Welcome to Gweb! These Terms of Service (“Terms”) form a key part of the Gweb User Agreement, a legally binding contract that governs your use of our platform. The User Agreement encompasses these Terms, our Privacy Policy, and all applicable Rules and Policies.
These Terms apply to your access and use of Gweb’s services, including but not limited to our websites, APIs, apps, emails, widgets, advertisements, commerce services, and any other features or offerings that reference these Terms (collectively, the “Services”). They also govern any content you create, upload, or interact with on the Services, such as text, images, audio, or video (“Content”).
By accessing or using Gweb, you confirm that you have read, understood, and agreed to these Terms. References to “we,” “us,” and “our” in this document mean Gweb, the provider of the Services. If you do not agree to these Terms, you may not use the Services.
1. Eligibility to Use the Services
You are permitted to use our Services only if you meet the following criteria:
- You can form a binding contract with Gweb under applicable law.
- You are not barred from receiving services under any relevant laws or regulations.
- You are at least 13 years old.
If you are agreeing to these Terms on behalf of another individual, such as a minor (under the age of majority), or on behalf of a company, organization, government, or other legal entity, you confirm that you have the legal authority to bind them to these Terms.
In these cases, the terms “you” and “your” will refer to you personally, the minor, or the entity you represent, as applicable. If you do not meet these requirements or cannot agree to the Terms, you must not access or use the Services.
2. Privacy and Data Protection
We are committed to protecting your privacy. Our Privacy Policy details how we collect, use, store, and share your information when you use our Services. By accessing or using our Services, you consent to the practices described in the Privacy Policy, including the collection, processing, and transfer of your data.
This may involve transferring your information to countries where we, our affiliates, or service providers operate, including but not limited to the United States and Latvia. These transfers are conducted in compliance with applicable laws to ensure the protection of your data. For more information on how we safeguard your personal information, please review our Privacy Policy.
3. Content
You are responsible for any Content you share through the Services and must comply with all applicable laws. Only share Content you’re comfortable with others seeing.
Using or relying on Content posted on the Services is at your own risk. We do not endorse or guarantee the accuracy, truthfulness, or reliability of any Content shared via the Services, and we don’t support the opinions expressed in such posts. Be aware that you might encounter Content that is offensive, misleading, or inappropriate. All Content is the sole responsibility of the person who posted it, and we do not always monitor it.
We reserve the right to remove Content that violates the User Agreement, including copyright or trademark infringements, impersonation, unlawful conduct, or harassment. If you believe your copyrighted material has been used without permission, report it through our contact form at https://www.gweb.com/contact.
Your Rights and Content License
You retain ownership of any Content you submit, post, or display on the Services, including any audio, photos, or videos.
By posting Content, you give Gweb a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, publish, distribute, and display your Content across any media. This allows us to make your Content available globally and let others do the same. This includes, for example, curating or translating your Content, and using it to improve our Services, including for machine learning and AI training. We may also share your Content with other companies or individuals for similar purposes, without any payment to you. Your use of the Services is considered sufficient compensation for this license.
We have guidelines for how partners can interact with your Content to ensure an open ecosystem that respects your rights. You also agree that we may modify your Content to suit different formats as we or our partners distribute, publish, or broadcast it.
You represent that you have all necessary rights and permissions to grant us the license for any Content you share, and that your Content does not violate any copyright or proprietary rights unless you have permission to do so.
4. Service Usage Guidelines
Please review our Rules and Policies, which outline prohibited conduct. You may only use the Services in compliance with these Terms and applicable laws. Gweb enforces these rules, including for sensitive content.
The Services may change over time. We can modify, limit, or discontinue parts of the Services, impose storage limits, and remove or restrict Content without notice. We may also suspend or terminate users and reclaim usernames without liability.
By using the Services, you agree that we and third-party partners can place ads on the platform, including alongside your Content. We reserve the right to access, read, and disclose information when needed to comply with laws, enforce these Terms, address fraud or security issues, respond to user requests, or protect Gweb and its users. We don’t share personally-identifiable information with third parties except as outlined in our Privacy Policy.
Some features may have additional terms. By using or paying for those services, you agree to any extra terms, which will take precedence if they conflict with these Terms.
Account Management
To access certain features of the Services, you may need to create and maintain an account. You are solely responsible for safeguarding your account credentials, including choosing a strong, secure password and keeping it confidential. Any activities conducted through your account are your responsibility, and Gweb is not liable for losses or damages arising from unauthorized access due to your failure to protect your account.
While you have the ability to manage most communications from us, some notifications – such as important service announcements or administrative updates – are integral to the operation of the Services and cannot be opted out of. These messages ensure you remain informed about critical aspects of your account and the platform.
License for Service Use
We grant you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to access and use the software and features provided as part of the Services. This license is solely for the purpose of enabling you to use and enjoy the Services in compliance with these Terms. You may not sell, sublicense, transfer, or share this license without Gweb’s prior written consent.
The Services and their components are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use Gweb’s name, logos, trademarks, or other brand features without our express written permission.
All rights, titles, and interests in the Services (excluding Content provided by users) are owned by Gweb or its licensors. Any feedback, suggestions, or ideas you provide to us regarding the Services are entirely voluntary. By submitting feedback, you agree that we may use it without restriction or obligation, including for improvement or development of the Services, and without compensating you.
Prohibited Use of the Services
By using Gweb, you agree not to misuse the Services in any way, including but not limited to interfering with their operation or using unauthorized methods to access them. You are prohibited from bypassing technical restrictions, reverse engineering, decompiling, or disassembling the software provided as part of the Services, except where explicitly permitted by law.
