-order at any time and for any reason, and if GRAAVA does so, GRAAVA is not required to ship the product.
1.2.Ordering Commercially Available Products. GRAAVA may make the Camera commercially available for purchase through its own website or through resellers. Any sale of GRAAVA Camera through the Site and any subscription to the Service are subject to these Terms and to any additional terms identified in GRAAVA’s applicable bill of sale or purchase agreement. You agree to pay any amounts and fees GRAAVA may charge for your purchase of the GRAAVA Camera or any associated Apps and subscription fees for the Service (a “Payment”). Before you are required to make any Payment, you will have an opportunity to review and accept the amount that you will be charged for such
1.3.Payment. All Payments are in U.S. Dollars and are non-refundable, except as otherwise provided for by these Terms or any Additional Terms that may apply. Applicable taxes may be imposed and you are required to pay these in addition to the purchase price. GRAAVA may change its prices and fees on a going-forward basis at any time. GRAAVA will charge the payment method you specify at the time of purchase. You authorize GRAAVA to charge all sums described herein to such payment method. If you make any applicable Payment with a credit card, GRAAVA may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Credit card processing may be done through a secure third party service and you understand that the terms of the third party processing site apply to your Payment transaction.
An end user software license agreement or related terms may be provided with the App or other software supplied to you for use with the Camera. You agree that such terms apply to the App and the other software. If no specific terms are provided then, subject to these Terms, GRAAVA grants you a non-exclusive, nontransferable, revocable, non-sublicensable right to use the software that is pre-installed on, embedded in or provided with the GRAAVA Camera solely as required to operate the Camera and in connection with your use of the Service. You are not granted rights to software that you use online in connection with the Service but it is made available for your use as part of the Service provided by GRAAVA. The restrictions in the Proprietary Rights Notices section of these terms specifically apply to your use of the software and the Service. The Camera is intended to be used with GRAAVA software and services. If you attempt to use it with third party software or services certain functionality may not be operable.
Access to certain functionality of the Service will require you to register with and provide certain information to GRAAVA. You represent and warrant that you are competent to enter into a contract. Further, we do not provide our service to anyone under age 13 and you represent that you are 13 years of age or older. We reserve the right to decline to provide the Service to any person at our discretion. When you provide information to GRAAVA, you agree to (a) provide accurate, current and complete information about yourself as prompted and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service. You understand that any information you provide will be treated by GRAAVA in the manner described in our Privacy Policy, which can be found at: www.getgraava.com. As a registered user, you will be required to create login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised, or that a third party has accessed your account, you agree to immediately notify GRAAVA by e-mail to contact@getgraava.com. You are solely responsible for loss or damage to you, GRAAVA or third parties as a result of unauthorized use of your account.
You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations. You are not permitted to use the Service for any illegal, abusive purposes, in any manner that interferes with or interrupts the proper functioning of the Service. You also agree not to take any actions such as, but not limited to: infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability, transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so, modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service. You are solely liable for the footage content that you upload and you represent and warrant that you are the originator of the footage and have the full right and authority to provide it to GRAAVA for use in connection with the Service, including permissions necessary from those depicted in the footage.
These Terms will remain in effect until terminated. Your rights and licenses under these Terms will terminate immediately upon your breach of the Terms. You may terminate these Terms by canceling your account with GRAAVA and, if applicable uninstalling and ceasing use of the Apps and the Service. GRAAVA may terminate the Service, disable any App, and/ or limit or terminate your access to the Services at any time for reasonable cause at its discretion. No refunds will be granted in connection with any termination of the Service. The provisions of these Terms which customarily or by their nature are intended to survive will survive the termination or expiration of these terms.
You agree to fully indemnify, defend, and hold GRAAVA, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all liability, claims, demands, cases and costs, including reasonable attorneys’ fees incurred by such indemnified parties, in connection with or arising out of the use or misuse of the Service by you or by third parties whom you have permitted to use the Service ("Permitted Users"), your violation of the Terms, violation of any applicable law or regulation by you or a Permitted User, or a violation of the rights of any third parties by you or a Permitted User related to the use of the Service.
A LIMITED WARRANTY OF WORKMANSHIP MAY BE PROVIDED WITH THE CAMERA AND IS AS STATED THEREIN. OTHERWISE, THE CAMERA, SERVICES, APPS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. GRAAVA SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. GRAAVA DOES NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING GRAAVA OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES IS AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL GRAAVA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GRAAVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF GRAAVA TO YOU UNDER ANY CIRCUMSTANCES FOR ANY AND ALL CLAIMS IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO GRAAVA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT GRAAVA HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THESE LIMITATIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GRAAVA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Under California Civil Code Section 1789.3, California Applications users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
1.1.Arbitration. Except as expressly provided in Section 11.2 below, all disputes arising out of or relating in any way to these Terms or your use of the Camera, App or Service shall be resolved by binding arbitration, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Camera, App or Services or under these Terms must be filed by a party within two (2) years after such claim or cause of action arose or it will be forever barred.
