terms of serviceWelcome to gdgt! The following terms are as of June 30, 2009.
DESCRIPTION OF SERVICE AND ACCEPTANCE
gdgt ("gdgt," "we" or "us") provides a website and online service offering Our website, including the content found on our website, and any other features, tools, applications, materials or other services offered from time to time by gdgt in connection with its business are referred to collectively as the "gdgt Services." We are a company based in the United States.
It is our pleasure to provide the gdgt Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the gdgt Services, it is important to follow the terms and conditions described in this Terms of Service ("Terms of Service" or "Terms"). By visiting the gdgt Site (whether or not you are a registered member) or using any of the gdgt Services, you are accepting this Terms of Service. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please use our contact form to send us an email (subject line: "TOU Question").
gdgt may change this Terms of Service at any time and such change shall be effective upon posting the new Terms of Service on the gdgt Site at http://gdgt.com/tos/. Any visit to the gdgt Site or use of the gdgt Services by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
ACCESS AND USE OF THE GDGT SERVICES
- Your License. gdgt is pleased to grant you a limited license to access and make personal, non-commercial use of the gdgt Services. gdgt owns and retains all rights to the gdgt Services. Please remember that the content displayed as part of the gdgt Services (the "gdgt Content") is owned by gdgt and its licensors (including users). The gdgt Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.
- The Content. You may view the gdgt Content only for your own use and you must leave any copyright and other proprietary notices marked on the gdgt Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the gdgt Content is strictly prohibited unless you have obtained the prior written consent of gdgt or unless it is expressly permitted by gdgt on a Site. The gdgt Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the gdgt Content, unless you have obtained the prior written consent of gdgt. This prohibition applies even if you intend to give away the derivative materials.
- Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue - temporarily or permanently - some or all of the gdgt Services, at any time without notice. We also reserve the right to revoke a username if gdgt in its commercially reasonable discretion finds it necessary to do so. It is important that you understand that gdgt will not be liable to you for any modification, suspension or discontinuance of the gdgt Services, or for revocation of a username.
USERS SHARING CONTENT AND INFORMATION
Stuff You Post on gdgt. You are responsible for the content and information you post on gdgt (including but not limited to text, data, photos, and videos) (collectively, "Your Content"). gdgt does not claim any ownership rights in Your Content, even after you post it on gdgt. In order for us to Use (as defined below) certain types of content, you agree to the following:
- You must be, or have first obtained permission from, the rightful owner of Your Content. By submitting Your Content, you represent and warrant that you own Your Content or otherwise have the right to grant gdgt the license provided below; you also represent and warrant that the posting of Your Content is not known to be false or inaccurate by you and does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting Your Content. gdgt will remove Your Content if properly notified that Your Content infringes on another person's rights, and may deactivate your account and/or revoke your username if properly notified that your use of the username infringes on another person's (or business') intellectual property or publicity rights. You understand that gdgt does not guarantee any confidentiality with respect to Your Content, that gdgt takes no responsibility for Your Content, and cannot be held liable for Your Content.
- You specifically give gdgt the following permission: you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use, display, reproduce, distribute, modify, prepare derivative works of, perform, or publish (collectively, "Use") Your Content in any media channels, platforms or formats. You also acknowledge that gdgt may sell advertising around Your Content, so long as the placement and messaging of such advertising does not suggest or imply that Your Content is in any way endorsed by or affiliated with the sponsor or its products or services. This Content License to Your Content is perpetual, except that this Content License ends with respect to content you contribute to your personal profile when you delete Your Content or deactivate your account (except to the extent your content has been shared with others, and they have not deleted it). By Posting Your Content, you also hereby grant each user of the gdgt Services a non-exclusive limited license to Use Your Content as permitted through the functionality of the gdgt Services and under these Terms of Service.
- We always appreciate your feedback or other suggestions about gdgt, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep gdgt safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users (such as spam, marketing, sales offers, coupons, or related materials).
- You will not collect users' information, data, or otherwise access gdgt, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- No one may send or use the gdgt Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications (commercial or otherwise). You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.
- You will not upload viruses or other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, impersonate, or harass any user, or otherwise interfere with any other party's use and enjoyment of the gdgt Services.
- You will not post content that is defamatory, fraudulent, libelous, obscene, hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not use gdgt to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
- You may terminate your account by useing our contact form to send us an email (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
- We reserve the right to immediately terminate your account or your use of the gdgt Services at any time without notice or liability if gdgt determines in its sole discretion that you have breached this Terms of Service, violated any law, rule, or regulation, engaged in other inappropriate conduct, or that there is some other reasonable basis for terminating your account or your use of the gdgt Services. We also reserve the right to terminate your account or your use of the gdgt Services if such use places an undue burden on our network or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the gdgt servers being made or the volume of User Content being posted.
