Welcome to GUST! These terms and conditions (“Terms”) govern your (the “User”, “you”, or “your”) access to and use of Gust Vision Inc. SAS d/b/a GUST (“GUST”, "we," "us," "our") mobile application (the “App”). If you have any questions, concerns, or comments on these Terms, you can contact us at: email@example.com
By accessing, viewing, and/or using the Content and App, you indicate that you have read, understand, agree to, and intend to be legally bound by these Terms. GUST may change these Terms from time to time. Please review the Terms periodically. Your continued access to, and viewing and use of the App, the Content, and/or our Services means you accept any and all updates, changes, and modifications. By accessing and viewing the Content and App, you represent that you are 13 years of age or older, and that you are of legal age to form a binding contract. If you are not of legal age to form a binding contract, you represent and warrant that you have received your parent’s and/or legal guardian’s permission to view, access, and use the Content and App, and that your parent and/or legal guardian agrees to these Terms on your behalf. If you (1) don’t agree to these Terms, (2) are under 13 years of age, and/or (3) don’t have your parent’s and/or guardian’s permission where required, you are not granted permission to access, view, or use the Content or App and must exit immediately.
GUST is an interactive content distribution platform that allows you to access, view, read, download, create, upload, and publicly post and share pictures, videos, audio/visual content, text, animations, and various other forms of content (such as Augmented Reality-enabled content) (the “Content”) for your personal, non-commercial use and enjoyment.
The Content is created by our Users to be uploaded and publicly shared with all other Users. We provide features for you to view, hear, comment on, and react to other Users’ Content as described below.
A. Access to the App.
We currently offer two levels of access to the App listed below (“Our Services”).
(1) Free Access:
All Users who download our App are able to view all Content uploaded on the App for free (the “Free Content”). Free access does not allow you to (a) interact with other Users’ Content unless you give your permission to the camera on the front of your phone to access the interactive features described below, and/or (b) create and post your own Content.
(2) Registered Users.
Users who sign up for an account on the App will have automatic access to additional features (“Registered Users”). Registered Users automatically may:
• Create their own Content on the App;
• Post their own Content on the App; and
• Access additional interactive features to react to Content.
Registered Users who sign up for an account will have immediate access to the App’s technology that translates your facial expressions into emojis! This exciting feature allows you to interact with the Content in real time! For example, if you smile, the App will automatically post a “smiley emoji” on that picture or video. If you stick your tongue out, the App will automatically post a “tongue out emoji” on that picture or video. We may update the App accordingly to offer a broader, or more limited, variety and selection of translatable expressions and corresponding emojis. Registered Users will also be able to scroll through content by blinking or tapping the screen.
Please note that we may add to or change these levels of access at any time in our discretion. We may also change, add to, or remove various expressions and/or emotions that the App reads, translates, captures, and/or records. We may make these changes at any time and for any reason. We will notify all Users of any such changes to this feature.
B. License to App. By viewing and/or accessing the Content and the App, GUST grants you a limited license only to access, view, share, screenshot, and download other User’s Content solely through the App for personal, non-commercial uses (the “License”). You may only use the App for these purposes. We currently do not allow advertisements and/or sponsorships on the App. We do not allow Content that is of a commercial or advertising nature. You may not use other Users’ Content for commercial purposes without their prior consent.
The App and our Services are provided to you for free! This means that GUST does not charge you (even if you are a Registered Users) any fees or costs of any kind to access, view, or use the Content and/or the App. However, you recognize and agree that we may at any time change this policy in our sole discretion. In the event that we charge any fees for access to and use of the Content and App, we will post a advance notification to the App prior to charging you. It’s OK to delete your account on the App at any time. You will not be charged any fees of any kind for deleting and/or canceling your account on the App.
A. Content Ownership.
You own all Intellectual Property Rights in and to your own Content that you create and/or post publicly to the App. “Intellectual Property Rights” means all trademarks, trade dress rights, copyrights, rights of publicity, design patents, and patents.
