Terms of Service
What’s in these terms?This index is designed to help you understand some of the key updates we’ve made to our Terms of Service (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.
Welcome to GnarPowPow!This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, and names your service provider.
Who May Use the Service?This section sets out certain requirements for use of the Service, and defines categories of users.
Your Use of the ServiceThis section explains your rights to use the Service, and the conditions that apply to your use of the Service. It also explains how we may make changes to the Service.
Your Content and ConductThis section applies to users who provide Content to the Service. It defines the scope of the permissions that you grant by uploading your Content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
Account Suspension and TerminationThis section explains how you and GnarPowPow may terminate this relationship.
About Software in the ServiceThis section includes details about software on the Service.
Other Legal TermsThis section includes our service commitment to you. It also explains that there are some things we will not be responsible for.
About this AgreementThis section includes some further important details about our contract, including what to expect if we need to make changes to these Terms; or which law applies to them.
Terms of ServiceDated: March 17, 2021
Welcome to GnarPowPow!We have updated our Terms of Service on March 17, 2021 to clarify how children of all ages may use the Service if enabled by a parent or legal guardian.IntroductionThank you for using the GnarPowPow platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”). Our ServiceThe Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Among other things, the GnarPowPow Partner Program and GnarPowPow Paid Memberships and Purchases (where available). You can also read all about enjoying content another devices like your television and game console. Your Service provider entity providing the Service is ForwardSocial LLC, a company operating under the laws of Indiana, located at (referred to as “GnarPowPow”, “we”, “us”, or “our”). References to GnarPowPow’s “Affiliates” in these terms means the other companies within the Alphabet Inc. corporate group (now or in the future). Applicable TermsYour use of the Service is subject to these terms, the GnarPowPow Community Guidelines and the Policy, Safety, and Copyright Guidelines which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on Gnarpowpow policy if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?Age Requirements: You must be at least 18 years old to use the Service. No exceptions are made and the 18 year old age limit is strictly enforced.If you are found to be operating an account and are below the 18 year old minimum age to join Gnarpowpow.com your account and IP address will be banned and that information may be forwarded to authorities. Businesses If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the ServiceContent on the ServiceThe content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, GnarPowPow or a third-party (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the Service. GnarPowPow is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us at firstname.lastname@example.org
ReservationUsing the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or GnarPowPow.Changes to the ServiceGnarPowPow is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from GnarPowPow and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with GnarPowPow’s robots.txt file; or (b) with GnarPowPow’s prior written permission;
- collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- run contests on or through the Service that do not comply with Gnarpowpows contest policy guidelines;
- use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
- use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where GnarPowPow videos are the main draw for users visiting the webpage).
Your Content and ConductTHIS IS NOT A PORNOGRAPHIC WEBSITE.
Pornography is strictly prohibited. Any videos or images showing full frontal nudity or depicting sex acts will be deleted immediately and the user will be subject to suspension or account ban.
Uploading Content If you have a GnarPowPow channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Gnarpowpow community guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content. Rights you GrantYou retain ownership rights in your Content. However, we do require you to grant certain rights to GnarPowPow and other users of the Service, as described below. License to GnarPowPowBy providing Content to the Service, you grant to GnarPowPow a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and GnarPowPow’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service. License to Other UsersYou also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service. Duration of LicenseThe licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that GnarPowPow may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. Right to Monetize: You grant to GnarPowPow the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting November 18, 2020, any payments you may be entitled to receive from GnarPowPow under any other agreement between you and GnarPowPow (including for example payments under the GnarPowPow Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, ForwardSocial will withhold taxes from such payments. Removing Your ContentYou may remove your content from the Service at any time. You also have the option to make a copy of your content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By GnarPowPowIf we reasonably believe that any Content is in breach of this Agreement or may cause harm to GnarPowPow, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for GnarPowPow or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, GnarPowPow or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the troubleshooting page of our Help Center.
Copyright Protection We provide information to help copyright holders manage their intellectual property online in our Gnarpowpow copyright center. If you believe your copyright has been infringed on the Service, please send us a notice.We respond to notices of alleged copyright infringement according to the process in our Gnarpowpow copyright center, where you can also find information about how to resolve a copyright strike. GnarPowPow's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & TerminationTerminations by YouYou may stop using the Service at any time. Follow these instructions to delete the Service from your ForwardSocial Account, which involves closing your GnarPowPow channel and removing your data. You also have the option to download a copy of your data first. Terminations and Suspensions by GnarPowPow for CauseGnarPowPow may suspend or terminate your access, your ForwardSocial account, or your ForwardSocial account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, GnarPowPow or our Affiliates. Terminations by GnarPowPow for Service ChangesGnarPowPow may terminate your access, or your ForwardSocial account’s access to all or part of the Service if GnarPowPow believes, in its sole discretion, that provision of the Service to you is no longer commercially viable. Notice for Termination or SuspensionWe will notify you with the reason for termination or suspension by GnarPowPow unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for GnarPowPow or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, GnarPowPow or our Affiliates. Where GnarPowPow is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.Effect of Account Suspension or TerminationIf your ForwardSocial account is terminated or your ForwardSocial account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your ForwardSocial account has been terminated in error, you can appeal at email@example.com
About Software in the ServiceDownloadable SoftwareWhen the Service requires or includes downloadable software (such as the GnarPowPow Studio application), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, GnarPowPow gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GnarPowPow as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by GnarPowPow, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have GnarPowPow’s written permission. Open SourceSome software used in our Service may be offered under an open-source license that we make available to you. There may be provisions in an open-source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal TermsWarranty DisclaimerOTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND GnarPowPow DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. Limitation of LiabilityEXCEPT AS REQUIRED BY APPLICABLE LAW, GnarPowPow, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR GnarPowPow, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
About this AgreementModifying this AgreementWe may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. GnarPowPow will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service. Continuation of this AgreementIf your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.SeveranceIf it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.No WaiverIf you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).Interpretation In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. Governing Law All claims arising out of or relating to these terms or the Service will be governed by Indiana law, except Indiana’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, Indiana, USA. You and GnarPowPow consent to personal jurisdiction in those courts. Limitation on Legal ActionYOU AND GnarPowPow AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Effective as of March 17, 2021