GIFwrapped

The iOS app for collecting and sharing
GIFs right from your iPhone or iPad.

Terms of Service

Please carefully read the following Terms of Service (the “Terms”). By downloading GIFwrapped (the “App”), or by using or accessing any of the services, features, or Content provided by the App or its website (collectively, the “Services”), You agree to be bound by the Terms and You signify that You have read and understood them. If You do not agree with the Terms, You may not use the Services in any way.

The App and Services are owned and operated by Daniel Farrelly (“me”, “I”, or “my”).

Use of the Services may be subject to additional terms and policies, including, without limitation, the terms governing the use of Apple devices, Apple’s “App Store”, the Dropbox sync service, or the Giphy search engine. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and policies.

These Terms of Service apply to any user of the Services (“You”), including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Payment

Use of the App is free of charge, except for certain services, features, or content that may be subject to fees at the rates and schemes determined by Me, and posted on the relevant pages within the Services ("Paid Services). Access to Paid Services can only be purchased through the platform on which you are using the App (Apple iOS). I may, at any time and in my sole discretion, change free-of-charge services, features, or content to be Paid Services, or make Paid Services free-of-charge.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under 13, you may not, under any circumstances or for any reason, use the Services. I may, at any time and in my sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

Content

Definition. For purposes of these Terms, the term “Content” includes, without limitation, information, data, photographs, videos, GIFs, and graphics generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms, “Content” also includes all User Content (as defined below).

User Content. All Content added, uploaded, distributed, or created using the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all User Content you create using the Services does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) take any action or upload, create, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Content, that:

  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  2. you know is false, misleading, untruthful or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by me in my sole discretion;
  4. constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (“spamming”);
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of ours or of any third party;
  6. impersonates any person or entity, including me, or any of my employees or representatives;
  7. includes anyone’s identification documents or sensitive financial information; or
  8. is otherwise prohibited by any applicable law.

When using the Services, You agree to refrain from:

  1. Breaching these Terms or any other applicable rules and instructions that I may convey with respect to the Services;
  2. Interfering with, burdening or disrupting the functionality of the Services;
  3. Breaching the security of the App or Services or publicly identifying any security vulnerabilities in them;
  4. Circumventing or manipulating the operation or functionality of the Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Services;
  5. Sending automated or machine generated queries;
  6. Using robots, crawlers and similar applications to collect and compile content from the Services or send data to the Services including for the purposes of competing with the Services, or in such ways that may impair or disrupt the Services' functionality;
  7. Displaying or embedding content from the Services, including by any software, feature, gadget or communication protocol, which alters the content or its design;
  8. Impersonating any person or entity in a manner that violates any third party rights;
  9. Collecting, harvesting, obtaining or processing personal information regarding the Services' users, without their prior explicit consent;
  10. Abusing, harassing, threatening or intimidating other users of the Services;
  11. Linking to the Services from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
  12. Engaging in any activity that constitutes a criminal offence or gives rise to civil liability; or
  13. Violating any applicable law.

If You receive or are aware of any Content made available through the Services that violates these Terms, please let me know by contacting me at support@gifwrapped.co. I will review every request and take action as necessary.

I may, but am under no duty to, review any Content that was shared through the App, and remove, block access or use of such content, or refuse to share it through the Services, for any reason that I may consider to be justified at my sole discretion.

I MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICES. I MAY BLOCK YOUR ACCESS TO AND USE OF THE SERVICES, WITHOUT PRIOR NOTICE AND AT MY SOLE DISCRETION, IF I BELIEVE THAT YOU ARE USING THE SERVICES FRAUDULENTLY OR ABUSIVELY.

Third Party Services

The Services may permit you to link to other websites, services or resources on the Internet including those that provide Content through my Services, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under my control, and you acknowledge that I am not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply my endorsement or any association between me and their operators. You further acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Warranty Disclaimer

I have no special relationship with or fiduciary duty to You. You acknowledge that I have no duty to take any action regarding:

You release me from all liability for You having acquired or not acquired Content through the Services. I make no representations concerning any Content contained in or accessed through the Services, and I will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. I, AND MY EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless my, my affiliates and each of my and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms, or infringement by You, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. I reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with me in asserting any available defences.

Limitation of Liability

IN NO EVENT SHALL I, NOR MY EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $50.00.

Governing Law and Jurisdiction

These terms of use are governed by the laws of the Australian Capital Territory, Australia. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the courts of the Australian Capital Territory.

Modification

I reserve the right, in my sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or Content) at any time by posting updates and/or changes to the Site (or the applicable Services) or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. I may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.

Miscellaneous

Assignment. You may not assign or transfer Your rights and obligations under these Terms without my prior written consent. Any attempted or actual assignment by You, without my prior written consent, shall be null and void.

Changes in ownership. In the event of M&A, I may, upon notice to You and without obtaining Your consent, assign and delegate these Terms, including all of my rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes my stead and I am irrevocably released from all performances, duties, liabilities and obligations contained herein.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalised or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between You and me concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by me, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by my authorised representative. Failure on my part to demand performance of any provision in these Terms shall not constitute a waiver of any of my rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between You and me.

Contact

At any time, You may contact me with any question, request, comment or complaint that You may have with respect to the Services or these Terms, at support@gifwrapped.co, or through my online contact form.

Last modified 4 April, 2018.

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