A few words from our lawyers... The same people we hire to protect us from lawyers!
Gyventi Inc. is a privately owned U.S. corporation. The terms and conditions herein constitute a legally binding contract between you and Gyventi Inc. This contract puts across your rights and responsibilities when you use our services, so please read it carefully. By using our services, you agree to the terms and conditions described herein. If you don't agree or you are not legally competent, then you may not use our services.
Access to some functionalities of our services will require you to register for an account and provide certain information. You agree to provide and maintain current, complete and accurate account information. We reserve the right to verify account information at any time and without notice, and may subsequently limit account access until such verification has been completed.
Underage Users Policy
For legal reasons, account holders must be at least (18) eighteen years old regardless of the age of majority where they live. A person under the age of (18) eighteen can use an adult's account with the permission and supervision of the account holder. However, the account holder is responsible for any activity on that account, including legal and financial obligations. We may offer products and services intended for individuals under the age of (18) eighteen, but these products and services are sold to individuals over the age of (18) eighteen.
By using our services, you agree to interact with our services (including other service users) in a manner that is honest, courteous, responsible and fair. In addition, you agree to abide by the following rules:
- - Don't infringe in any way upon the rights of others, including someone's privacy or intellectual property rights.
- - Don't defame, harass, stalk or threaten others.
- - Don't use our services to publish any personally identifiable information about yourself or others.
- - Don't use our services for any purpose that is unlawful or prohibited by our terms, conditions, and notices.
- - Don't use our services in any manner that could damage, disable, overburden, or impair our services, or the networks and servers connected to our services, or interfere with any other party's use of our services.
- - Don't attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to our services.
- - Don't attempt to artificially manipulate any listing, feedback rating, reviews or search standing.
- - Don't engage in unsolicited or unauthorized advertising.
- - Don't engage in malicious or deceptive practices.
- - Don't violate the restrictions in any robot exclusion header.
- - Don't engage in automated data collection or submission practices.
- - Don't circumvent or manipulate our fee structure or the billing process.
- - Don't create or use multiple accounts in order to evade our policies or bypass any account restriction.
Please be aware that any fraudulent or unlawful conduct may be subject to reporting and investigation by law enforcement agencies.
User content or user-generated content (UGC) includes any information you (or other service users) publicly post or publish while using our services, such as but not limited to usernames, profile pictures, photos, graphics, product listings and descriptions, reviews, discussions, questions, suggestions, ideas, comments, audio and video clips, documents, links, etc.
Please note that while you retain ownership to content you publicly generate while using our services, you also grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content in any format and through any channel.
You acknowledge that any content you post through our services does not violate the intellectual property rights of others. Please be aware that certain content you submit may be permanent and may not be edited or deleted, even if your account is terminated for any reason.
We do not allow content that promotes or condones violence, or whose primary purpose is inciting hatred, racism, or unlawful behavior. Any form of "hate speech" is strictly prohibited.
We do not prescreen user generated content and take no responsibility for the accuracy, copyright compliance, legality or decency of content posted by users of our services or content supplied by third parties. We make no representations, take no responsibility, and assume no liability for such content.
While we are under no obligation to monitor or remove user-generated content, any content that in our sole discretion violates our policies or restricts or inhibits anyone else from using or enjoying our services, will not be permitted and will be removed without notice. We reserve the right to remove, delete or edit any content for any reason and without notice. We also reserve the right to take technical and legal steps to safeguard our services.
You may use our services to interact with others, either online or in person. You release us from all liability relating to such interactions.
Gyventi Inc. and its employees do not accept or consider unsolicited ideas. Gyventi Inc. will not compensate you for any ideas and makes no assurances that your ideas will be treated as confidential or proprietary.
Personal Use Limitation
Unless otherwise specified or agreed upon in writing through a separate agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, source code, or software obtained from our services.
All content included in or made available through any of our services, such as but not limited to typography, graphics, design elements, logos, icons, audio and video clips, digital downloads, data compilations, source code and software is the property of Gyventi Inc. or its content providers and is protected by United States and international copyright and/or trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of our services without the prior express written consent of Gyventi Inc.
Certain graphics, logos, page headers, button icons, scripts, and service names included in or made available through our services are trademarks or trade dress of Gyventi Inc. in the U.S. and other countries. All other trademarks are the property of their respective owners. If you would like to use our trademarks, please contact us in order to obtain permission.
Claims of Intellectual Property Violations
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material provided by our services infringes upon any intellectual property which you own or control, you may file a DMCA Notice of Alleged Infringement with Gyventi's designated copyright agent:
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to file a counter-notice pursuant to sections 512(g)(2) and (3) of the DMCA. Learn more at the U.S. Copyright Office website. You may file a counter claim with Gyventi's designated copyright agent.
