Terms of Service

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email.

Introduction

These terms and conditions govern your use of GifBoom website and the GifBoom mobile phone app (aka The Service); by using The Service and the mobile phone app, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use The Service and the mobile phone app.

You must be at least 13 [thirteen] years of age to use The Service. By using The Service and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.

We may modify, suspend, discontinue or restrict the use of the Services, any portion thereof or any content at any time with or without notice to you.

License to use website

Unless otherwise stated, The Service and/or its licensors own the intellectual property rights published on The Service and materials used on The Service. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
republish material from The Service in neither print nor digital media or documents (including republication on another website);
sell, rent or sub-license material from The Service;
show any material from The Service in public;
reproduce, duplicate, copy or otherwise exploit material on The Service for a commercial purpose;
edit or otherwise modify any material on The Service;
redistribute material from The Service - except for content specifically and expressly made available for redistribution;
republish or reproduce any part of The Service through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Service Assets

All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork, applications, computer code and associated documentation (collectively, the "Service Assets"), including but not limited to the design, structure, arrangement and "look and feel" of such Content, are owned by or licensed to GifBoom and are protected by copyright, trademark and other intellectual property rights and laws.

Except as expressly provided in the Terms of Service, no part of the Service Assets may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for public or commercial purposes.

Acceptable use

You must not use The Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of The Service or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use The Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to The Service without The Service's express written consent.

This includes:
scraping
data mining
data extraction
data harvesting
'framing' (iframes)
Article 'Spinning'

You must not use The Service or any part of it to transmit or send unsolicited commercial communications.

You must not use The Service for any purposes related to marketing without the express written consent of The Service.

Restricted access

Access to certain areas of The Service is restricted. The Service reserves the right to restrict access to certain areas of The Service, or at our discretion, this entire website. The Service may change or modify this policy without notice.

If The Service provides you with a user ID and password to enable you to access restricted areas of The Service or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

The Service may disable your user ID and password at The Service's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to The Service, for whatever purpose.

You grant to The Service a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Service the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Service or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Service reserves the right to edit or remove any material submitted to The Service, or stored on the servers of The Service, or hosted or published upon The Service.

The Service's rights under these terms and conditions in relation to user content, The Service does not undertake to monitor the submission of such content to, or the publication of such content on, The Service.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Service makes no representations or warranties in relation to The Service or the information and materials provided on The Service.

Without prejudice to the generality of the foregoing paragraph, The Service does not warrant that:
The Service will be constantly available, or available at all;
the information on The Service is complete, true, accurate or non-misleading.

Nothing on The Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS (our "AFFILIATES") BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES.

Limitations of liability

The Service will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, The Service:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss;
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Service has been expressly advised of the potential loss.

Exceptions

Nothing in The Service disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in The Service disclaimer will exclude or limit [NAME'S] liability in respect of any:
death or personal injury caused by the negligence of The Service or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of The Service;
matter which it would be illegal or unlawful for The Service to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using The Service, you agree that the exclusions and limitations of liability set out in The Service disclaimer are reasonable.

If you do not think they are reasonable, you must not use The Service.

Other parties

You accept that, as a limited liability entity,The Service has an interest in limiting the personal liability of its officers and employees. You agree that The Service will not bring any claim personally against The Service's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in The Service disclaimer will protect The Service's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Service.

Unenforceable provisions

If any provision of The Service disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of The Service disclaimer.

Indemnity

You hereby indemnify The Service and undertake to keep The Service indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Service to a third party in settlement of a claim or dispute on the advice of The Service's legal advisers) incurred or suffered by The Service arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to The Service's other rights under these terms and conditions, if you breach these terms and conditions in any way, The Service may take such action as The Service deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The Service may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of The Service from the date of the publication of the revised terms and conditions on The Service. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Service may transfer, sub-contract or otherwise deal with The Service's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with The Service's Privacy Policy constitute the entire agreement between you and The Service in relation to your use of The Service, and supersede all previous agreements in respect of your use of The Service.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of NEVADA, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of NEVADA, USA.

Waiver

Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

You can contact The Service by email.

Notice of Infringement

Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the App constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: ip@gifboom.com

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed