Terms of Service

Last Updated: June 1, 2022

These Terms of Service ("Terms"), which include and hereby incorporate the Privacy Policy at https://account.varzea.co/privacy.html ("Privacy Policy"), are a legal agreement between Gjenuine Inc., a Delaware corporation with address at 3000 Olympic Blvd, Santa Monica, CA 90404 (the "Company" or "we") and you ("you"). By using or accessing the Varzea application (the "App") or the website located at https://varzea.co (the "Site"), which are collectively referred to as the "Service," you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective seven (7) days following posting on the Service, and your continued use of the Service after the effective date will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

1. Service Description; Eligibility

Varzea, and its applications, are internet services (the "Service", "we", "our" or "us"). "You" or "your" means an adult user of any of the services for yourself, and you as parent or guardian for any child under the age of 13 who you expressly invite to join, for whom you will be held liable and strictly responsible. The Service is generally intended for adults. The service facilitates the creation of a collage featuring photos published on a specified Instagram account in 2018.

2. Use of Service; Security Obligations

You are responsible for all usage that originates from your account. Failure to provide us with accurate, complete and updated information will constitute a breach of this Agreement.

3. Limited Use License

You are licensed to use for personal use only (a) the Service, and (b) the photos and other materials ("Content") which are owned by you and which appear as part of the Service.

When you send Content to the Service, you are granting us a limited license to host that Content and distribute according to our Privacy Policy.

4. Acceptable Use

You agree not to use the Service:

• to interfere with or disrupt the operation of the Website or the servers or networks used to make the services available; or violate any requirements, procedures, policies or regulations of such networks.
• for any unlawful purposes;
• to upload, send, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person’s copyrighted work; this may include, but is not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service;
• to upload, send, email or otherwise transmit any material which is likely to cause harm to our or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service;
• for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
• to promote information that you know or believe to be false or misleading;
• to remove any copyright, trademark or other proprietary rights notice from the Varzea Service or materials originating from the Varea Service;
• Create a database by downloading and storing Varzea data/information;
• for any other commercial purpose except the ones explicitly stated on the Services;
• to impersonate any person or entity, including, but not limited to, an employee of Varzea, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure.

You further agree that:

• You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
• You will not use email, or any other communication information, from us or our affiliates to create "spam" emails.

5. Trademarks

All brand, product and service names, including any images or logos, used in conjunction with this Service which identify Varzea are, in each case, proprietary marks of Varzea. Nothing in this Service shall be deemed to confer on any person any license from Varzea with respect to any such brand, product or service name, image or logo.

6. Privacy

Please review our Privacy Policy located at https://account.varzea.co/privacy.html

7. Service Availability

We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Varzea. From time to time, and without notice to you, Varzea may add or delete certain features or function from the services we provide. You agree that Varzea shall not be liable to you for any modification, suspension or discontinuance of any of its Services.

8. Liability Disclaimer

The information, products and services included on this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Varzea, and its third party suppliers, provide all Content in its Services "AS IS", and without any warranty of any kind.

NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY OR ACCURACY OF THE CONTENT OR THE SERVICE FOR ANY PURPOSE. WE AND OUR THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CONTENT AND THE SERVICES, INCLUDING CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN THE CASE OF GOODS OR SERVICES PURCHASED VIA THE SERVICE, ANY WARRANTY IS SUPPLIED BY THE MANUFACTURER AND WE PROVIDE NO SUCH WARRANTY. IN NO CASE WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOST OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY IN PART TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

9. Subscriptions & Payments

Information about subscription plans and prices would be provided on our Website while requesting for a subscription of a service. You agree to pay the price for the subscription or service as per the pricing schedule indicated in the Website. 

Our billing is handled by Stripe. By paying for Products through the Service, you agree to be bound byStripe’s Privacy Policy andStripe’s Checkout User Terms and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with Payment Provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. Varzea shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).

Your subscription will commence on the day you enter into this Agreement by making a valid payment for subscription on our Website and shall continue to remain in force unless terminated in accordance with these Terms. 

We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to any subscription plan or service offering. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. You will make timely payment of all such taxes, duties or government levies related to your Subscription. 

You can cancel your subscription on our Website.

10. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. Miscellaneous

Except to the extent specifically provided above under "Special Admonitions for International Use", this Agreement is governed by the law of the United States, without regard to any otherwise applicable conflicts of law principles. Any action to enforce this Agreement shall be brought in the courts located in the United States.

12. Contacting us

Please also feel free to contact us if you have any questions about this Terms of Service or the information practices of the Services. You may contact us as follows: support@varzea.co