Attn: Legal Department
PO Box 220303
Hollywood, FL 33022
Service Outages and Data Loss
We periodically schedule system maintenance, which may partially or entirely render our services inaccessible for a duration of time. Unplanned or unforeseen system outages may also occur without notice.
This document does not create any partnership, joint venture, agency, sales representative, employment or franchisee relationship between you and Gyventi Inc.
Disclaimer of Warranties
Our services are provided "as is" and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. You use our services solely at your own risk.
We do not manufacture or produce any of the items sold through our services by third parties, therefore we cannot make any warranties. If you have any questions regarding a manufacturer's warranty, please contact the manufacturer. You release Gyventi Inc. from any claims related to items purchased through our services, including defective items, misrepresentations or items that may cause any kind of injury.
Before you act on information you have found on our services, you must independently verify and confirm any facts that are important to your decision. Despite our efforts to display accurate information, we do not warrant that our content is accurate, complete, reliable, current, or error-free. Please note that marketplace sellers assume all responsibility for their listings.
Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, neither Gyventi Inc., nor its directors, employees or agents shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with our services or this contract.
In no event shall Gyventi’s aggregate liability for any damages exceed the greater of ($100) one hundred U.S. Dollars or the amount you paid to use our services in the (12) twelve-month period preceding the filing of a claim.
You agree that your sole remedy, if any, for problems with or claims regarding products and services sold directly to you by Gyventi Inc.; is to seek a return, an exchange or refund for such item(s) or service(s) in accordance with the terms of sale.
Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
You understand and agree that you are personally responsible for your actions and behavior while using our services. You agree to indemnify, defend and hold harmless Gyventi Inc, its directors and employees from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use our services, or any breach by you of this contract. We also reserve the right to handle our legal defense however we see fit, in which case you agree to cooperate with us.
You may terminate your account at any time as long as it is in good standing and has no outstanding balance. Once an account has been terminated, it cannot be reinstated or reopened. If your account is not in good standing or has an outstanding balance, you can't terminate it until all matters have been resolved. Terminating your account does not permanently delete your account data. Account information will be retained in accordance with our privacy statement.
Gyventi Inc. may terminate or suspend any account at any time, for any reason, and without advance notice. The terms and conditions herein will remain in effect after any account or service has been terminated.
Access to our Services
We may discontinue, terminate or suspend any of our services at any time, for any reason, and without advance notice. We may also refuse or block service to anyone, at any time, for any reason.
Governing Law and Legal Disputes
By using our services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the terms herein and any dispute of any kind that might arise between you and Gyventi Inc. Any cause of action you may have with respect to your use of our services must be commenced within (1) one year after the claim or cause of action arises.
You understand that by agreeing to the terms herein, you and Gyventi Inc. are each waiving the right to trial by jury or to participate in a class action. You agree that any legal dispute between you and Gyventi Inc. will be settled by individual binding arbitration, using the English language. Arbitration will be administered by the American Arbitration Association (AAA) under its commercial arbitration rules. Gyventi Inc. is headquartered in Hollywood, Florida, so any legal action against the company, related to its services or this contract must be filed and take place in Broward County, Florida. That means the seat of any arbitration shall be Broward County, Florida.
Trade Control Laws
When you use our services, you must comply with trade control laws of the United States or other jurisdictions depending on your location. In order for us to comply with U.S. laws, we don't allow organizations, businesses, or individuals to have or register for accounts from the list of countries below. No shipments or sales to those countries can be conducted through our services. In addition, you may not list any products or services that originated from those countries.
- - Cuba
- - Iran
- - North Korea
- - Syria
- - Sudan
- - Crimea Region of Ukraine
Right to Modify
Technology and Internet laws are ever changing and a future update to the terms and conditions herein is inevitable. Gyventi Inc. reserves the right to modify the terms herein at any time and without notice. Whenever we change the provisions of this contract, we will post the new version online and provide a clear and conspicuous notice to all service users. Additionally, we may send an email communication or SMS message notifying account holders of such update. Any modifications to the terms herein will be effective once posted. You are responsible for reviewing and becoming familiar with any revisions. Your continued use of our services following any revision constitutes your acceptance of the newly revised terms.
If any provision of the terms herein is determined to be unenforceable, or invalid, such determination shall not affect the validity or enforceability of the remaining provisions.
The headings contained herein are solely for reference and convenience only and are not intended to have any substantive significance in the construction or interpretation of the terms.
No Legal Advice
We encourage you to ask questions before you agree to any contract. If you have any questions or concerns regarding this document, please contact us.
Last Updated: June 30, 2018