REGISTRATION AND ACCOUNT SECURITY
gdgt users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on gdgt, create more than one (1) user account for yourself, or create an account for anyone other than yourself without permission.
- You will not use gdgt if you are under 13.
- You will not use gdgt if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are responsible for all use on your account, including unauthorized use by any third party. Please use our contact form to send us an email (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account.
- You will not transfer your account to anyone without first getting our written permission. You will not attempt to access or use another user's account.
RESPECTING THIRD PARTY RIGHTS
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on gdgt that infringes someone else's rights or otherwise violates the law.
- We can remove any content you post on gdgt at any time and without notice to you if we believe that it violates these Terms.
- We will do the right thing if/when we receive a notice from you indicating that your intellectual property rights have been violated.
- If we removed your content for infringing someone else's rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks without our written permission.
- You will not impersonate any person or entity (including a company), or otherwise misrepresent your identity.
- You will not post anyone's identification documents or sensitive financial information on gdgt.
LINKED WEBSITES AND ADVERTISING
gdgt is not responsible for the content or practices of any other website, even if it links to the gdgt Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with gdgt. By using the gdgt Services, you acknowledge and agree that gdgt is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements. gdgt takes no responsibility for advertisements, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the gdgt Services are between you and the advertiser, and you agree that gdgt is not liable for any loss or claim that you may have against an advertiser.
Access to the gdgt Site and use of the gdgt Services is free. If we feel it is appropriate to charge for certain premium gdgt Services, we will of course notify you. You will then have an opportunity not to use such premium gdgt Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
COLLECTION AND USE OF PERSONAL INFORMATION
gdgt, the gdgt logo, and other gdgt marks, graphics, logos, scripts, and sounds are trademarks of gdgt. None of the gdgt trademarks may be copied, downloaded or otherwise exploited without gdgt's prior written consent.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE GDGT SERVICES, YOU AGREE THAT USE OF THE GDGT SERVICES IS AT YOUR OWN RISK. THE GDGT SERVICES, THE CONTENT, USER CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH GDGT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GDGT DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE GDGT SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL GDGT OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "GDGT PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE GDGT SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE GDGT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GDGT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE GDGT SERVICES.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT (OR OTHER) INFRINGEMENT
If you believe that any Content, User Material or other material provided through the gdgt Services, including through a link, infringes your copyright, you should notify gdgt of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which gdgt receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to gdgt's Copyright Agent by using our contact form (subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the gdgt Services that is reasonably sufficient to enable gdgt to identify and locate the material; (d) how gdgt can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to gdgt for purposes other than communication about copyright infringement may not be answered.
gdgt has a policy of terminating repeat infringers in appropriate circumstances.
If you believe that any Content, User Material, username, or other material provided through the gdgt Services, infringes your trademark or other intellectual property rights, you should notify gdgt of your infringement claim by using our contact form to send us an email with the nature of your claim in the subject line.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the gdgt Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law. This Terms of Service is governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco County of the State of California.
No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would please use our contact form to send us an email (subject line: "TOU Violation"). Precisely how gdgt responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon gdgt's precise response in one situation as any indication of what gdgt might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Service with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. gdgt's decision to delay exercising or enforcing any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy.
Integration, Amendment, and Severability. Please note that this Terms of Service constitutes the entire legal agreement between you and gdgt and governs your use of the gdgt Services (but excluding any services, if any, that gdgt may provide to you under a separate written agreement). It may not be amended or varied by you except in a writing signed by gdgt. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if gdgt acts in a way that appears to you to be inconsistent with these Terms of Service, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Service operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Third Party Posts. Some content posted by users ("User Content") may be objectionable, unlawful, inaccurate or inappropriate. gdgt does not endorse User Content, and the User Content does not reflect the opinions or policies of gdgt. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate. In no event does gdgt assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against gdgt with respect to such User Content. You can help us tremendously by notifying us of any inappropriate User Content you find. If a "report" feature through the gdgt Services is not available for a specific instance of inappropriate User Material, please please use our contact form to send us an email (subject line: "Inappropriate User Material").
Thank you for taking the time to read this Terms of Service. By following these Terms, the experience will be better for all users. Enjoy gdgt and the gdgt Services!