Terms and Conditions
Welcome to Gizagoo and thank you for using our website.
Updated 17th April 2014
1. This Document
1.1 Your use of this web site is referred to in this document as the “Service”.
1.2 This is a contract between you, the user of our service, and Gizagoo Limited registered in Ireland. Gizagoo Limited in this document is referred to as “Gizagoo”, “we”, “us”, “ourselves” or “our”. This contract applies to the service that we supply over the Internet, including updates that are made while you use the service.
1.3 Unless otherwise agreed in writing, your agreement with us will always include the terms and conditions set out in this document. The terms and conditions, described here, form a legally binding contract between you and Gizagoo Limited in relation to your use of the Services. It is important that you take the time to read this document carefully. The terms and conditions covered are referred to in this document as the “Terms”.
1.4 All information to which you have access through the Services is referred to in this document as “Content”. This includes, but is not limited to, data files, textual material, email, images, computer software, advertising material, music, audio files, sound files, photographs, video or other images. Content may be provided by us or by third parties.
2. Accepting the Terms
2.1 You must agree to the Terms before using the Service. You may not use the Service if you do not agree to the Terms.
2.2 You may accept the Terms by using the Service. In this case you understand and agree that we will treat your use of the Service as acceptance of the Terms.
2.3 You may not use the Service, if you are not of legal age to form a binding contract with us, or you are barred from receiving the Service under the laws of the country in which you are resident or the country from which you wish to use the Service.
3. Our Provision of the Service
3.1 We are constantly changing the Service in order to improve the Service for our users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice.
3.2 You acknowledge and agree that we may stop providing the Service, or any feature within the Service, either temporarily or permanently, to you or to all users at our sole discretion, without prior notice.
3.3 You acknowledge and agree that if we disable access to the services from your IP address, you may be prevented from accessing the Service.
3.4 You acknowledge and agree that we may impose limits on the number of queries you may make or results you may receive or the times at which you may access the Service, at any time, at our sole discretion, without prior notice.
4. Your Use of the Service
4.1 In order to use the Service, your IP address and other information will be transmitted to us. You agree that any such information transmitted will not be willfully modified by you.
4.2 You agree to use the Service only for the purposes permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in jurisdictions relevant to you.
4.3 You agree not to access, or attempt to access, the Service by any means other than through an interface provided by us.
4.4 You agree not to engage in any activity that interferes with or disrupts the Servers.
4.5 You agree not to reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
4.6 You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage, which we may suffer, of any such breach. You also agree that we have no responsibility to you or to any third party for any such breach.
5.1 You understand that all Content is the sole responsibility of the person from which it originated.
5.2 You should understand that Content provided to you as part of the Service, including but not limited to advertisements and news feeds, may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content, in whole or in part, unless this is covered under another agreement.
5.3 We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. We may provide tools to filter out explicit sexual content or spam. We may also use third party tools to provide such filtering.
6. Intellectual Property and Copyright
6.1 You acknowledge and agree that we own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 Other than the limited license set forth below, we acknowledge and agree that we obtain 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 Service, 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). You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
6.4 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 Service.
6.5 You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
6.6 You retain copyright and any other rights you already hold in Content, which you submit, post or display, on or through, the Service. By submitting, posting or displaying the content you give us 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 Service. This licence is for the sole purpose of enabling us to display, distribute and promote the Service.
6.7 You understand that we, in performing the required technical steps to provide the Service to our users, may transmit or distribute your Content over various public networks and in various media; and 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 us to take these actions.
6.8 You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence.
6.9 It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of users who repeatedly infringe. Please notify us of any suspected infringement.
7.1 The Terms will continue to apply until terminated by either you or us as set out below.
7.2 If you want to terminate your legal agreement with us, you may do so by notifying us at any time and closing any accounts for the Service, where this option is available to you. Your notice should be sent, in writing, to our address listed on the site.
7.3 We may at any time, terminate our legal agreement with you if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) any partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Service to you; or
(d) we are transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Service to you is, in our opinion, no longer commercially viable.
7.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to apply to such rights, obligations and liabilities indefinitely.
8.1 The Services are provided “as is” and we give you no warranty with respect to them.
8.2 In particular, we do not represent or warrant to you that:
(a) your use of the Service will meet your requirements,
(b) your use of the Service will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the Service will be accurate or reliable, and
(d) that defects in the operation or functionality of any Software provided to you as part of the Service will be corrected.
8.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
8.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
9. Limitation of Liability
9.1 Nothing in these Terms shall exclude or limit our liability for losses, which may not be lawfully excluded or limited by applicable law.
9.2 Subject to overall provision in the paragraph above, we shall not be liable to you for:
(a) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(b) any loss or damage which may be incurred by you as a result of:
(c) 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 Service;
(d) any changes which we may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(e) 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 Service;
(f) your failure to provide us with accurate information;
9.3 The limitations on our liability to you in shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
10.1 The Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information.
10.2 The manner, mode and extent of advertising on the Service are subject to change without specific notice to you.
10.3 In consideration for us granting you access to and use of the Service, you agree that we may place such advertising on the Service.
11. Third Party Content
11.1 The Services may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources, which are provided, by companies or persons other than ourselves.
11.2 You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse any advertising, products or other materials on or available from such web sites or resources.
11.3 You acknowledge and agree that we are 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, or available from, such web sites or resources.
12. Changes to Terms
12.1 We may make changes to the Terms from time to time. When these changes are made, we will update the Terms available on our web site and any new Terms will be made available to you from within, or through, the Service.
12.2 You agree that you need to review the Terms on a regular basis, as we are not obliged to notify you of changes to the Terms.
12.3 You understand and agree that if you use the Service after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.
13.1 Sometimes when you use the Service, you may (as a result of, or through your use of the Service) use a service or download a piece of software, or purchase goods, which are provided by another party. Your use of these other service, software or goods may be subject to separate terms between you and the party concerned. If so, the Terms do not affect your legal relationship with these other parties.
13.2 The Terms constitute the legal agreement between you and us governing your use of the Service, and completely replace any prior agreements between you and us in relation to the Service.
13.3 You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
13.4 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
13.5 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.
13.6 Irish law shall govern the Terms, and your relationship with us under the Terms. You and Gizagoo Limited agree to submit to the exclusive jurisdiction of the courts of Ireland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.