Terms & Conditions | GigaReel

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Terms & Conditions

  1. NATURE AND APPLICABILITY OF TERMS
    1. This Agreement defines the terms and conditions under which you are allowed to use the website www.gigareel.com. If you have any questions about any part of the Agreement, feel free to contact us at contact@gigareel.com.
    2. By using or visiting the Gigareel website or any Gigareel products, software, data feeds, and services provided to you on, from, or through the Gigareel website you irrevocably accept all the conditions stipulated in this agreement and agree to abide to these terms and conditions, if you do not agree to any of these terms, please do not use the services.
    3. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. If you do not agree to be bound by the terms of this agreement, please immediately terminate the usage of this website.
    4. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications may be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
    5. Your access to use of the Website and the Services will be solely at the discretion of Gigareel.com
    6. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to the (Indian) Information Technology Act, 2000.
  2. SERVICES
    1. AGE LIMIT: You must be 18 years of age, or the age of maturity in your country, province or territory to use the Gigareel service. Minors may only use the service under the supervision of an adult.
    2. NOTICE TO PARENTS AND GUARDIANS:By granting your child permission to use the Gigareel Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Gigareel Service.
    3. WARNING:Even if you are old enough to use the Gigareel Service and/or have your parent’s or guardian’s permission, some of the content available within the Gigareel Service may not be appropriate for you. Some content may contain “A-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
    4. The Service may contain links to third party websites that are not owned or controlled by Gigareel. Gigareel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Gigareel will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Gigareel from any and all liability arising from your use of any third-party website.
    5. The Gigareel service and any content viewed through the service is for your personnel and non-commercial use only.
    6. The quality of the display may vary from computer to computer, and device to device and may be affected by a variety of factors, such as your location, the bandwidth available through your and/or speed of your internet connection. However we recommend a faster connection for improved video quality. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
  1. RESTRICTIONS AND PERMISSIONS
    1. Except as expressly permitted by Gigareel in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Gigareel Service or any source code therein. Nor will you attempt to circumvent any of Gigareel’s technical measures or take any measures to interfere with or damage the Gigareel Service. All rights not expressly granted by Gigareel are reserved.
    2. You agree to use the Gigareel service including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations or other restrictions on use of services and content therein.
    3. You agree not to archive, reproduce, distribute, modify, display, download, perform, publish, license, create derivative works from, offer for sale or use( except as explicitly authorised by Gigareel) content and information contained on or obtained from or through the Gigareel service.
    4. You also agree not to circumvent, remove, alter, degrade, and thwart any of the content protections in the Gigareel services; use any robot scrapper, spider and other automated means to access the Gigareel service. Decompile, reverse engineer or disassemble any software or other products or processes accessible through the Gigareel service; insert any code or product or manipulate the content of the Gigareel service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Gigareel service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these terms of use or are engaged in illegal or fraudulent use of the service.
  1. MEMBERSHIP
    1. REGISTRATION:To fully use the Gigareel Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Gigareel and notify us if your information changes.
    2. USER NAME:We encourage you to use your real name. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
    3. ACCOUNT SECURITY:You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Gigareel Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at contact@gigareel.com.
  2. CONTENT RESTRICTIONS

You may not upload, post, or transmit any video, image, text, audio recording, or other work that:

  1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  2. Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  4. Exploits minors;
  5. Depicts unlawful acts or extreme violence;
  6. Depicts animal cruelty or extreme violence towards animals;
  7. Promotes fraudulent or dubious business schemes; or
  8. Violates any law.

 

All videos you submit must also comply with the Gigareel Guidelines, which are incorporated into this Agreement.

  1. CODE OF CONDUCT

In using the Gigareel Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  1. Act in a deceptive manner by, among other things, impersonating any person;
  2. Harass or stalk any other person;
  3. Harm or exploit minors;
  4. Distribute “spam”;
  5. Collect information about others; or
  6. Advertise or solicit others to purchase any product or service within the Gigareel Site (unless you are an official Gigareel partner or advertiser and have a written agreement with Gigareel).

Gigareel has the right, but not the obligation, to monitor all conduct on and content submitted to the Gigareel Service.

  1. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Gigareel’s prior written consent. No third party shall have any rights hereunder.

  1. GOVERNING LAW

This agreement shall be governed by the laws applicable in India.

  1. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect such provision shall be fully severable from this Agreement and the remainder of this Agreement shall remain in full force and effect;

  1. MODIFICATION

This Agreement may not be modified except by a revised Terms of Service posted by Gigareel on the Gigareel Site or a written amendment signed by an authorized representative of Gigareel. A revised Terms of Service will be effective as of the date it is posted on the Gigareel Site.

  1. INTELLECTUAL PROPERTY

Company shall be the sole and absolute owner of the intellectual property rights including, but not limited to, copyright, trademarks, trade names and trade secrets, contained in all materials, content, documents, logos, websites and other media used under this Contract. You are granted a non-exclusive, non-transferable license to access and use Gigareel in accordance with the terms and conditions.

All content included as part of the service such as text, graphics, logos, and images as well as the compilation thereof, and any software used on the site, is the property of the company and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe abide by all copyright and proprietary notices, legends and other restrictions contained in any such content and will not make any changes thereto.

 

  1. WARRANTIES

The Gigareel service is provided “as is” and without warranty. You agree that your use of the services shall be at your own sole risk. To the fullest extent permitted by law, Gigareel, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof. To the fullest extent permitted by law, Gigareel excludes all warranties, conditions, terms or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes or inaccuracies of content, (2)personnel injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (3) any unauthorised access to or use of our secure server and/or any and all personnel information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our services, (5) any bugs, viruses or the like which may be transmitted to or through our services by any third party, and/or (6)  any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Gigareel does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or   offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Gigareel will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of product or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

 

  1. LIMITATIONS ON LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIGAREEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, GIGAREEL LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT GIGAREEL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

  1. Indemnity

To the extent permitted by applicable law you agree to indemnify, defend and hold harmless Gigareel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the service; (2) your violation of any term of these terms of service; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that your content caused damage to a third party. This defence and indemnification obligation will survive these terms of services and you use of the service.

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