Application Terms of Use

 


1. WHO MAY USE GIFUL APPLICATION? 

AGE REQUIREMENT: You must be at least 13 years old to use the Giful Application. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Giful Application. Please have him or her read this Agreement with you. 

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Giful Application, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Giful Application. 

2. LICENSE TO USE GIFUL APPLICATION 

LICENSE: Giful grants you a limited, non-exclusive license to access and use the Giful Application for your own personal, non-commercial purposes. This includes the right to view content available on the Giful Application. This license is personal to you and may not be assigned or sublicensed to anyone else. 

RESTRICTIONS: Except as expressly permitted by Giful in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Giful Application. Nor will you take any measures to interfere with or damage the Giful Application. All rights not expressly granted by Giful are reserved. 

3. PRIVACY 

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about: 

What information we may collect about you; 
What we use that information for; and 
With whom we share that information. 

4. CONTENT RESTRICTIONS 

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that: 

- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); 
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); 
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; 
- Exploits minors; 
- Depicts unlawful acts or extreme violence; 
- Depicts animal cruelty or extreme violence towards animals; 
- Promotes fraudulent or dubious business schemes; or 
- Violates any law. 

5. CODE OF CONDUCT 

In using the Giful Application, you must behave in a civil and respectful manner at all times. Further, you will not: 

- Act in a deceptive manner by, among other things, impersonating any person; 
- Harass or stalk any other person; 
- Harm or exploit minors; or 
- Distribute "spam". 

6. YOUR REPRESENTATION AND WARRANTIES 

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Giful and grant the licenses set forth above; (ii) Giful will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. 

7. INDEMNIFICATION 

You will indemnify, defend, and hold harmless Giful and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Giful Application; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Giful violates any law or infringes any third party right, including any intellectual property or privacy right. 

8. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS 

Giful respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at gifulapp@gmail.com. 

9. LIMITATION OF LIABILITY 

To the fullest extent permitted by law: (i) Giful shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Giful's total liability to you shall not exceed the amounts paid by you to Giful over the twelve (12) months preceding your claim(s). 

10. DISCLAIMERS 

Giful reserves the right to modify the Giful Application. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Giful Application. Giful has no obligation to screen or monitor any content and does not guarantee that any content available on the Giful Application complies with this Agreement or is suitable for all users. 

Giful provides the Giful Application on an "as is" and "as available" basis. You therefore use the Giful Application at your own risk. Giful expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. 

11. CHANGES TO THIS TERMS OF USE 

Giful may amend this Terms of Use from time to time. If we make changes in the Terms of Use, we will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Terms of Use when he or she uses or otherwise accesses the Application after such changes have been first posted. 

12. QUESTIONS OR CONCERNS. 

If you have any questions or concerns regarding terms of our application, please send us a detailed message at gifulapp@gmail.com. We will make every effort to resolve your concerns. 

Effective Date: July 1, 2015