TERMS OF SERVICE

(1) Your consent to these terms

Accessing any page of our website (gifsec.com) constitutes your consent, agreement to these terms of use and also to our Privacy Policy (below). If you do not consent, then do not use our website. Furthermore, your use of our website to do anything beyond simply accessing/viewing it (uploading, downloading, commenting, etc.), constitutes not just your consent, but also your electronic signature. This means that you are contractually bound by these terms and by our Privacy Policy.

 

(2) Intellectual Property

By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else’s rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant GifSec a non-exclusive, royalty- free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to GifSec pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content GifSec has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

 

By downloading a file or other content from the GifSec site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.

 

We comply with the Digital Millennium Copyright Act (DMCA). If you believe uploaded material on our site violates your copyrights, you can reach us at dmca@gifsec.com.

 

You can also contact us at contact@gifsec.com for other purposes.

 

(3) Obscene material

Don’t upload gore, obscenity, advertising, solicitations, pornographic, “hate speech” (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality.

 

(4) Disclaimer of Warranties, Limitations of Remedies, Indemnity

Although of course we strive to make GifSec as dependable as possible, GifSec’s services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. GIFSEC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER GIFSEC TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, GIFSEC HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. GIFSEC DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON GIFSEC.COM THAT IS NOT PRODUCED BY GIFSEC, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

 

GIFSEC’S liability for the loss of any services and/or of any images or other data you may have stored on GIFSEC’s service is limited to a refund of the cost, pro-rated if applicable, of the most recent month of service (if you have paid for an GIFSEC Pro subscription). Otherwise, your sole remedy is to discontinue the use of our service. GIFSEC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, GIFSEC’S SERVICES, EVEN IF GIFSEC HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF GIFSEC’S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

 

YOU WILL INDEMNIFY AND HOLD GIFSEC AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.