These Terms & Conditions (“Terms“) govern your access to and use of Gig Pic, including any Gig Pic mobile applications and websites (the “Services“), and any images, information, text, graphics or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Please read the Terms laid out in this agreement thoroughly before proceeding to access the Services or Content. Your access to and use of the Services is conditioned on your acceptance of, and compliance with, these Terms. By accessing or using the Services you agree to be bound by these Terms. Failure to comply with these Terms will result in the termination of your access to the Services.
2. General Rules of Conduct
Whilst using the Services, you are responsible for you actions and for any Content you post to the Services, as well as any consequences thereof, legally or otherwise. The Content you submit, post, or display will be accessible by other users of the Services and, on occasion, through third party services and websites, as well as part of Gig Pic’s social media marketing. You should only provide Content that you are comfortable sharing with others under these Terms.
Use of the Services are conditioned on your ability to form a binding contract with Gig Pic. If you are an individual, group or organisation barred from receiving services under the laws of the United Kingdom (or other applicable jurisdiction), then you are unable to form a binding contract with Gig Pic, and therefore cannot partake in the Services on offer. If you are accepting these Terms – and are using the Services – on behalf of a company, organisation, government, or other legal entity, you confirm that you are an eligible representative authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, regional, national, and international laws, rules and regulations.
The Services that Gig Pic provides includes use of the Gig Pic app, which is subject to further development and alteration in the future. Therefore, the form and nature of the Services provided by Gig Pic may change from time to time, without prior notice to you. In addition, Gig Pic may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may come to include advertisements, which will be targeted based on queries and information submitted by you and other users of the Services. The types and extent of advertising by Gig Pic on the Services are subject to change. Advertising on the Gig Pic Services will never contravene acceptable material or good taste, and will be appropriate for the general user population. In return for Gig Pic granting you access to and use of their Services, you agree to allow Gig Pic and its approved third party providers and partners to place advertising on the Services. You also agree to refrain from using any advert blocking add-on, app or programme to unjustly limit the display of adverts on Gig Pic’s Services, including but not limited to the Gig Pic app, Gig Pic social media and the official Gig Pic website.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. Nor does Gig Pic endorse any opinions expressed via the Services, as images, messages, captions or any other form of communication. You understand that by using the Services, you may be exposed to Content that you might personally deem to be offensive, inaccurate, misleading or otherwise inappropriate. Gig Pic will endeavour to prevent Content deemed explicit, hateful or aggressive from appearing on the Services, but by accepting these Terms, you accept that there may be a delay before such Content is removed. You also agree that Content deemed explicit or offensive is at the discretion of Gig Pic. Under no circumstances will Gig Pic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 or broadcast elsewhere. Gig Pic recommends users retain a copy of Content uploaded to the Services in the event of deletion.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Gig Pic needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Content may be used for marketing and promotional purposes.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be distributed or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Gig Pic will not be responsible or liable for any use of your Content by Gig Pic in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use the Services
Gig Pic gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Gig Pic as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Gig Pic, in the manner permitted by these Terms.
7. Gig Pic’s Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Gig Pic and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Gig Pic reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Gig Pic, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Gig Pic’s computer systems, or the technical delivery systems of Gig Pic’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Gig Pic (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
Gig Pic respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Gig Pic will also terminate a user’s account if the user is determined to be repeatedly infringing on copyright.
10. Terminating this Agreement
The Terms will continue to apply until terminated by either you or Gig Pic. You may end your legal agreement with Gig Pic at any time, and for any reason, by deactivating your accounts and/or deleting the Services stored on your mobile device, or by altogether discontinuing your use of the Services.
Gig Pic reserves the right to suspend, terminate or withhold any and all parts of the Services at any time, for any reason, including (but not limited to): (i) the violation of these Terms by you or any individual or party using the Services via your mobile device or computer, (ii) a perceived risk or possible exposure arising from your use of the Services, or any activity which endangers Gig Pic, its employees or its users; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 5, 6, 8, 9, 11, 12, and 13.
Nothing in this section shall affect Gig Pic’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 2.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Gig Pic and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Gig Pic Entities“). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available on an “AS-IS” Basis
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, GIG PIC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Gig Pic Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your mobile device, any loss of data, or any other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Gig Pic Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Gig Pic Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GIG PIC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GIG PIC ENTITIES EXCEED THE GREATER OF ONE HUNDRED GREAT BRITISH POUNDS (GBP £100.00) OR THE AMOUNT YOU PAID GIG PIC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GIG PIC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
Any failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision on Gig Pic’s behalf. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts of the United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time – the most current version will always be here. If a revision is necessary, we will endeavour to update you on the state of these terms and conditions, to our discretion. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Gig Pic Limited. If you have any questions about these Terms, please contact us.
Effective: March, 2015