Terms and Conditions for GRATITUDE FILL-UP

Software Applications, Web Sites and Services

GRATITUDE FILL-UP requires that you carefully read and agree to the following Terms and Conditions before using any GRATITUDE FILL-UP software applications, websites and services. By accessing, browsing, or using GRATITUDE FILL-UP websites or using any GRATITUDE FILL-UP software applications or services, you accept and are bound by these Terms and Conditions. This document is subject to change by GRATITUDE FILL-UP at any time. Use of GRATITUDE FILL-UP software applications, websites and services after changes or modifications to these Terms and Conditions shall be deemed to constitute acceptance of such changes or modifications.

If you do not agree to these Terms and Conditions, you are not authorized to access or use GRATITUDE FILL-UP software applications, websites and services, and you are to cease using our software applications, websites and services.

GRATITUDE FILL-UP websites and software applications must be downloaded and accessed by individuals 18 years of age or older or children aged 13 – 17 under supervision of an adult. Children aged 13 – 17 accessing any GRATITUDE FILL-UP website or using any GRATITUDE FILL-UP software applications or services under this agreement must use them under adult supervision.

GRATITUDE FILL-UP websites and software may not be downloaded and/or accessed by children under 13 years old.

1. Prohibited Uses 

In accepting these Terms and Conditions, you agree to not use GRATITUDE FILL-UP applications, websites or services in connection with the following prohibited uses: 

A. Violations of Law: You are prohibited from using GRATITUDE FILL-UP applications, websites or services in or in connection with criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements. You also agree not to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any other person(s). If such violations occur, GRATITUDE FILL-UP may and will report such activities to the appropriate law enforcement agencies, regulators, or other third parties.

B. Security Violations: You are prohibited from attempting or carrying out any activities that may harm the security of GRATITUDE FILL-UP applications, websites or services. Any attempts may also result in criminal or civil liabilities to you. Such violations include but are not limited to:

(1) Logging into an account of another without permission.

(2) Downloading any applications without parental permission and supervision. 

(3) Using any GRATITUDE FILL-UP applications, websites or services without adult supervision.

(4) Impersonating another user of any GRATITUDE FILL-UP software applications or websites. 

(5) Accessing data of another or of GRATITUDE FILL-UP or taking any action to obtain services not intended for your use.

(6) Probing, scanning, or testing the vulnerability of GRATITUDE FILL-UP applications, GRATITUDE FILL-UP servers or GRATITUDE FILL-UP computing infrastructure.

(7) Tampering, hacking, modifying, or attempting to corrupt or breach security or authentication measures of GRATITUDE FILL-UP applications, GRATITUDE FILL-UP servers or GRATITUDE FILL-UP computing infrastructure.

(8) Transmitting material, electronic communications or electronic correspondence on, through or with GRATITUDE FILL-UP applications, GRATITUDE FILL-UP servers or GRATITUDE FILL-UP websites that [a] contains viruses, Trojan horses, worms, time bombs, cancelbots, or [b] causes or attempts to cause “flooding,” “mailbombing,” “crashing”, DDOS attacks on any website or computing infrastructure or any other devices or otherwise damages or disrupts any website or computing infrastructure.

  (9) Selling or giving access to your GRATITUDE FILL-UP account to someone else.

  (10) Collecting data on any GRATITUDE FILL-UP users. 

(C) Threats or Threatening behavior: You are prohibited from threatening or using GRATITUDE FILL-UP software applications, websites or services to harass or threaten others. This includes downloading software applications for the sole purpose of harassing others. 

(D) Offensive and/or Unlawful materials: You are prohibited from using GRATITUDE FILL-UP software applications, websites and services in connection with unlawful purposes. You are also prohibited from using any GRATITUDE FILL-UP software application, website or services for the propagation of offensive matter such as hate speech and pornography. 

(E) Spam: You are prohibited from using GRATITUDE FILL-UP software applications, websites and services in any way to perpetuate spam. 

