Terms & Conditions
LAST UPDATED ON: 03-04-2019
“We” “our” and “us” mean GifSwipe, and/or any successor or assign of GifSwipe.
“Services” means any content, platform, website, access or usage provided by
GifSwipe. By using our Services, you agree to abide by these Terms. If you do
not agree with all of the Terms, you may not use our services and may not
register with GifSwipe.
YOU MUST BE 18+ TO USE OUR SERVICES. BY ACCESSING AND/OR USING GIFSWIPE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER.
Right to Use
You warrant that you are at least 18 years of age, or the legal age of majority
according to the laws of your jurisdiction for accessing adult-oriented content.
You agree that you are accessing this content for your own personal enjoyment
and will ensure that this material is not made available to any minors.
Your right to use the Services is subject to any limitations, conditions, and restrictions established by us in our sole discretion. We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to some or all of the Services without notice or liability.
GifSwipe provides its content and Services to users for their personal and
non-commercial use only. We reserve the right to terminate your access and/or
subscription if you are found to be in violation with these Terms. We reserve
the right to make changes to these Terms and will notify you by changing the
date at the top of this Agreement. You acknowledge that it is your responsibility
to check these Terms and ensure you are up to date.
The Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. To the extent permitted by law, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that use of the service is at your own risk. We do not represent or endorse the accuracy or reliability of any software, programs, advice, opinion, statement or other information displayed, uploaded or distributed through the Services, our partners, or any user of the service or any other third person or entity. You acknowledge that any reliance upon any such opinion, download, advice, statement or information shall be at your sole risk. Your continued use of the service will constitute a binding acceptance by you of this Agreement.
Content Posted by Users
The Website may contain message boards, chat rooms, personal web pages or profiles, playlists, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, upload, create, submit, publish, make available, send, share, communicate, display or transmit to other users or other persons (collectively, "post") content, data, information, videos, images, audio recordings, materials, code or content of any kind (collectively, "Content") on or through the Website.
As a Website account holder you may submit Content to the Website and other Websites linked to the Website, including videos and user comments. You understand that the Website does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing transmitting or otherwise making available your Content on the Website. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Website. We do not control Content you submit or contribute and we do not make any guarantee whatsoever related to Content submitted or contributed by users. Although we sometimes review Content submitted or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Website all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website pursuant to these Terms of Service.
You further agree that Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the Website all of the license rights granted herein.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Website, you hereby grant the Website a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, communicate, and perform the Content in connection with the Website’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content.
In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each user of the Website a non-exclusive, royalty free license to access your Content through the Website, and to use, reproduce, distribute, display, communicate and perform such Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in any Content you submit to the Website terminate within a commercially reasonable time after you remove or delete your Content from the Website. You understand and agree, however, that the Website may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
The Website does not endorse any Content submitted to it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Website expressly disclaims any and all liability in connection with Content. The Website does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Website will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Website reserves the right to remove Content without prior notice.
All Content you submit must comply with the Content standards set out in these Terms of Service.
If any of the Content that you post to or through the Website contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
In the process of posting Content to the Website, you may be asked to provide some personally identifying information, such as your name, address, e-mail address, a password, and other documentation. You may also be asked to provide such information in order to use certain features of the Website.
We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or other personally identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using the Website, including the name used in registering for and using the Website or other personally identifying information, may be displayed to other members of the Website, and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances.
You agree that you will only use the Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Website and our services for any other purposes, including commercial purposes, without our express written consent.
You agree that you will view the Website and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Website or eliminating any of the content of the Website, including ads. By using the Website you expressly agree to accept advertising served on and through the Website and to refrain from using ad blocking software or to disable ad blocking software before visiting the Website.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Website or use and/or monitor any information in or related to the Website for any unauthorized purpose. Specifically, you agree not to use the Website to:
violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
post any Content depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech, (either aurally or via the written word);
post any Content that contains falsehoods or misrepresentations that could damage the Website or any third party;
post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
post any Content which impersonates another person;
deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
exceed your authorized access to any portion of the Website;
remove, delete, alter, circumvent, avoid or bypass any digital rights management technology;
collect or store personal data about anyone;
alter or modify without permission any part of the Website or its content, including ads;
obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;
use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
use any device, bots, scripts, software or routine that interferes with the proper working of the Website or that shortcut or alter Website functions to run or appear in ways that are not intended by Website design;
introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Website or our services;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
remove or refuse to post any Content you submit or contribute to the Website for any or no reason in our sole discretion,
take any action with respect to any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us,
disclose your personally identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy,
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website,
terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Website may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Website in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
However, we do not undertake to review Content before it is posted on the Website, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Account Termination Policy
While pornographic and adult-oriented Content is accepted, the Website reserves the right to decide whether Content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material. The Website may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to the Website or stop providing all or part of the Website to you.
Copyrights and Other Intellectual Property
The Website respects the intellectual property of others, and requires that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.
The Website operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found https://gifswipe.com/dmca. If you believe that any Content violates your copyright, please see our Copyright https://gifswipe.com/dmca for instructions on sending us a notice of copyright infringement.
As part of our Copyright Policy, the Website will terminate user access to the Website if, under appropriate circumstances, a user has been determined to be a repeat infringer.
The Website is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question. If the trademark owner is unable to reach a resolution with the user, it may send us a notice at copyright [at] gifswipe.com. The Website is willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement.
Privacy and Use of Information
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation, reasonable legal fees which we may suffer from your activities on or use of the service, such as any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Disclosures and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the service, or of any GifSwipe related products and services.