1. Your Acceptance
This is an agreement between WhatsGoodApps LLC, a New York LLC and Fortnow Consulting, LLC, A California LLC, the owners and operators of www.theRazziApp.com (the “Razzi App Site”), the Razzi App software, including the Razzi App mobile application (collectively, including all content provided through the Razzi App mobile application and the Razzi App Site, the "Razzi App Service", the "Service", "we", “us”, “our”, “We”, “Us”, or “Our”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND THE RAZZI APP PRIVACY POLICY, WHICH CAN BE FOUND AT https://www.theRazziApp.com/privacy-policy, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2. The Razzi App Service
A. These Terms of Service apply to all users of the Razzi App Service. Information provided by our users through the Razzi App Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications. In addition, we will not and cannot censor or edit the content of any third-party site or application. By using the Service, you expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or application.
B. You acknowledge that use of the Razzi App Service is for entertainment purposes only.
3. Your Account
A. To create an account you must be at least 18 years old.
B. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account has been compromised.
C. We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any descriptions, posts or features at our discretion.
D. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.
E. These terms remain in effect even if you no longer have an account.
4. Influencers
A. An “Influencer” is someone who offers a subscription to users on the Razzi App Service, enabling subscribers to access content that the Influencer posts on the Razzi App Service.
B. You understand and agree that by registering with the Razzi App Service to become an Influencer, no legal partnership or agency relationship is created between you and us.
C. When signing up to be an Influencer, you will be redirected to our payment processor, Stripe, where you will be required to enter information, including banking information. You will also be required to agree to the Stripe Connected Account Agreement at https://stripe.com/connect-account/legal.
D. Influencers determine the amount they wish to charge for a subscription to their exclusive content. The minimum subscription amount Influencers may charge is $1.99. All subscriptions are on a monthly basis.
E. A service fee of 30% will be charged on all subscription revenue. This includes the Stripe standard processing fees. Additional Stripe fees may apply for international (outside the U.S.) accounts, transactions or currencies. See https://stripe.com/pricing for Stripe fee details.
F. Influencers may withdraw their funds to their connected account at any time. Additional minimal Stripe fees may apply. See https://stripe.com/connect/pricing. Influencers may also withdraw funds using Stripe’s Instant Payouts feature (only available in certain countries), for an additional fee charged by Stripe. See https://stripe.com/connect/pricing.
G. We do not withhold any taxes. You are responsible for reporting and paying any taxes. Stripe will collect your tax identification information and report it to tax authorities as legally required.
H. Influencers retain full ownership of all content that they offer on the Razzi App Service. By posting content on the Razzi App Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is strictly limited to allow us to provide the content to your Subscribers, and to promote you and the Razzi app to potential new Subscribers.
I. We may terminate or suspend you as an Influencer at any time in our sole discretion. You may terminate your participation as an Influencer at any time, for any reason.
5. Subscribers
A. A “Subscriber” is someone who subscribes to at least one Influencer on the Razzi App Service. In order to subscribe to an Influencer, you must first create a Razzi App Service account.
B. When subscribing to an Influencer, our payment processor, Stripe, will collect, process, and store your payment information.
C. All subscriptions are on a monthly basis. Your payment method will be automatically charged by Stripe every month for each Influencer to which you are subscribed. You may cancel any subscription at any time. After you cancel a subscription, you will no longer be charged for that subscription, and you may still access that influencer’s exclusive content until the end of that subscription’s billing cycle.
D. If your payment method fails, you may be blocked from accessing the exclusive content of the Influencers you subscribed to using that payment method.
E. ALL SUBSCRIPTION PAYMENTS ARE FINAL. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND OF ANY SUBSCRIPTION PAYMENTS FOR ANY REASON.
6. Razzi App Access
A. Subject to your compliance with these Terms of Service, we hereby grant you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and the Privacy Policy.
B. We reserve the right to discontinue any aspect of the the Razzi App Service at any time.
C. Unless otherwise specified or as provided in these Terms of Service, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Razzi App Service.
E. You agree that you will not use nor encourage or permit others to use the Razzi App Service for any purpose that is unlawful or prohibited by these Terms of Service. Specifically, but without limitation, you may not:
i. Use the Razzi App Service in any manner that could damage, disable, overburden or impair any servers or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Razzi App Service or interfere with any other party's use and enjoyment of the Razzi App Service;
ii. Attempt to gain unauthorized access to the Razzi App Service through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Razzi App Service;
iii. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, privacy and security laws and regulations;
iv. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
v. Create fake profiles or pretend to be or impersonate someone else by using the name, image, brand or works of another;
vi. Post (a) any nude, partially nude or pornographic content, (b) any offensive content, (c) any spam, or any other advertisement or promotion for any product or service, and/or (d) content that infringes others' intellectual property or other proprietary rights; and/or
vii. Use content posted by Influencers in any way not authorized by the Influencer.
F. Should we determine, in our sole discretion, that you have breached any part of the foregoing subparagraph E, we in our sole discretion may, together with any legal or equitable remedies we may have, without any notice, terminate, disable, suspend or otherwise render inoperable your Razzi App Service account.
G. If you feel that a particular post violates these Terms of Service, please flag it (tap on the flag icon above the post), and we will address it.
7. Intellectual Property Rights
A. The design of the Razzi App Service along with created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your entertainment use only. We reserve all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
B. We grant you a license to use the Razzi App mobile application name and logo solely for the purpose of promoting the Razzi App mobile application.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE RAZZI APP SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE AND ITS CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE RAZZI APP SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RAZZI APP SERVICE OR ANY HYPERLINKED WEBSITE OR CONTENT OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
A. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE RAZZI APP SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE RAZZI APP SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
B. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. The Service is controlled and offered by us from our facilities in the United States of America. We make no representations that the Razzi App Service is appropriate or available for use in other locations. Those who access or use the Razzi App Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
10. Indemnity
You agree to defend, indemnify and hold us, our officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Razzi App Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, privacy or publicity right; or (iv) any claim that one of your content submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Razzi App Service.
11. Ability to Accept Terms of Service
You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a ”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
13. General
You agree that: (i) the Razzi App Service shall be deemed solely based in New York; (ii) the Razzi App Service shall be deemed a passive server that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York; and (iii) you agree to be subject to the jurisdiction of New York in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Razzi App Service shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Service, together with the Privacy Policy and any other legal notices published by us, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and us concerning the Razzi App Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to any revised Terms, your only recourse is to discontinue use of the Razzi App Service. Your continued use of the Razzi App Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Razzi APP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.