However, by creating and posting your Content through the App, you grant us a non-exclusive, worldwide, fully paid and royalty-free, license to use, modify, delete from, add to, publicly perform, publicly display, and reproduce your Content in any media formats through any media channel(s) owned by us, including the App.
You represent and warrant that: (a) you own all rights to your Content that you post (or otherwise have the permission and license to post that Content), (b) your Content does not infringe or violate any other person’s privacy or publicity rights, (c) your Content does not infringe or violate any other person’s Intellectual Property Rights, and (d) your creation or posting of your Content doesn’t breach any contractual obligation that you have. You agree that you are solely responsible for paying any royalties or fees for any Content that is not yours.
Other than as described above, you agree to not copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, create derivative works from, and/or exploit other Users’ Content and/or any part of the App (no matter the medium, anywhere in the world, for any reason – including for any commercial purpose).
B. Removal of Content
We encourage you to add as much Content as you want. However, we reserve the right to remove any Content at any time in our sole discretion for violation of these Terms or any other code of conduct or Community Guidelines that we maintain. You may flag Content that you genuinely believe doesn’t meet our guidelines or is offensive for review. You may review our current Community Guidelines here along with more details on flagging inappropriate Content.
C. Content Disclaimers. You recognize and agree that any Content posted on the App: (1) Is made publicly available to anyone with the App (we currently do not offer an option to make your Content “private”); (2) Does not necessarily reflect GUST’s opinions or beliefs; (3) Is primarily intended for entertainment and educational value; (4) May not be suitable and/or enjoyable for you, or any specific audience; and/or (5) May include opinions, humor, themes, and/or language that offend you. If you violate this section or otherwise infringe on any other User’s Intellectual Property Rights, we may, in our sole discretion, terminate or suspend your access to the Content and the App.
D. Copyright Claims / DMCA. If you believe in good faith that any of User’s Content infringes on and/or violates your copyrights to any materials, music, audio recordings, visual content, pictures, and/or videos (each, a “Claim”) please notify us by either (1) using our flagging feature in the App, or (2) emailing us at firstname.lastname@example.org We take Claims seriously and will use commercially reasonable efforts to resolve such Claims. We will respond to all Claims, and may, in some cases, temporarily or permanently remove disputed or infringing material, and/or disable links to the infringing material until such Claims are resolved. We follow the Digital Millennium Copyright Act policies, which you can read more about here. You recognize and agree that we may not resolve all Claims and that you may, in certain cases, have to resolve such Claims on your own, independently of GUST.
E. Our Intellectual Property Rights. You agree that GUST and its affiliates, partners, suppliers, parent company, and subsidiaries (“Suppliers”) own all right, title, and interest in and to all (1) the App itself, (2) all of our own trademarks, logos, service marks, trade dress rights, or other source-identifying symbols or devices (whether registered or unregistered), such as the “GUST” trademark; (3) our own copyrightable material (whether registered or registered) that makes up the App (such as our proprietary software and coding); and (4) all design or utility patents in the App (whether registered or registered) (collectively, “GUST IP”).
You agree not to use, exploit, and/or infringe on the GUST IP in any way. F. Gust Awards. Your Content may be featured from time to time in the “Gust Awards”, which is a curated series and aggregation of various Content selected by us that we believe is of particular interest to the community (“Awarded Content”). Awarded Content may be showcased on Users’ individual Content feeds from time to time. We may select and/or remove any Awarded Content in our sole discretion and for any reason.
