By using the web site located at gifferapp.com/giffer.co ("Site") or the Giffer! app ("Service"), (collectively, "Giffer!") you agree to be bound by all terms and conditions ("Terms") below (collectively, the "Agreement").
- You must be 13 years or older to use Giffer!.
- You must not post nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs via your screen name.
- You are responsible for keeping your password private and secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Giffer! users.
- You may not use the Site or Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display via Giffer!.
- You must not modify, adapt or hack Giffer! or modify another website so as to falsely imply that it is associated with the Site or Service.
- You must not access Giffer!'s private API by any other means other than the Giffer! app itself.
- You must not crawl, scrape, or otherwise cache any content from Giffer! including but not limited to user profiles and photos.
- You must not create or submit unwanted email or comments to any Giffer! users ("Spam").
- You must not use web URLs or domain names in your name without prior written consent from Giffer!.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Giffer!, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your Giffer! account without notice and/or possibly a permanent ban. While Giffer! prohibits such conduct and content on its site, you understand and agree that Giffer! cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use Giffer! at your own risk.
- We reserve the right to modify or terminate the Site or Service for any reason, without prior notice, at any time.
- We reserve the right to alter the Agreement at any time. If the alterations constitute a material change, you will be notified via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or the Agreement.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Proprietary Rights in Content
- Giffer does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through Giffer!. By displaying or publishing ("posting") any Content on or through Giffer!, you hereby grant to Giffer! a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside Giffer!.
- You represent and warrant that: (i) you own the Content posted by you on or through Giffer! or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through Giffer! does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on or through Giffer! does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through Giffer!.
- Giffer! contains Content of the "Giffer!" app ("Giffer! Content"). Giffer! Content is protected by copyright, trademark, patent, trade secret and other laws, and Giffer! owns and retains all rights in the Giffer! Content and the Service. Giffer! hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Giffer! Content (excluding any software code) solely for your personal use in connection with viewing the Site and the Service.
- Giffer! contains user-submitted content and other Giffer! licensors. Except as provided within the Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Giffer!.
- Giffer! performs technical functions necessary to offer the Site and the Service, including but not limited to transcoding and/or reformatting Content to allow its use throughout Giffer!.
- Although the Site and the Service are normally available, there will be occasions when the Site or Service will be interrupted for maintenance and/or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Giffer!. Also, although Giffer! will normally only delete Content that violates this Agreement, Giffer! reserves the right to delete any Content for any reason, without prior notice or consent. Deleted content may be stored by Giffer! in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Giffer! encourages you to maintain your own backup of your Content. In other words, Giffer! is not a backup service. Giffer! will not be liable to you for any modification, suspension, or discontinuation of the Site or Service, or the loss of any Content.
- To the full extent permissible by law, Giffer! disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or Service or any Content appearing on the Site or Service, or from any action or decision taken as a result of using Giffer!.
- Giffer! may contain links to external web sites, applications, and/or use of third party software libraries. Giffer! is not responsible for and has no control over the content, operation, quality or functionality of such web sites or software.
- You understand that using Giffer! will consume bandwidth which in turn may incur charges to your account with your cellular provider or Internet Service Provider. You agree that Giffer! cannot be held responsible for any overage charges or data fees you may incur while using Giffer!.
THE SERVICE, THE SITE AND RELATED MATERIALS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE OR THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
Limitations of Liability
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SITE OR THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.
You agree to indemnify, hold harmless and defend Giffer!, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Giffer! or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Giffer! or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of the Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Site or the Service. In such a case, Giffer! will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Giffer! reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement (including any amendments) represents the complete agreement between you and Giffer! and supersedes all prior agreements and representations between the parties. This Agreement shall be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Syracuse, New York. The Service is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to the Company must be sent by support ticket via the "Contact Us" link on the support page, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between Giffer! and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.