gif.ventures Terms of Service
gif.ventures (also referred to herein as "gif.ventures" or "App") is a set of related Internet sites and other applications for gifs, owned and operated by gif.ventures ("Gif", "we" or "us"). Gif welcomes you to the App and invites you to participate in the community by sharing gifs with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the gif.ventures community or otherwise access or use the App or any services provided on the website (collectively, "Services"). These terms govern the use of the App (the "gif.ventures Terms").
PLEASE BE AWARE THAT BY USING THE APP, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Contracts are Binding and Legally Enforceable -- Please Read!
As stated above, these gif.ventures Terms constitute an agreement between gif.ventures and you and governs your use of the App. These gif.ventures Terms do NOT govern the use of our other gif.ventures products and services that are not part of the App. In the event of any conflict between the terms and conditions of these gif.ventures Terms and any such service or licensing agreements, the terms and conditions of the gif.ventures Terms shall prevail.
You must be at least 13 years old to access or use the App or Services, including without limitation to complete a gif.ventures account registration. By accessing or using the Services or the App in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or App in any manner, and may not provide any personal information to or on the Services or App (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the App or Services, including without limitation to complete a gif.ventures Account Registration. By accessing or using the Services or the App in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or App in any manner, and may not provide any personal information to or on the Services or App (including, for example, a name, address, telephone number or email address).
Access to the App
Any user of the App is welcome to participate in community discussions, to answer questions, and to share their gifs with gif.ventures community participants, provided that they comply with the obligations set forth in these gif.ventures Terms, and to the extent that use of the App does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. gif.ventures reserves the right to refuse, suspend or terminate your access to the App if it determines, in its sole discretion, that you have in any way violated these gif.ventures Terms or are otherwise ineligible to access or use the App or Services. If your actions are determined by us to violate these gif.ventures Terms, gif.ventures may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in gif.ventures’s sole discretion), then gif.ventures may revoke your rights to the App. You are solely responsible for ensuring that these gif.ventures Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the App or any Services is revoked where these gif.ventures Terms or use of the App or any Services is prohibited or conflicts with any applicable law, rule or regulation.
gif.ventures will use reasonable efforts to make the App available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
To access some gif.ventures features you will need to register for an account as an individual and consent to these gif.ventures Terms. If you do not consent to these gif.ventures Terms, gif.ventures reserves the right to refuse, suspend or terminate your access to the App.
gif.ventures is a community and we expect you to treat each member of the gif.ventures community with respect. Whether a community member is posting their first gif, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of gif.ventures' Acceptable Use Policy, which is hereby incorporated into these gif.ventures Terms.
You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the App or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the App and Network.
Some premium or additional features of gif.ventures may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event gif.ventures charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of gif.ventures.
Content Permissions, Restrictions, and Creative Commons Licensing
All materials displayed or performed on the App, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "App Content") are the property of gif.ventures and/or third parties and are protected by United States and international copyright laws ("gif.ventures Content").
All trademarks, service marks, and trade names are proprietary to gif.ventures and/or third parties and use of the App means you agree to abide by all copyright notices, information, and restrictions contained in any App Content accessed through the Services.
The App is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these App Network Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the App Content, software, materials, or Services in whole or in part. You may download or copy the App Content, and other items displayed on the App for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.
Any other downloading, copying, or storing of any App Content (other than content made available via the gif.ventures API) for other than personal, noncommercial use is expressly prohibited without prior written permission from gif.ventures or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the App (the content made available by the gif.ventures API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the "Software") is licensed to you by gif.ventures or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. gif.ventures or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, "Content") that you provide to the App (collectively, "Subscriber Content"), is perpetually and irrevocably licensed to gif.ventures on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA), and you grant gif.ventures the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
- Provide, maintain, and update the App
- Process lawful requests from law enforcement agencies and government agencies
- Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required
- Aggregate data to provide product optimization
This means that you cannot revoke permission for gif.ventures to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC-BY-SA Creative Commons license terms are explained in further detail by Creative Commons, but you should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.
As stated above, by agreeing to these gif.ventures Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the App is governed by the Acceptable Use Policy.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, GIF.VENTURES DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GIF.VENTURES PROVIDES NO GUARANTEES THAT THE SERVICES OR APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE APP, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE GIF.VENTURES TERMS ON AN "AS IS" BASIS.
You will indemnify and hold gif.ventures, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the App, use of gif.ventures products or services made available on the App, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIF.VENTURES AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE APP OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF GIF.VENTURES OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT GIF.VENTURES' RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment and Jurisdiction
gif.ventures reserves the right to assign our rights and obligations under these gif.ventures Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
These gif.ventures Terms will be governed by and construed in accordance with the applicable laws of the State of New York, without giving effect to the principles of that State regarding conflicts of laws. Both you and gif.ventures hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of New York with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the App or Services. Notwithstanding the foregoing, these gif.ventures Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these gif.ventures Terms. The Uniform Commercial Code shall not apply to the provisions of these gif.ventures Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these gif.ventures Terms. In the event of any conflict between the terms and conditions of these gif.ventures Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.
YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND GIF.VENTURES OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE GIF.VENTURES TERMS, YOUR USE OF THE APP OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND GIF.VENTURES SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION UNDER JAMS, INC.'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, INC. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these gif.ventures Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the App or these gif.ventures Terms must be filed within one (1) year after such claim of action arose or be forever banned.
You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in New York, NY, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature.
The sections entitled "gif.ventures Terms", "Contracts are Binding and Legally Enforceable – Please Read!", "User Obligations", "Content Permissions, Restrictions, and Creative Commons Licensing", "Disclaimer of Warranties", "Indemnification", "Limitation of Liability", Assignment and Jurisdiction, "Mandatory Arbitration", "Survival", "Merger and Severability", "Notices", "No Waiver", and "Headings" shall survive any termination or expiration of these gif.ventures Terms.
gif.ventures reserves the right, in its sole discretion, to modify or replace these gif.ventures Terms, as our business evolves over time and to better provide Services and Products to the gif.ventures community, or to change, suspend, or discontinue the App and/or any Services or Products at any time by posting a notice on the App or by sending you notice via e-mail or by another appropriate means of electronic communication.
Merger and Severability
The parties to these gif.ventures Terms are independent contractors and these gif.ventures Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and gif.ventures. These gif.ventures Terms represent the entire agreement between you and gif.ventures and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the App or Services or Products contemplated hereunder. If any provision of these gif.ventures Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these gif.ventures Terms shall remain and continue in full force and effect.
Unless otherwise specified in these gif.ventures Terms, all notices under these gif.ventures Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to admin (at) gif.ventures.
Our failure to enforce any part of these gif.ventures Terms shall not constitute a waiver of our right to later enforce that or any other part of these gif.ventures Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these gif.ventures Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these gif.ventures Terms are for convenience only and shall not affect their interpretation.