A. User Restrictions.
When using and accessing the App (or viewing, creating, and posting Content), you agree that you will not do any of the following:
(1) Restrict or inhibit any other User in any way from viewing, accessing, using and/or enjoying the App, the Content, and/or our Services; (2) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication, or engage in spamming or flooding through our App; (3) Transmit any information, software, and/or material, which contains a virus, trojan horse, worm and/or other harmful component; (4) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate, mine, scrape, and/or search the App and/or the Content; (5) Copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, counterfeit, create derivative works from, and/or exploit the Content and/or GUST IP; (6) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up the App and/or the Services; (7) Express or imply that any statements you make are endorsed by GUST, without GUST’ prior written consent; (8) Impersonate any person or entity, whether actual or fictitious, including, but not limited to, any other User, or employee or representative of GUST; (9) Disparage, defame, and/or malign any other User and/or GUST; and/or (10) Use the Content, our Services, and/or the App to stalk, track, monitor, or harass any person for any reason. B. App Monitoring. You recognize and agree that GUST has no obligation or duty to monitor the App. However, you agree that GUST and its Suppliers have the right to monitor the App electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the App and the Services properly; and/or (3) protect itself, its Suppliers and/or its Users.
A. Accurate Information.
To create and post your own Content, we will ask you to sign up for the App. To sign up, we may ask you to provide certain personal information, such as your name, a username, and various other information. You agree to: (1) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input page(s), and registration form(s) on the App; and (2) to maintain and update all such information to keep it true, accurate, current, and complete.
If any information provided by you is untrue, inaccurate, not current, and/or incomplete, we have the right to prevent your access to the App.
If: (1) you do not provide any required information to login, as prompted, and/or (2) GUST can’t verify your identity for login purposes, then you agree that GUST may refuse to allow access to the Content and App.
C. Login and Password. GUST may require you to create a login and password to sign up to create Content on the App. You agree that you are solely responsible for maintaining the confidentiality of your personal login and access information.
D. Use with Your Mobile Device. Access to and use of the Content and the App may be available through a compatible mobile device, Internet, and/or network access, and may require software and/or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
GUST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (1) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE APP AND/OR OUR SERVICES AT ANY TIME, OR FROM ANY LOCATION; (2) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF TELECOMMUNICATION SERVICES; AND (3) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE APP AND/OR OUR SERVICES. GUST WILL NOT BE LIABLE TO YOU IN ANY WAY FOR ANY SUCH DELAYS, INTERRUPTIONS, AND/OR INNACCURACIES.
Emails We may (1) provide you with a way to contact us through the App, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. All electronic communications will be received or otherwise recorded by GUST, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by GUST and its Suppliers. B. Recording. In connection with your use of the App and Services accessible through App, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and GUST, its Suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by GUST and its Suppliers of any and all information and data contained in (1) any communication with GUST and its Suppliers, and (2) any information input posted on or through the App and Services.
We may offer you other services, products, offers, and/or promotions provided through third parties, and not by GUST (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing Third Party Services. You agree that the third party, and not GUST or its Suppliers, is responsible for the performance of the Third Party Services. This may contain or reference links to third parties’ websites and platforms. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by GUST of any information contained in any third party’s website or platform. In no event will GUST be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of GUST. GUST and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.
You agree to defend, indemnify and hold GUST and its Suppliers harmless from any and all claims, liabilities, costs and expenses (no matter how arising), including, but not limited to, reasonable attorneys' fees, arising in any way from (1) your use of the App and our Services , (2) your experience on the App and/or with our Services, whether by you or users of your account, and/or (3) any third party claims against you resulting from your use of any Content.
THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUST AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GUST AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GUST AND YOU. GUST AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE APP, THE CONTENT, AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GUST’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.
These Terms will be governed by the laws of the United States and the state of New York, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Headings are included for convenience only.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. Any dispute, controversy or claim arising out of, or relating to, in any way, these Terms and your access to and use of the App and the Services, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. This agreement to arbitrate under this section shall be specifically enforceable. We may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitration shall be conducted in accordance with the American Arbitration Association rules. The arbitrator shall have at least ten (10) years of experience in the field of online services and platforms and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association The arbitration shall be conducted in the state, county, and city of New York, USA. The laws of the state of New York shall be applied in any such arbitration proceedings, without regard to principles of conflict of laws. All arbitration proceedings will be conducted in English. Except as may be required by law, you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of GUST. The arbitrator shall not be entitled to issue injunctive or other equitable relief. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This section shall survive the termination or cancellation of these Terms. Each party to an arbitration proceeding shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his or her sole discretion.
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.