TERMS AND CONDITIONS
You (hereinafter “User”) represent and warrant that you are at Least 18 years old or visiting the Website Georgiabypost.com (hereinafter “Website”) under the supervision of a parent or representative as defined under Georgian or Relevant Legislation.
You are reading the Terms and Conditions (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Website.
Please read these Terms carefully and make sure that you understand them, before using the Website. Please note that by registering on our Website, you agree to be bound by these Terms. If you do not accept these Terms and Conditions, you will not be able to register on Website and use the Services and you should leave the Website immediately. If you continue to use the Website or if you send/receive a gift/parcel, we will take this as your acceptance of these Terms and Conditions.
In order to register on the Website and receive a service you will be required to provide your personal details. In particular, you must provide your real name and surname, phone number (non-compulsory in case of non-Georgian citizens), E-Mail address (non-compulsory in case of Georgian citizens), username and password for registration address (Country, City, Zip code) and other requested information as indicated.
When you use the Website, or send e-mails to use, you communicate with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes. We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage, or infringe or violate any third party rights, or violate any applicable laws or regulations.
RESPONSIBILITY FOR ACCESS
We may assign you a password and account identification to enable you to access and use certain portion of our Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the website in a manner consistent with the terms and conditions of this agreement, and we have no obligation to investigate the authorization of source of any such access or use of the Website.
You will be solely responsible for all access to and use of this website by anyone using the password and deification originally assigned to you whether or not such access to and use of this website is actually authorize by you, including without limitation all communications and transmissions and all obligations incurred though such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.
Content provided on this Website is solely for providing our services and entertaining purposes. Content or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect our opinions.
Any User Content will be considered non-confidential. You must not post/upload any User Content that you consider to be confidential or proprietary to any other person. When you upload User Content on our Website you agree and represent that you own that User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorized by, the owner of any part of the content to submit such User Content, and/or to otherwise make any use of such User Content.
By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. Except as otherwise provided elsewhere in this agreement or on the Website, anything that you submit, upload, post to the website and/or provide us, including but not limitation photos, videos, Ideas, techniques, questions, reviews, comments and suggestions, is and will be treated as non-confidential and nonproprietary and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions/content by any means and in any forms and to translate, modify, reverse-Engineer, disassemble or decompile such submissions. All submissions shall automatically become our sole and exclusive property, even if you delete it later or immediately from the Website.
When you upload content or submit reviews to the Website you also grant us the right to use the name that you submit/upload with any review or other content, if any, in connection with such review or other content. You represent and warrant that you own or otherwise control all of the right to the reviews and other content that you post on the Website and that use to your reviews or the content by us will not infringe upon or violate the right of any third party. You shall not use a false E-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submission or content. We may but shall not be obligated to, remove or edit any submissions/content for any Reason.
You acknowledge and agree that when you view Content provided by others on our Website, you are doing so at your own risk. We make no representations, warranties or guarantees, whether express or implied, that any Content (including User Content) is accurate, complete or up to date.
We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content or our Content, and under no circumstances will we be liable in any way for any Content. We accept no liability in respect of any content submitted by users, published by us or by authorized third parties.
Where our content contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on Website (including User Content).
DESCRIPTION OF SERVICE
You can enter a short biography text and profile picture in your public user profile. You can record and upload video
As the parcels/gifts received by you are chosen and sent by the individuals, we cannot guarantee that you will receive appropriate parcel/gift and you will be satisfied. We do not control in any way and do take responsibility for the parcels/gifts, sent by the individuals (including their quality, quantity, color, size, nature and etc.) We shall have the right to refuse to send a parcel/gift or cancel any orders.
FORBIDDEN CONTENT AND ACTIONS
You shall not upload to, distribute, or otherwise publish through this Website any content (photo, video, answers, responses, comments, opinions, analysis or recommendations), information, or other material that:
- does or may violate or infringe the copyrights, trademark or other intellectual property or privacy rights of any other person;
- Is libelous, defamatory of any person, offensive, hateful or inflammatory, threatening, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Georgian or International Law; or
- would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- contains a threat of any kind, including threats of physical violence;
- is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality etc.;
- includes any bugs, viruses, worms, trap doors or other harmful code or properties;
- in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Website, or which may expose us, the Website or its users to any harm or liability of any type.
You may not:
- access or use our Website if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or representative;
- make unauthorized copies, download, reproduce, modify, adapt, translate, reverse engineer, disassemble, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any purpose whatsoever, decompile or create any derivative works of the Content of the Website or determine or attempt to determine any source code, algorithms, methods or techniques without our prior written consent.
- distribute, license, transfer, or sell, in whole or in part Content or any derivative works thereof;
- use the Website, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the Website, disrupt our website or any networks connected to the Website, or bypass any measures we may use to prevent or restrict access to the Website;
- incorporate the Website or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Website in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Website;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Website;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age etc.;
- use or attempt to use another’s account, service or system without authorization from us, or create a false identity;
- use the Website to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
We reserve the right, at any time and without prior notice, to remove, disallow, block, delete or disable access to published Content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to Content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to our users. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content
- that we consider to violate these Terms, or
- in response to complaints from other users or third parties, with or without notice and without any liability to you.
As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Website, you agree not to infringe intellectual property rights of any person while using the Website.
Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content uploaded by you on Website, but by submitting User Content, you hereby grant to us and our affiliates, partners and other connected third parties an unconditional irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize others users and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us and our affiliates, partners and other connected third parties a royalty-free license to use your user name, image, and voice to identify you as the source of any of your User Content.
All text, graphic, button icons, images, audio clips, and software belongs exclusively to _________, or its affiliates. The Collection, arrangement, and assembly of all content on the Site (the “Compilation”) belongs exclusively to _________ or its affiliates. All software used on the site (the “Software”) is the property of ________ or its affiliates or its software suppliers. The content, the compilation and the software are all protected by Georgian and International Copyright Laws.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may without prior notice to you immediately terminate the agreement or revoke any of all of your rights granted under this agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the website and we shall in addition to any other legal or equitable remedies immediately revoke all passwords and accounts identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations the parties arising before the date of termination.
The present website may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of a content located on or through any such site.
You agree that our remedy at law for any actual or threatened breach of this agreement would be inadequate and that we shall be entitled to specific performance of injunctive relief or both in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution including without limitation attorney’s fees. No right to remedy of ours shall be exclusive of any other, whether at law or in equity including without limitation damages injunctive relief attorneys; fees and expenses. No instance or waiver by us of our right or remedies under these Terms shall imply any obligation to grans any similar future or other waiver.
Any disputes or claim relation in any way to your use of the site, or to any product or services distributed by us or through our Website, will be resolved by court of Georgia.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforcement of any remaining provision.
CHANGES TO THE TERMS
We amend these Terms from time to time, for instance when we update the functionality of our Services, or when there are regulatory changes. Thus, we advise you to review this page periodically for any changes. We will notify You of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately, after they are posted on this page.