1.2.Exceptions. Notwithstanding subsection 11.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
1.3.Arbitrator. Any arbitration between you and GRAAVA will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879.
1.4.Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or reputable overnight courier service such as Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or GRAAVA may commence an arbitration proceeding.
1.5.Fees. Payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse GRAAVA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules and all attorney fees and other costs and expenses incurred by GRAAVA in defending the claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
1.6.No Class Actions. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GRAAVA ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GRAAVA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
1.7.Enforceability. If only Subsection 11.6 of this Section or the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12.2 shall govern any action arising out of or related to these Terms.
1.1.Governing Law. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents regardless of your country of origin or where you access the Services, and without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods.
1.2.Jurisdiction and Venue. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GRAAVA agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all such claims or disputes.
1.3.Entire Agreement. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and GRAAVA, and supersedes any and all prior agreements, negotiations, or other communications between you and GRAAVA, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.
1.4. Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, then, except as otherwise expressly provided in Section 11: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.
1.5.Compliance with Laws. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions.
1.6. Assignment. You may not assign these Terms without the prior written consent of GRAAVA, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. GRAAVA may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns.
1.7.Force Majeure. You acknowledge and understand that if GRAAVA is unable to provide the Service as a result of a force majeure event GRAAVA will not be in breach of these Terms. A force majeure event means any event beyond the reasonable control of GRAAVA.
1.8.Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. GRAAVA’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
1.9.Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
1.10.Export. The GRAAVA Service may be subject to United States export controls. You may not export or re-export a GRAAVA Camera or any element of the Service without: (a) the prior written consent of GRAAVA, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not transfer or authorize the transfer of the GRAAVA Service to a prohibited territory, country or organization or otherwise in violation of any applicable restrictions or regulations. You understand and agree that the GRAAVA Service may contain information that is controlled and restricted from export by United States export controls (the “Controlled Information”). If GRAAVA, in its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Service.
CONTACTING GRAAVA
The Service is offered by GRAAVA, Inc.:
Graava, Inc.
2483 Old Middlefield Way suite #203
Mountain View, CA 94043
(650) 584-3086
Welcome, and thank you for your interest in Graava, Inc. (“Graava”, “we,” or “us”) and our web site located at https://getgraava.com (the “Site”), as well as all related, devices, web sites, mobile applications (each an “App”) and other services provided by us and on which a link to this Privacy Policy (this “Policy”) is displayed (collectively, together with the Site and the Apps, our “Service”).
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
This Policy is incorporated into and is subject to the Graava Terms and Conditions. Capitalized terms used but not defined in this Policy have the meaning given to them in the Graava Master Terms of Service.
The information we collect on the Service:
User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, post User Content, make a purchase on the Service, interact with other users of the Service through communication or messaging features, or send us customer service-related requests.
“Cookies” Information. When you use the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
“Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.
Third Party Web Beacons. We may also implement third-party content or advertising on the Site that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Site. Information collected through web beacons is collected directly by these third parties, and Graava does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
Integrated Services. You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your online banking credentials, or otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, account numbers and any other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
Location Information. Graava may offer certain features as part of the Service in whole or in part based on your location, such as to locate the mobile device on which you have installed, or downloaded an application that is a part of the Service. You will be given the opportunity to opt-in to location-based services, normally through an opt-in screen on the application. If you choose to enable location-based services, we may collect your location based on information provided by you or the mobile device, including, if available, GPS, IP address or cell tower information. If you do not opt-in to or choose to disable location-based services, you may not be able to utilize certain features of the Service. Without limiting the foregoing, even if you have not expressly granted us access to location data, we may nonetheless have access to location information contained in the transaction data associated with your Graava Camera.
Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
Your Choices
You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us at contact@getgraava.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at contact@getgraava.com or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Third-Party Services
The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Children’s Privacy
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at contact@getgraava.com and request that we delete that child’s personally identifiable information from our systems.[a]
Data Security
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at contact@getgraava.com.
Privacy Settings
Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
International Visitors
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
Our Contact Information
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at:
CONTACTING GRAAVA:
Graava, Inc.
2483 Old Middlefield Way suite #203
Mountain View, CA 94043
(650) 584-3086