(F) Harassment: You are prohibited from using GRATITUDE FILL-UP software applications, websites and services to harass or bother people. 

(G) Miscellaneous Prohibitions: You also agree that you will not use GRATITUDE FILL-UP software applications and GRATITUDE FILL-UP websites to: (a) post or upload content meant to solicit; (b) infringe the intellectual property rights of others; (c) falsify, delete or mutilate author attributions or proprietary legal notices; (d) harvest, collect, accumulate or otherwise gather information about others, such information includes but is not limited to email addresses and personally identifying information. 

GRATITUDE FILL-UP reserves the right to determine in its sole discretion, whether a user has used the GRATITUDE FILL-UP software applications, websites or services in an impermissible way. GRATITUDE FILL-UP also reserves the right to terminate access to GRATITUDE FILL-UP software applications, websites or services for any user GRATITUDE FILL-UP determines is using the software application, websites and services for violation of any of the above or in a way deemed unfit. GRATITUDE FILL-UP may or may not notify you before taking such action against you. 

2. Intellectual Property 

GRATITUDE FILL-UP owns various copyrights in its software applications and websites, including in the text, software, computer code, photos, video, graphics, music and sound included and provided with the GRATITUDE FILL-UP software applications and websites. Nothing in this agreement shall be construed as giving any user the permission to use or create derivative works of anything included in its software applications and websites. No copying, redistribution, retransmission, publication, exploitation (commercial or non-commercial) of the GRATITUDE FILL-UP software applications, any GRATITUDE FILL-UP websites and any related material is permitted without the express written permission of GRATITUDE FILL-UP. Portions of the GRATITUDE FILL-UP software applications and websites are protected by copyright, trade dress, trademark, and other state and federal laws. The GRATITUDE FILL-UP software applications, websites and related materials may not be copied or imitated in whole or in part, by any means. GRATITUDE FILL-UP holds trademark rights in the GRATITUDE FILL-UP name. Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any license or right to use any service mark or trademark owned or used by GRATITUDE FILL-UP.

3. DMCA Policy 

GRATITUDE FILL-UP respects the intellectual property of others and expects that its users will do the same. If you are a copyright holder and believe that a GRATITUDE FILL-UP software application or website is being used to infringe a copyright or includes items infringing your copyright, please provide a notice of alleged infringement to GRATITUDE FILL-UP at dmca@gratitudefillup.com. The notice must include your name, email address, phone number, address, and any associated affiliation (for example, a rights holder’s name). You should also identify each instance of allegedly infringing content. You should also include the following statements in your notice:

a. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).

b. I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.

4. Privacy Policy 

The privacy of our users is important to us. This Privacy Policy explains how we collect, use, and share information we obtain through your use of the GRATITUDE FILL-UP software applications and websites.

GRATITUDE FILL-UP software applications and websites collect certain information on anyone accessing or using the applications and websites including the user’s name, email address, phone number, address, city, state and country and may also collect device information, geolocation information and advertisers visited. If you would like a copy of your personal information, please contact us at privacy@gratitudefillup.com.  If you would like your personal information removed from our systems, please email a request to remove@gratitudefillup.com. 

GRATITUDE FILL-UP connects users. To facilitate this, GRATITUDE FILL-UP software applications and websites share information about you with other users. This includes your profile information (including your first and last name, city or state, and date of birth) and information about your activities on the GRATITUDE FILL-UP software applications and websites. Your posts and other User Content (defined below) shared on GRATITUDE FILL-UP software applications and websites will be visible to other users. We do not share your date of birth or your email address with other users without your consent.

We do not share your information with third parties except in the following circumstances:

a. With vendors, consultants, and other service providers who need access to such information to carry out work for us;

b. In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements; and

c.  If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of GRATITUDE FILL-UP or others.

We may share aggregated information which cannot reasonably be used to identify you with advertiser, partners and other third parties.

