By using the web site located at gifferapp.com or giffer.co (the "Site") or the Giffer® app (the "Service") (collectively, "Giffer") you agree to be bound by all terms and conditions (the "Terms") below (collectively, the "Agreement").
You must be 13 years or older to use Giffer.
You must not upload nude, partially nude, or sexually suggestive content.
You must not upload content asking people to follow other social networking account(s) or to promote any product or service deemed "Spam" by Giffer, at Giffer's sole discretion, without prior consent from Giffer.
You are responsible for any activity that occurs via your device.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (collectively, "Content") that you submit, post, or display via Giffer.
You must not abuse, harass, threaten, impersonate or intimidate other Giffer users.
You must not use the Site or Service for any illegal or unauthorized purpose. You agree to comply with all federal and local laws regarding online conduct and acceptable content.
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 means other than through the Site or Service.
You must not scrape, crawl, data mine, or otherwise cache any content from Giffer including but not limited to user profiles and images.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in using Giffer, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of this Agreement will result in the banning or blocking of your device and/or IP address and potential deletion of all associated Content on Giffer's server, without notice. While Giffer prohibits such conduct and content, you understand and agree that Giffer cannot be responsible for Content posted to the Site or Service and you nonetheless may be exposed to such materials. You agree to use Giffer at your own risk.
Giffer reserves the right to modify or terminate the Site or Service for any reason, without prior notice, at any time.
Giffer reserves the right to alter the Agreement at any time.
Giffer reserves the right to refuse service to anyone for any reason at any time.
Giffer may, but has no obligation to, remove Content that Giffer determines, in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or Content that violates any third party's intellectual property.
Proprietary Rights in Content
Giffer does not claim ownership of any Content that you post on or through Giffer. By displaying, publishing, or posting any Content on or through Giffer, you hereby grant to Giffer a non-exclusive, fully paid and royalty-free, worldwide, unlimited license to use, modify, remove 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. To revoke this grant of licensing, you may toggle off the "allow featuring uploads" control in the Service's settings menu before posting the Content.
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 or third party, and (iii) posting your Content on or through Giffer will not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, or 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.
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.
You agree that Giffer cannot be held liable 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.