GUST Terms and Conditions
Welcome to GUST!
These terms and conditions (“Terms”) govern your (the “User”, “you”, or “your”) access to and use of Unique Entertainment Experience SAS d/b/a GUST (“GUST”, "we," "us," "our") websites and mobile applications (“Platforms”). If you have any questions, concerns, or comments on these Terms, you can contact us at: firstname.lastname@example.org
By accessing, viewing, and/or using our Content or Platforms, you indicate that you have read, understand, agree to, and intend to be legally bound by these Terms.
GUST may change these Terms from time to time. Please review the Terms periodically. Your continued access to, and viewing and use of the Platforms and any Content or Services means you accept any and all updates, changes, and modifications.
By accessing and viewing our Content and Platforms, you represent that you are 13 years of age or older, and that you are of legal age to form a binding contract. If you are not of legal age to form a binding contract, you represent and warrant that you have received your parent’s and/or legal guardian’s permission to view, access, and use our Content and Platforms, and that your parent and/or legal guardian agrees to these Terms on your behalf.
If you (1) don’t agree to these Terms, (2) are under 13 years of age, and/or (3) don’t have your parent’s and/or guardian’s permission where required, you are not granted permission to access, view, or use the Content or Platforms and must exit immediately.
OUR CONTENT & SERVICES
GUST is a content distribution platform that allows you to access, view, read, download, and listen to videos, audio/visual, and animated content (“Content”) for your personal, non-commercial use and enjoyment. We provide our Content in individual visual and audio/visual narrative stories based on various themes (“Stories”).
A. Content Offerings.
We currently offer the two levels of access to our Content listed below.
(1) Free Content:
We offer a range of Content for free to our general Users (“Free Content”). This includes access to many Stories up to a certain point. Once the Story freezes, you may (a) wait set times to view and access more of the Story(ies), (b) invite a number of friends to view the Story (as we describe on the Platforms), or (c) subscribe, to view and access the rest of the Story.
The wait time and means to invite friends to view the Story will be listed and provided on our Platforms.
(2) Subscription Content.
We provide our full range of Content to Users who register and subscribe to our Platforms (“Subscription Content”). Subscription Content may include additional Content not accessible by general Users, and will not be frozen at any time. We may also allow Subscription Content to be downloaded, screenshot, and/or saved for personal, off-line viewing. The terms of your use of any downloaded, screenshot, and/or saved Content is set out in more detail under the License section of these Terms.
Please note that we may add to, change, and or discontinue these levels of access at any time in our sole discretion.
B. Changes to Content
We continually try to add new Content to our Platforms to enhance your experience. We reserve the right to add, change, modify, and/or remove any Content at any time in our sole discretion and for any reason, or no reason.
We may also add additional categories of Content that are available by additional and/or different subscription levels.
We do not guarantee that any specific Content will be available at any time.
C. Content Disclaimers.
You recognize and agree that our Content:
(1) Does not necessarily reflect GUST’s opinions or beliefs;
(2) Is primarily intended for entertainment and educational value;
(3) May not be suitable and/or enjoyable for you, or any specific audience; and/or
(4) May include infrequent and/or mild (a) profanity, (b) crude humor, (c) mature and/or suggestive themes, (d) horror and/or fear themes, (e) sexual content and/or nudity, and/or (f) violence.
SUBSCRIPTION FEES AND COSTS
A. No Fees for General Users.
GUST does not charge general users any fees or costs of any kind to access and view our Free Content. However, you recognize and agree that we may change this policy in our sole discretion. In the event that we charge any fees for what is now designated as Free Content, we will post a notification to the Platforms.
B. Subscriber Fees.
If you subscribe to our Subscription Content (“Subscription”), you will be charged subscription fees, which are listed on the Platforms themselves (the “Fees”). The Fees will be billed according to your subscription plan (for example: weekly, monthly, or annually). The subscription plans and their billing cycles will be listed and described on the Platforms.
The Fees will automatically renew each billing cycle based on your Subscription plan. YOU AGREE THAT WE MAY AUTOMATICALLY RENEW YOUR SUBCRIPTION AND CHARGE YOU ON EACH BILLING CYCLE ACCORDING TO YOUR CHOSEN SUBSRIPTION PLAN.