We are concerned with privacy of all and the safety of children who access the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we never request personally identifiable information from any user under the age of 13. If we believe a user under the age of 13 has somehow provided us with information, we will use our best effort to remove such information from our records. If a parent or guardian becomes aware their child has given us such information, contact us at privacy@gratitudefillup.com. 

5. Cookies and other data

GRATITUDE FILL-UP websites and software applications use cookies, identifiers and other similar tracking technologies. When you access or use the GRATITUDE FILL-UP websites and software applications, certain information is stored as cookies and in other forms on your computer or mobile device. The use of cookies, identifiers and other similar tracking technologies is an industry standard. GRATITUDE FILL-UP may use cookies and other data stored on your computer or mobile device to improve and customize features and advertisements. By accessing and/or using the GRATITUDE FILL-UP websites and software applications you consent to the storage of cookies, identifiers and other tracking technologies on your computer or mobile device.

6. Email Newsletter

By creating an account and registering with GRATITUDE FILL-UP you consent to receive regular email newsletters from GRATITUDE FILL-UP. If at any time you want to unsubscribe from our newsletter or receive less email from us, please contact us at newsletter@gratitudefillup.com.

7. User Content

GRATITUDE FILL-UP software applications and websites allow you and other users to create, post, store and share content, including messages, text, photos, audio, and videos (collectively, “User Content”). Except for the license you grant below, as between you and GRATITUDE FILL-UP, you retain all rights in and to your User Content.

You grant GRATITUDE FILL-UP a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through GRATITUDE FILL-UP software applications and websites, you understand that your User Content and any associated information (which may include your username and/or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

8. No Warranty; Disclaimers 

GRATITUDE FILL-UP provides no warranties regarding its software applications, web sites and services. Software applications, web sites and services provided by GRATITUDE FILL-UP are downloaded, accessed and used on an “as is” basis. The user is required to read the instructions and use software applications, web sites and services properly and for their intended purpose. Adult supervision is always required for download, access and use of GRATITUDE FILL-UP software applications, GRATITUDE FILL-UP websites and GRATITUDE FILL-UP services. GRATITUDE FILL-UP makes no representation or warranty of any kind that the GRATITUDE FILL-UP software applications, websites and services will run continuously, be available at all times, will run without error or will continue to be operational in perpetuity. GRATITUDE FILL-UP reserves the right to discontinue at any time its software applications, websites or service partially or in their entirety. GRATITUDE FILL-UP will use its best efforts to post information about any feature and functionality changes and terminations to its websites.

9. Indemnity 

By using the GRATITUDE FILL-UP software applications, web sites and services, you agree to indemnify and hold harmless GRATITUDE FILL-UP and all its affiliates and subsidiaries, officers, agents, employees, and suppliers, from and against any claims, suits, or demands, liability or expense (including reasonable attorney’s fees) arising from or in any way related to your use of GRATITUDE FILL-UP software applications, websites or services. If you misuse GRATITUDE FILL-UP software applications, websites or services, you also agree to indemnify GRATITUDE FILL-UP for claims and damages incurred by GRATITUDE FILL-UP and/or third parties resulting from or in any way related to the misuse. These claims include assertion of libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation in connection with software applications, websites or any related content, including any links; any breach by you of any duty, representation, warranty under this or any agreement with GRATITUDE FILL-UP, or any claim relating to a contaminated file, virus, worm, Trojan horse, or other device that could impair or injure any person or entity emanating from GRATITUDE FILL-UP software applications, services, websites or any related content. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to GRATITUDE FILL-UP.

10. Governing Law; Attorneys’ Fees and Statue of Limitations

You agree that your use of GRATITUDE FILL-UP software applications, websites and services shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement will be resolved in state courts in Los Angeles, California or Federal Courts of the Central District of California in Los Angeles, California, to whose jurisdiction you consent. In any litigation brought in connection with the GRATITUDE FILL-UP software applications, websites and services, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by the prevailing party. Except to the extent prohibited by applicable law, any claim or cause of action arising out of or related to GRATITUDE FILL-UP software applications, websites and services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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