THE WEBSITE CONTENT
- The Content includes logos, trademarks, and service marks (collectively “Marks”) owned by GigSky, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by GigSky. Upon approval, we will provide you with GigSky’s Trademark and Brand Use Guideline.
- You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by GigSky. No distribution of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display, or otherwise use any portion of the Content without securing the prior written consent of GigSky. Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted to GigSky.
- Free access to the Content is made available to you on the Website. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of information from our affiliates, partners, or advertisers on the Website.
- You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material, or other proprietary information (including images, text, page layout, or form) of any portion of the Website without our express written consent. You may not alter or modify in any way, the Website including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.
- GigSky respects the intellectual property of others. If you are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at email@example.com or by regular mail at GigSky, Inc., 2390 El Camino Real, Palo Alto, CA 94306 USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed;
- 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 locate the material;
- Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
- 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; and
- 1.6.6. 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.
- Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. GigSky will terminate the account of any user that is determined to be a repeat copyright infringer.
MEMBERSHIP AND REGISTRATION
OTHER INFORMATION CONTENT PROVIDERS: NON-STAFF BLOGGERS, OTHER PROVIDER CONTENT
- The Website may have content supplied by other information content providers such as non-staff bloggers, commenters, and content owned by other providers that is published with their permission on the Website. The content providers are responsible for the statements and opinions they provide, and the Website is not responsible such third-party content. GigSky does not guarantee nor is it responsible for the accuracy or completeness of such third-party content. Responsibility for the accuracy and completeness of such content lies solely with those content providers. Pursuant to 47 U.S.C.§ 230, GigSky is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors, or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website and assumes no duty to monitor the Website for inappropriate or inaccurate content. Neither GigSky nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, GigSky reserves the right to remove information provided by other information content providers at any time in its sole discretion.
USER-GENERATED CONTENT: COMMENTS
- The Website may have interactive areas that give users an interesting and stimulating forum to express their opinions and share their ideas and information. For your safety and protection, please use your best judgment when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website. The Website reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
- Please note that GigSky does not accept unsolicited materials or ideas for use or publication and not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GigSky.
- The Website has interactive areas that are intended to encourage exchange of ideas with the public. We understand that there may be difference of opinions, however, we encourage freedom of speech and a marketplace of ideas. However, by using these areas of the Website, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on the Website at any time for any reason. Decisions as to whether content violates any GigSky posting rule will be made by GigSky in its sole discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on the Website. When using the Website, please do not post material that:
- has vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- violates any right of GigSky or any third party;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material;
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- uploads or transmits viruses or other harmful, disruptive or destructive files;
- disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites;
- “inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
- is unrelated to the specific interactive area or the interactive area’s topic;
- disguises the origin of the post; or
- collects or stores other users’ personal data.
- A violation of certain of posting rules may be referred to law enforcement authorities. GigSky reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
WEBSITE SECURITY RULES
Violation or attempted violation of the Website’s security is strictly prohibited. Such violations may include, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. GigSky will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
COMMUNICATIONS WITH THIRD PARTIES THROUGH THE WEBSITE
Your activities on the Website with any party other than the Website are solely between you and that third party. Under no circumstances will GigSky be liable for any goods, services, resources, or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Website (“Software”) is the copyrighted work of GigSky suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
The Website is operated and administered by GigSky from its offices within the United States. GigSky makes no representation that materials or the Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
GigSky respects the privacy of its visitors. However, GigSky does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile. Registrants may change their user profile at any time by visiting the edit profile details page.
We have the right, at our discretion, to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. GigSky shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Any such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
USE OF THIS WEBSITE IS AT YOUR OWN RISK.
- Under no circumstances, including, but not limited to, negligence, shall GigSky, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that GigSky is not liable for any conduct of any user.
Any rights not expressly granted herein are reserved.
Effective date as of 20 January 2016