It’s OK to cancel your Subscription at any time. If you cancel your Subscription after you have been billed for your specific Subscription’s current billing cycle, then that Fee will not be refunded to you. However, you will still have access to the Subscription Content until the end of your specific Subscription’s billing cycle. We do not offer refunds of the Fees. You agree that any refunds are in our sole discretion.
C. Fee Processing.
We currently use Apple as a payment processor for Fees. However, we may change our third party payment processors (“Processors”) at any time, for any reason, in our sole discretion. By continuing to view, access, and use our Content and Platforms, you agree that we may transfer your credit card and other related financial information you provide to us to any new Processor(s). By viewing, accessing, and using our Content and Platforms, you agree to the Processors’ Terms & Conditions.
You also agree that we are not responsible for any delays, errors, and/or failures by our Processors, You agree to hold us harmless from any and all liability for any such delays, errors, and/or failures.
D. Changes to Fees and Costs.
We may change our Fees, our billing cycles, and/or our subscription policies in our sole discretion at any time, and for any reason. If we change and/or modify the Fees, we will post a notification to the Platforms. Your use of the Content and Platforms after any changes means you accept the updated terms and acceptance of any changes to our Fees.
LICENSE TO OUR CONTENT & PLATFORMS
A. License to Content.
By viewing and/or accessing our Content and Platforms, GUST grants you a limited license only to access, view, screenshot, and download the Content solely through the Platforms for personal, non-commercial uses (the “License”).
Other than as described above, you agree to not copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, create derivative works from, and/or exploit the Content and/or any part of the Platforms (no matter the medium, anywhere in the world, for any reason). These restrictions also apply to any screenshots and/or downloads of the Content allowed on the Platforms.
If you violate this section or otherwise infringe on any intellectual property rights in and to the Content or the Platforms, we may, in our sole discretion, terminate or suspend your access to our Content and Platforms. In this case, we will have no obligation to refund you for any Fees you previously paid.
B. Copyright Claims / DMCA.
If you believe that any of our Content infringes on and/or violates your copyrights to any materials, music, audio recordings, visual content, pictures, and/or videos (each, a “Claim”) please notify us at: email@example.com We take all Claims seriously and will use commercially reasonable efforts to resolve such Claims, by responding to all such notices, including as required or appropriate by removing any disputed or infringing material, or disabling all links to the infringing material until such Claims are resolved. We follow the Digital Millennium Copyright Act policies, which you can read more about here. You recognize and agree that we may not resolve all Claims and that you may, in certain cases, have to resolve such Claims on your own, independently of GUST.
C. Our Intellectual Property Rights.
You agree that GUST and its affiliates, partners, suppliers, parent company, and subsidiaries (“Suppliers”) own all right, title, and interest in and to all (1) the Content and the Platforms, (2) all trademarks, logos, service marks, trade dress rights, or other source-identifying symbols or devices (whether registered or unregistered) in the Content and Platforms; (3) all text, images, designs, graphics, and/or other copyrightable material (whether registered or registered) in the Content and Platforms; and (4) all design or utility patents, in the Content and Platforms (whether registered or registered) (collectively, “GUST IP”).
A. User Restrictions.
When viewing, accessing and using our Content and Platforms, you agree that you will not do any of the following:
(1) Restrict or inhibit any other User in any way from viewing, accessing, using and/or enjoying the Platforms, the Materials, and/or the Services;
(2) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication, or engage in spamming or flooding through our Platforms;
(3) Transmit any information, software, and/or material, which contains a virus, trojan horse, worm and/or other harmful component;
(4) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate, mine, scrape, and/or search the Platforms and/or the Content;
(5) Copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, counterfeit, create derivative works from, and/or exploit the Content and/or GUST IP;
(6) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up the Platforms and/or the Services;
(7) Express or imply that any statements you make are endorsed by GUST, without GUST’ prior written consent;
(8) Impersonate any person or entity, whether actual or fictitious, including, but not limited to, any other User, or employee or representative of GUST;
(9) Disparage, defame, and/or malign any other User and/or GUST; and/or
(10) Use our Content, Services, and/or Platforms to stalk, track, monitor, or harass any person for any reason.
