Terms of Service Agreement
GIFITIZE TERMS OF USE
FNSR, LLC Terms of Service
Last Updated: 07/11/2017

This contract is a binding, legal document between FNSR, LLC (the “Owner”), its subsidiaries and affiliates (collectively, “FNSR,” “We,” “Us”), and you governing the use of our services.
1. GENERAL
FNSR provides its services (collectively, the “Services”) to you under this Terms of Service and corresponding Privacy Policy. By accessing, registering for or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service” or this “Agreement”) and all applicable laws.
You are only allowed to use our Services if you agree to our Terms of Service and corresponding Privacy Policy. If you do not agree to these documents, you must not use our Services.
2. AGE REQUIREMENT
Our Services require that all users are old enough to form a binding, legal contract with FSNR (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Terms of Service and Privacy Policy with your parent or guardian to understand the rules of conduct that correspond with the FNSR Services. FNSR does not permit any user under the age of 13 to create an account.
3. PRIVACY POLICY
In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found by clicking here 
4. COMPLIANCE AND DISCLOSURE
FNSR reserves the right to contact you regarding our or your compliance with, and the performance of, these Terms or any activities related to our Services.
FNSR may also disclose these activities or content relating to the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities relating to the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of FNSR, Service users, or the public.
5. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all of our users. By using the FNSR Services, you specifically release FNSR from all liability arising from your use of any third-party website, third party services, or interaction with any third party.
6.  CONTENT
Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
User Content. All Content added, uploaded, submitted, distributed, posted to, or created using the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you represent that any User Content you create using tools accessible on the Services does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sub licensable and non-transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right or these Terms of Service.
6. MODIFICATION OF TERMS
FNSR reserves the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. It is your responsibility to regularly visit and review this Agreement and the Privacy Policy. If you do not agree to modifications to our Terms of Service and Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service. 
7. USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
FNSR Code of Conduct
Gifitize (the “Application”) allows users to save GIFs and share them on a social media application.  The following requirements apply to your use of the application:
You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not use the Application to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users of the Application.
You will not use the Application for any commercial purpose not expressly approved by Owner in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You will not use the Application when you are driving a motor vehicle, even if doing so is legally permitted in your location.
You will not infringe on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
Copy Restrictions
FNSR respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
decompile, disassemble, or electronically transfer our Services to third parties;
modify our Services in any way;
reverse engineer, or permit others to reverse engineer, our Services;
copy the user manuals, help features, user forums and other documentation associated with our Services;
rent, lend, publicly perform, present, broadcast or distribute our Services;
make derivative works of our Services;
translate our Services into another computer language; 
use our Services on a device that you do not own or control; 
copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
8. TRADEMARKS AND COPYRIGHTS
The Application is owned by Owner or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Owner or its affiliates or agents. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the written permission of Owner or such third party that may own the trademarks displayed in the Application. Your use of the trademarks displayed in the Application, or any other content in the Application, except as provided herein, is strictly prohibited.
Images displayed through the Application are either the property of, or used with permission by, Owner or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
9. TERM AND TERMINATION
By using our Services, you understand and agree that FNSR, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Use, and suspend or block your access to our Services.
a.    Termination or Cancellation by FNSR
FNSR reserves the right, at its sole discretion, to terminate your use of the Services. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
10.  REPRESENTATIONS AND WARRANTIES
FNSR represents and warrants that in performing the Services provided in this Agreement that:
It has the authority and is legally able to form a binding contract with you;
It will, at a minimum, conform to generally accepted industry standards and practices;
It will be qualified by education and experience to perform the duties required in this Agreement; and
It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
You represent and you warrant that you are legally able to form a binding contract with FNSR, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
You agree to be solely responsible for all content on your account. 
You agree to use our Services only for purposes that are legal, proper and according to the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.
You represent and you warrant that you will not use FNSR Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of FNSR and are grounds for suspension or termination of your account.
12. INDEMNIFICATION
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless FNSR, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service; 
Your use of and/or access (or any use or access by a third party on your account) to the Services; 
Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
13. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FNSR, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE FNSR SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FNSR HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO FNSR SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO FNSR DURING THE PRIOR THREE MONTHS IN QUESTION.
14. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FNSR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FNSR DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF FNSR SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FNSR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
15. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service
17. NO AGENCY
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and FNSR by this Agreement.
18. NOTICE
You agree that FNSR may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on FNSR Services.
19. MISCELLANEOUS
Entire Agreement
The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and FNSR and govern your use of the Services, superseding any prior agreements between you and FNSR for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting FNSR’s liability will survive the expiration or termination of this Agreement.
Choice of Law and Forum
The Terms of Service and the relationship between you and FNSR are governed by the laws of the State of Maryland. You and FNSR agree to submit to the personal and exclusive jurisdiction of the courts located within Prince George’s County, Maryland.


Assignment
FNSR may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. FNSR may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If FNSR does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by FNSR in writing.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FNSR Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. QUESTIONS OR ADDITONAL INFORMATION
If you have any questions regarding FNSR, this Agreement, our Privacy Policy, or any other additional information, please email us at: Gifitize@gmail.com
To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of this page.