Specifically, you must not:
- Access or attempt to access non-public areas of the Services, Gweb’s systems, or the technical infrastructure of our service providers.
- Probe, scan, or test the vulnerability of any system or bypass any security or authentication measures.
- Use unauthorized methods, such as crawling or scraping, to access or search the Services, unless explicitly allowed by Gweb.
- Forge headers in communications, posts, or emails, or provide misleading, false, or deceptive information.
- Disrupt or interfere with any user, host, or network by sending malware, creating an excessive load, spamming, or deploying automated systems to generate or manipulate Content.
- Violate any of Gweb’s Rules and Policies.
You are also prohibited from facilitating or assisting others in violating these Terms. This includes creating, distributing, or using tools or services designed to enable or encourage violations. Any misuse of the Services may result in suspension or termination of your account, as well as legal action.
Termination of Terms
You may end your agreement with Gweb at any time by deactivating your account and discontinuing use of the Services. For information on how we handle your data upon account deactivation, please review our Privacy Policy.
Gweb reserves the right to suspend or terminate your account or cease providing the Services at our sole discretion, if we determine, in our judgment, that any of the following apply:
- You have violated these Terms or any of our Rules and Policies.
- Your account has been involved in unlawful or unauthorized activities.
- Your actions create legal or reputational risks for Gweb.
- Your account has been inactive for an extended period of time.
- Continuing to provide the Services to you is no longer commercially viable.
We will strive to notify you via the email associated with your account or upon your next attempt to log in. Where permitted by law, Gweb also reserves the right to terminate your account for any reason or no reason at all.
If your account is terminated, your license to use the Services and these Terms will end. However, certain provisions of these Terms, such as those related to intellectual property, liability, and dispute resolution, will continue to apply even after termination.
5. Disclaimers and Liability Limitations
Gweb strives to provide reliable, high-quality Services; however, no platform is without limitations. While we aim to maintain a seamless and secure experience, certain factors beyond our control may affect the performance and availability of the Services. To set clear expectations, this section outlines the limitations of our liability and the disclaimers regarding the use of our platform. By using the Services, you acknowledge and accept these terms as part of your agreement with Gweb.
Services Provided “As Is”
Your use of the Services and any Content is at your own risk. The “Gweb Entities” include Gweb, its affiliates, employees, agents, and partners. To the fullest extent allowed by law, Gweb Entities disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee the accuracy, security, availability, or reliability of the Services or Content. We are not responsible for any damage to your computer, data loss, or harm resulting from using the Services. We also do not guarantee that Content will be stored, transmitted, or deleted without issue, or that the Services will be uninterrupted, secure, or error-free.
No advice or information from Gweb, whether spoken or written, creates any warranty beyond what is stated in these Terms.
Limitation of Liability
To the fullest extent permitted by law, Gweb Entities are not liable for any indirect, incidental, special, consequential, or punitive damages, loss of profits, revenues, data, goodwill, or other intangible losses. This includes, but is not limited to, damages arising from:
- Your inability to access or use the Services.
- Conduct or Content of other users or third parties, including offensive, defamatory, or illegal actions.
- Any Content obtained through the Services.
- Unauthorized access, use, or alteration of your transmissions or Content.
Gweb Entities’ total liability will not exceed the greater of $50 or the amount you paid Gweb in the last six months for Services related to the claim.
These limitations apply to any legal theory, whether based on warranty, contract, tort (including negligence), or otherwise, even if Gweb has been advised of the possibility of such damages or if a remedy fails in its essential purpose.
By using the Services, you agree that Gweb is not responsible for the actions or Content of other users or third parties, including any offensive, illegal, or objectionable material.
Liquidated Damages
To safeguard user data, system integrity, and platform resources, you agree to pay liquidated damages if you violate these Terms or facilitate others in doing so. Specifically, if you access or view more than 100,000 posts (including replies) within a 24-hour period without authorization, you agree to pay $5,000 USD for each increment of 100,000 posts accessed. This amount is:
- Not a penalty.
- A reasonable approximation of the damages incurred by Gweb.
- Not a limitation on Gweb’s right to pursue additional remedies, including statutory damages or injunctive relief.
You also agree that repeated violations of the Terms will cause irreparable harm, entitling us to injunctive or equitable relief, in addition to monetary damages.
6. Miscellaneous Provisions
We may update these Terms occasionally, but changes won’t apply retroactively. The most current version will always be available at gweb.com/terms-of-service and will govern our relationship with you. We’ll attempt to notify you of significant changes, such as through email or service notifications. By continuing to use the Services after changes become effective, you agree to the revised Terms.
The laws of the Republic of Latvia, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us, notwithstanding any other agreement between you and us to the contrary. Any dispute relating to these Terms or the Services, including disputes involving third parties or other users, must be brought in the courts of Riga, Latvia. You consent to personal jurisdiction in these courts and waive any objections regarding inconvenience. Gweb also reserves the right to bring claims in any competent court in your country of residence. Where applicable law permits, you waive the right to participate in class actions, collective actions, or other representative proceedings.
Any legal action you bring related to these Terms must be initiated within one year of the event giving rise to the claim. Otherwise, the claim will be permanently barred, to the extent allowed by law.
If any provision of these Terms is found unenforceable or invalid, it will be limited or removed as necessary, but the rest of the Terms will continue in full effect. Gweb’s failure to enforce any right or provision of these Terms does not mean that Gweb waives its right to enforce that provision later.
Although the Gweb User Agreement is available in multiple languages, the English version takes precedence in cases of discrepancies. English is the primary language used to interpret and enforce these Terms.
Effective: November 26, 2024