B. Platforms Monitoring.
You recognize and agree that GUST has no obligation or duty to monitor the Platforms. However, you agree that GUST and its Suppliers have the right to monitor the Platforms electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Platforms and the Services properly; and/or (3) protect itself, its Suppliers and/or its Users.
USER REGISTRATION AND USER INFORMATION
A. Accurate Information.
To access certain Content or become a subscriber, we may ask you to provide certain information, such as your name, a username, and various other information. In consideration for your access to and use of our Content and Platforms, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input page(s), registration form(s), and/or billing form(s) posted on the Platforms; and (2) to maintain and update all such information to keep it true, accurate, current, and complete.
If any information provided by you is untrue, inaccurate, not current, and/or incomplete, we have the right to prevent your access to our Content and Platforms.
You agree we may verify your identity at any time during or after your use of our Content and Platforms. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources.
If: (1) you do not provide any requested information, as prompted, and/or (2) GUST can’t verify your identity, then you agree that GUST may refuse to allow access to our Content and Platforms.
C. Login and Password.
GUST may require you to create a login and password to access certain portions of the Content and Platforms. You agree that you are solely responsible for maintaining the confidentiality of your personal login and access information.
D. Use with Your Mobile Device.
Access to and use of our Content and Platforms may be available through a compatible mobile device, Internet and/or network access, and may require software and/or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
GUST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (1) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SITE AND/OR THE SERVICES AT ANY TIME, OR FROM ANY LOCATION; (2) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (3) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SITE AND/OR THE SERVICES. GUST WILL NOT BE LIABLE TO YOU IN ANY WAY FOR ANY SUCH DELAYS, INTERRUPTIONS, AND/OR INNACCURACIES.
We may (1) provide you with a way to contact us through the Platforms, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
All electronic communications will be received or otherwise recorded by GUST, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by GUST and its Suppliers.
In connection with your use of the Platforms and Services accessible through Platforms, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and GUST, its Suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by GUST and its Suppliers of any and all information and data contained in (1) any communication with GUST and its Suppliers, and (2) any information input posted on or through the Platforms and Services.
Third Party Services
We may offer you other services, products, offers, and/or promotions provided through third parties, and not by GUST (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing Third Party Services. You agree that the third party, and not GUST or its Suppliers, is responsible for the performance of the Third Party Services. This may contain or reference links to third parties’ websites and platforms. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by GUST of any information contained in any third party’s website or platform. In no event will GUST be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of GUST. GUST and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.
You agree to defend, indemnify and hold GUST and its Suppliers harmless from any and all claims, liabilities, costs and expenses (no matter how arising), including, but not limited to, reasonable attorneys' fees, arising in any way from (1) your use of the Platforms, the Materials contained on the Platforms, the Pictures, and the Services, (2) your experience on the Platforms and/or with the Services, whether by you or users of your account, and/or (3) any third party claims against you resulting from your use of any Pictures.
LIMITATION OF LIABILITY
THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUST AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GUST AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GUST AND YOU. GUST AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GUST’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.
These Terms will be governed by the laws of the United States and the state of New York, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Headings are included for convenience only.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU.
Any dispute, controversy or claim arising out of, or relating to, in any way, these Terms and your access to and use of the Platforms and the Services, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
This agreement to arbitrate under this section shall be specifically enforceable. We may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitration shall be conducted in accordance with the American Arbitration Association rules. The arbitrator shall have at least ten (10) years of experience in the field of online services and platforms and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association
The arbitration shall be conducted in the state, county, and city of New York, USA. The laws of the state of New York shall be applied in any such arbitration proceedings, without regard to principles of conflict of laws.
All arbitration proceedings will be conducted in English.
Except as may be required by law, you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of GUST. The arbitrator shall not be entitled to issue injunctive or other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This section shall survive the termination or cancellation of these Terms.
Each party to an arbitration proceeding shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his or her sole discretion.
INTERPRETATION OF THESE TERMS
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.