These Terms of Service are effective as of October 1st, 2018.
Please read carefully the following terms and conditions (“Terms”). These Terms govern your access to and use of the http://www.gigadgets.com website (“Website”) and all content and services available by GIGadgets Inc. (“GIGadgets”, “we”, “us”, “our”) at or through the Website (collectively “Services”).
Via our online platform (“Platform”), we or our customers (“Customers”) may post products (“Product”), and our website visitors (“Visitors”) and registered users (“Users”) can discover products of their preference.
The Website and Services are intended solely for persons who are 13 or older. Any access to or use of the Website or Services by anyone under 13 is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 13 or older.
Registration is not required for Visitors. Visitors may access the products posted on our Website freely. However, they are bound by our Terms.
In order to access certain features of the Website and Services and to post any Member Content on the Website, you must register to create an account (“Account”). You may register with GIGadgets through your account with certain third party social networking services, including Facebook. When you register through your SNS account, you will be asked to log in to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing GIGadgets to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their GIGadgets Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.
If Users log in via Facebook, they acknowledge that they are fully responsible for maintaining the security of their Facebook account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. GIGadgets will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions.
Each Account is personal and nontransferable. Your rights and obligations to GIGadgets are nontransferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. GIGadgets will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
4. Our Responsibility to Our Users and Visitors
a) No responsibility for the Products
Users and Visitors agree and acknowledge that GIGadgets does not perform any quality control, regarding each Product’s quality, standards, licenses, etc., nor does it provide any guarantee for each Product’s functionality according to its specifications. Users and Visitors agree and acknowledge that they have to independently verify the Product’s quality, standards, licenses, and specifications and make their own due diligence before purchasing a Product. In no event shall GIGadgets be liable for any Product purchase made in reliance on any Information available in our Website.
b) No endorsement of any particular Product
Users and Visitors understand and acknowledge that GIGadgets does not make any endorsements of any particular Product. However, GIGadgets provides recommendations and suggestions based on the Users’ choice of filter.
c) No involvement in purchase arrangements between Users and Visitors and Customers and third party companies (“Merchants”)
GIGadgets facilitates Users and Visitors to discover Products online. Any relationship, arrangement or contract – oral or written – among Users and Visitors and any Customer or Merchant, is made directly between the Users, Visitors, and the Customers and Merchants, and GIGadgets is not a party to that relationship, arrangement or contract. GIGadgets is not in any way involved in any purchase transactions (“Transaction”) between the Users, Visitors and the Customer or Merchant. Furthermore, GIGadgets is not responsible for the payment of the purchase price of the Product. The payment of such fees and charges is entirely the Users’ and Visitors’ responsibility. Users and Visitors acknowledge that any claim that they may have that is in any way connected with a dispute or a complaint against a Customer or Merchant, must be brought directly against that Customer or Merchant.
The Website and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. To the extent permitted by applicable law, GIGadgets owns all right, title and interest in and to the Website and Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Services.
GIGADGETS ACTS AS A CONNECTING PLATFORM WHERE USERS AND VISITORS MAY ENTER INTO TRANSACTIONS WITH MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY IN THE TRANSACTION. WE ARE NOT RESPONSIBLE NOR GUARANTEE THE PROPER EXECUTION OF THE TRANSACTION AND/OR FOR ANY QUALITY, SAFETY, OR LEGAL ISSUES THAT MAY ARISE BETWEEN YOU DURING OR AFTER THE EXECUTION OF THE TRANSACTION. YOU ACKNOWLEDGE THAT USERS AND VISITORS PURCHASE THE PRODUCTS FROM THIRD-PARTY WEBSITES. YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF CUSTOMERS AND MERCHANTS FOUND ON THE WEBSITE OR SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS ARE SOLELY BETWEEN YOU AND SUCH MERCHANTS. GIGADGETS HAS NO INVOLVEMENT IN THE EXECUTION OF THE TRANSACTION WHATSOEVER AND DISCLAIMS ANY LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT GIGADGETS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH MERCHANTS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES. YOU UNDERSTAND THAT GIGADGETS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE WEBSITE OR SERVICES, NOR DOES GIGADGETS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. GIGADGETS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES.
