Terms and Conditions

Last updated: October 24, 2024


Please read these terms and conditions carefully before using Our Service.


Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Armenia
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ELEVATE ADVERTISING LLC, RA, Yerevan, Davtashen, A.Mikoyan Str. bld.25/apt. 13.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Garpun, accessible from https://en.garpun.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Please note that your use of Company’s services is governed by a separate definitive agreement (“Services Agreement"). These Terms govern only your access to and use of the Site and do not override or nullify the Services Agreement, which remains in full force and effect in relation to your use of Company’s services. To the extent there is an inconsistency between these Terms and the Services Agreement, these Terms will prevail solely in relation to your use of and access to the Site.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Representations and Undertakings
Your use of the Site (or any part thereof) is dependent on the fact that you hereby represent, warrant and covenant that:
(i) You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder;
(ii) If you connect to, access or use the Site on behalf of an entity or any third party, you are duly authorized under any applicable law to represent such entity or third party in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; and
(iii) You will comply with, and are solely responsible for complying with, applicable laws regarding access to and use of the Site, including data protection and privacy laws and regulations, and any industry guidelines and policies applicable to you and/or your use of the Site.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
There are certain conducts which are strictly prohibited on and/or with respect to the Site. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at Company’s sole discretion) in the termination or suspension of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf, and you may not permit anyone to:
(i) copy, modify, create derivative works of, reverse engineer, adapt, alter, emulate, translate, compile, decompile or disassemble the Site;
(ii) copy, modify, create derivative works of, adapt, alter, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Site, including any information, material, contact information, data, designs, and graphic user interface available thereon (collectively, the “Content”) in any way, or publicly display, perform, reproduce, distribute or otherwise use the Content, without Company’s prior written consent;
(iii)make any use of the Content for any purpose including on any other website, networked computer environment or Site, without Company’s prior written consent;
(iv)create a browser or border environment around the Site and/or Content, link, including in-line linking, to elements on the Site, such as images, text and videos, and/or frame or mirror any part of the Site, unless as expressly permitted hereunder;
(v)interfere with or violate any other User’s privacy rights, intellectual property rights, or other rights, or harvest or collect personally identifiable information about visitors or users of the Site, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(vi) use and/or display the Site (or any part thereof) or any Company Trademarks or Third Party Marks on and/or with respect to any business and/or website, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to Company and/or the Site might be perceived as damaging to Company’s reputation and goodwill or actually bring Company into disrepute;
(vii)transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
(viii)impersonate any person or entity or provide false information on the Site, whether directly or indirectly;
(ix)falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Company or any third party endorses you, your business, Site and/or any statement you make, or present false or inaccurate information about and/or through the Site whether directly or indirectly;
(x)transmit or otherwise make available in connection with the Site, and/or use the Site to design, develop, distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(xi)interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(xii)use the Site or any information or Content obtained or learned from the Site for and/or in connection with any form of spam, unsolicited mail or similar conduct;
(xiii)create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Site without the prior written consent of Company;
(xiv)bypass any measures which may be used to prevent or restrict access to the Site or any part or section thereof;
(xv)transfer or assign any rights or obligations under these Terms, even temporarily, to a third party;
(xvi)use the Content and/or the Site for any illegal, immoral or unauthorized purpose; or
(xvii)use, sell, license or exploit the Site and/or the Content for non-personal or commercial purposes without Company’s prior express written authorization.
Intellectual Property
The Site and/or Content, any derivatives thereof, modifications, enhancements, improvements and/or upgrades thereto, and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned by Company and/or used with permission or under license from a third party (the “Owner), and are subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. As between Company and you, all right, title and interest in and to the Intellectual Property will, at all times, remain with Company and/or its Owners. These Terms do not convey to you any interest in or to the Site (or any part thereof), but only a limited license of use in accordance with the License granted hereunder. Nothing in these Terms constitutes a waiver of Company’s Intellectual Property rights under any law.
“Garpun” and all logos, marks and other proprietary identifiers used by Company in connection with the Site (“Company Trademarks”) are all trademarks and/or trade names of Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Site, belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any Company Trademarks, Third Party Marks and/or all copyright notices, restrictions and signs indicating proprietary rights of Company and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Company’s Trademarks or Third Party Marks.
In the event you provide Company with any suggestions, comments or other feedback (“Feedback”) relating to the Site, Content or any part thereof, Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Company current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. You further warrant that your Feedback is not subject to any license terms that would require Company to comply with any additional obligations with respect to any of its current or future products, technologies or services that incorporate any Feedback.
Third Party Components
The Site may utilize or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. You acknowledge that Company is not the author, owner or licensor of any Third Party Components, and that Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will 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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
General
(i) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Company and you.
(ii) Company may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Site to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Company. Any attempted or actual assignment thereof without Company’s prior explicit and written consent will be null and void.
(iii) If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(iv) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(v) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
(vi) These Terms constitute the entire terms and conditions between you and Company relating to the subject matter herein and supersedes any and all prior agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Company and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Site, excluding any written agreements executed by both Company and you. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Company in entering into these Terms.
(vii) The parties agree that all correspondence relating to these Terms shall be written in the English language.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
  • By email: support@garpun.com
  • By mail: RA, Yerevan, Davtashen, A.Mikoyan Str. bld.25/apt. 13