Terms of Service
January 17, 2008
Gigafloat.com (GigaFloat) welcomes you. GigaFloat provides users a collections of tools to share information (the Services). GigaFloat provides the Services to you subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. By using the Services, you are agreeing to be bound by the conditions of the Terms.
You understand and agree that the Services are provided "AS-IS" and "AS AVAILABLE". You understand and agree that GigaFloat assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery or failure to store any content, user communications, or personalization settings.
3.1 You must be 13 years or older to use the Services.
3.2 In order to access the Services, you are required to provide information about yourself (such as identification or contact details, the "Registration Data") as part of the registration process for the Services, or as part of your continued use of the Services. You agree to keep any registration information you give to GigaFloat accurate, true and up to date.
3.3 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GigaFloat. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
3.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) or in any activity that interferes with other users.
3.6 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, unless you have been specific permission to do so in a separate agreement with GigaFloat.
3.7 You agree not to use the Services to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, impersonation of any person or entity, or harmful to minors in anyway.
3.8 You agree not to use the Services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
3.9 You agree that you are solely responsible for (and that GigaFloat has no responsibility to you or to any third party for) any breach of your obligations under this agreement and for any consequences (including any loss or damage which GigaFloat may suffer) of any such breach.
4.1 You agree and understand that you are responsible to keep your GigaFloat account password secure and confidential. You will make sure that you will logout at the end of each session.
4.2 Accordingly, you agree that you will be solely responsible to GigaFloat for all activities that occur under your account.
4.3 If you become aware of any unauthorized use of your password or of your account or any other breach of security, you agree to notify GigaFloat immediately at support@gigafloat.com.
5.1 GigaFloat Privacy Policy can be viewed at http://gigafloat/privacy. This policy explains how GigaFloat treats your personal information, and protects your privacy, when you use the Services.
5.2 You agree to the use of your data and your Registration Data in accordance with GigaFloat’s Privacy Policy.
6.1 You agree that all information accessable through the Services (the Content), such as written text, photographs, graphics or other images, music, audio files or other sounds, videos or digital films, maps, data files, and computer software are the sole responsibility of the person from which such content originated.
6.2 You agree that Content presented as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GigaFloat (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically given the permission to do so by GigaFloat or by the Content owners in a separate written agreement.
6.3 You agree that GigaFloat has no obligation to review, pre-screen, filter, modify, flag, refuse or remove any Content from the Services. However you agree that GigaFloat may reserve the right to review, pre-screen, filter, modify, flag, refuse or remove any or all Content from the Services.
6.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable. You agree that you use the Services at your own risk.
6.5 You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for any consequences of your actions (including any loss or damage which GigaFloat may suffer) by doing so. You agree that GigaFloat has no responsibility to you or to any third party for the said Content.
7.1 You acknowledge and agree that GigaFloat (or GigaFloat’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You acknowledge and agree that the Services may contain information which is designated confidential by GigaFloat and that you shall not disclose such information without GigaFloat’s prior written consent.
7.2 Nothing in the Terms gives you a right to use any of GigaFloat’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
7.3 Other than the limited license set forth in Section 9, GigaFloat acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GigaFloat, you agree that you are responsible for protecting and enforcing those rights and that GigaFloat has no obligation to do so on your behalf.
7.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.5 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8.1 Provided that you did not breach the Terms, GigaFloat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by GigaFloat as part of the Services as provided to you by GigaFloat (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GigaFloat, in the manner permitted by the Terms.
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GigaFloat, in writing.
8.3 Unless GigaFloat has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9.1 You may retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services. You agree that by submitting, posting or displaying the Content you give GigaFloat a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Services.
9.2 You agree that this licence includes a right for GigaFloat to make such Content available to other companies, organizations or individuals with whom GigaFloat has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
9.3 You understand that GigaFloat, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit GigaFloat to take these actions.
9.4 You confirm and warrant to GigaFloat that you have all the rights, power and authority necessary to grant the above licence.
10.1 The Terms will continue to apply until terminated by either you or GigaFloat as set out below.
10.2 If you want to terminate your legal agreement with GigaFloat, you may do so by (a) notifying GigaFloat at any time and (b) closing your accounts for all of the Services which you use, where GigaFloat has made this option available to you. Your notice should be sent, by email, to support@gigafloat.com, with subject title "Termination of GigaFloat Services".
10.3 You agree that GigaFloat may at, under certain circumstances and without prior notice, immediately terminate your account, your access to the Services, and GigaFloat's legal agreement with you. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the Terms or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Services (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, or
(h) nonpayment of any fees owed by you in connection with the Services.
Further, you agree that all terminations for cause shall be made in GigaFloat's sole discretion and that GigaFloat shall not be liable to you or any third party for any termination of your account and access to the Services.
10.4 Nothing in this Section shall affect GigaFloat’s rights regarding provision of the Services.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GigaFloat have benefited from, been subject to, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT GIGAFLOAT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
11.3 IN PARTICULAR, GIGAFLOAT, ITS INVESTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED,
(e) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGAFLOAT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 FURTHER, GIGAFLOAT, ITS INVESTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIGAFLOAT, ITS INVESTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(ii) ANY CHANGES WHICH GIGAFLOAT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(iv) YOUR FAILURE TO PROVIDE GIGAFLOAT WITH ACCURATE ACCOUNT INFORMATION;
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(vi) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(viii) ANY OTHER MATTER RELATING TO THE SERVICES.
12.2 THE LIMITATIONS ON GIGAFLOAT’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT GIGAFLOAT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 The Services may include hyperlinks to other web sites or content or resources. GigaFloat may have no control over any web sites or resources which are provided by companies or persons other than GigaFloat.
13.2 You acknowledge and agree that GigaFloat is not responsible for the availability of any such external sites or resources, and does not endorse any content, advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that GigaFloat is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on such web sites or resources.
14.1 GigaFloat may make changes to the Terms or Privacy Policy from time to time. When these changes are made, GigaFloat will make a new copy of the Terms available at http://gigafloat.com/service. The new Privay Policy will be available at http://gigafloat.com/privacy.
14.2 You understand and agree that if you use the Services after the date on which the Terms have changed, GigaFlaot will treat your use as acceptance of the updated Terms and/or update Privacy Policy.
You agree to indemnify and hold GigaFloat, its investors, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.
GigaFloat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that GigaFloat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
17.1 You understand and agree that advertisement and promotions can be displayed or distributed as part of the Services. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or information you entered.
17.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GigaFloat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
18.2 The Terms constitute the whole legal agreement between you and GigaFloat and govern your use of the Services (but excluding any services which GigaFloat may provide to you under a separate written agreement), and completely replace any prior agreements between you and GigaFloat in relation to the Services.
18.3 You agree that GigaFloat may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
18.4 You agree that if GigaFloat does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GigaFloat has the benefit of under any applicable law), this will not be taken to be a formal waiver of GigaFloat’s rights and that those rights or remedies will still be available to GigaFloat.
18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.7 The Terms, and your relationship with GigaFloat under the Terms, shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. You and GigaFloat agree to submit to the exclusive jurisdiction of the courts located within the county of Norfolk, Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GigaFloat shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.