7. Users’ and Visitors’ Responsibility
a) The content available on our Website is provided for the sole purpose of our Services. You may use, print and download information from the Website for this purpose only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the Website. If you perform an unauthorized use of the content of our Website, we have the right to immediately stop providing our Services to you and terminate your Account.
b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
c) When using our Website, you shall not:
post, publish, upload, submit or otherwise distribute any content on or through the Services that:
infringes or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
is fraudulent, false, misleading or deceptive
is defamatory, obscene, vulgar or offensive, pornographic or contains nudity
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
is violent or threatening or promotes violence or actions that are threatening to any other person
promotes illegal or harmful activities or substances
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
contains software viruses or any other harmful computer codes, files, or programs
includes anyone’s identification documents or sensitive financial information
modify, translate, or otherwise create derivative works of any part of the Services
attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services
take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services
interfere with the proper working of the Services we provide or any activities conducted on the Services
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website
act in such a way that the Services are damaged, interrupted or made less efficient
manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services
violate any applicable law or regulation or
otherwise, take any action in violation of our guidelines and policies
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder
Our Visitors and Users are able to make reviews on the Product’s performance, quality, and functionality, by leaving a brief comment. Users and Visitors agree that they must make their reviews on the basis of honest practices and principles of morality. Their reviews must be true and accurate and not be hostile, disruptive, defamatory, offensive or misleading. Users and Visitors acknowledge and agree that GIGadgets retains all ownership rights of the reviews posted on our Website by our Visitors and Users. GIGadgets reserves the right to withdraw the review and cancel a User’s Account if it is determined that the review was false or inappropriate.
We have created an advertising plan (“Advertising Plan”) for companies that wish to increase the exposure and sales of their products. We offer additional features for Customer products in exchange for a one-time compensation fee. Our Advertising Plan’s terms are governed by these Terms in addition to our Advertising Agreement. Please e-mail us at firstname.lastname@example.org to find out more about the terms and policies of our Advertising Plan.
11. Termination of the Use of Our Services
Visitors have the right to terminate our Services at any time by simply stop visiting our Website.
Users have the right to terminate our Services at any time by deleting your Account at our Website. We continue to keep saving your information and data after termination of your use of our Services. However, you have the right to request that we completely delete your Account and your Personal Information from our system. As soon as you notify us at email@example.com and after we send you a confirmation of receipt of your request, your Account and Personal Information shall be marked as deleted in the system.
12. Suspension & Disablement of Your Account
GIGadgets reserves the right at any time to permanently or temporarily terminate or suspend your access to the Website or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Website or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Regarding any breach of Terms or any violation of the law or any regulation, GIGadgets also reserves the right to take further action as in its sole discretion considers appropriate or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate without the obligation to make any refunds. GIGadgets shall have the sole and absolute discretion to decide whether you have breached any of the Terms, and such decision shall be final. In case GIGadgets has not exercised the right under this paragraph, it shall not be deemed to be a waiver.
13. Service Availability Disclaimer
We will make all reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error-free. The Website may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance on the Website.
14. Warranty Disclaimer / Limitation of Liability
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”. USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGADGETS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. GIGADGETS MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GIGADGETS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL GIGADGETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIGADGETS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold GIGadgets, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, attorneys’ fees, arising out of or in any way connected with:
your access to or use of the Website or Services or your placement or transmission of any message or information on this Website by you
your violation of any of the Terms
your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights
your violation of any law, rule or regulation
any claim or damages that arise as a result of your use of our Services
In the event that you have a dispute with one or more Visitors, Users, Customers and/or Merchants, you release GIGadgets (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. Intellectual property
All trademarks, service marks, graphics and logos, trade names and any other proprietary designations of GIGadgets used in connection with the Website are trademarks or registered trademarks of GIGadgets. Any other trademarks, service marks, graphics and logos, trade names and any other proprietary designations used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GIGadgets or third-party trademarks. You expressly declare and undertake not to register any domain name that includes the word “GIGadgets” nor to use the word “GIGadgets” in any way that may cause confusion on any advertising service on the Internet.
17. Copyright infringement
As GIGadgets asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GIGadgets violates your copyright, you are encouraged to notify GIGadgets at firstname.lastname@example.org. GIGadgets will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GIGadgets will terminate a Visitor’s or User’s access to the Services if, under appropriate circumstances, they are determined to be a repeat infringer of the copyrights or other intellectual property rights of GIGadgets or others.
18. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Any dispute, claim or controversy arising from or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
20. Notification Procedures
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through the posting of such notice on our Website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Thing Daemon may assign or transfer these Terms, at its sole discretion, without restriction. You may not assign or transfer these Terms, by operation of law or otherwise, without GIGadgets’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notice to be served on or documentation to be sent to any party to these Terms shall be deemed to be properly served if sent by email to the following email: email@example.com.
GIGadgets may amend these Terms at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by GIGadgets. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these Terms incorporating the changes.
24. General Terms
These Terms shall endure for the benefit of and be binding upon the respective administrators, successors, and assigns of each party hereto.
All terms, conditions, and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle GIGadgets to either terminate your Account and stop providing its Services, and claim damages or terminate without any claim for damages or claim damages without terminating your Account and stop providing its Services.
The failure of GIGadgets to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GIGadgets. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Termination of the Account and termination of Services shall not affect the accrued rights of GIGadgets arising in any way out of these Terms as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these Terms which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.