These Terms and Conditions of Use (“Terms of Use”) govern the accessing, viewing or using the content and services under the giflytics.com domain, or any of Giflytics LLC (collectively,“Giflytics”, “we”, “us” or “our”) successor websites, including without limitation to any application programming interface (API) associate therewith(collectively referred to as the “Website”).
Please read the following terms and conditions and our Privacy Policy carefully. By accessing, viewing or using the Website in any way, you indicate that you understand and fully accept these Terms of Use and that they are binding between you and Giflytics. If you do not accept these Terms of Use, you should not access, view or use the website in any manner.
‍Amendments to Terms of Use Giflytics reserves the right to change these Terms of Use, in whole or in part, at any time by posting new Terms of Use at this location. We recommend that you come back and review this page from time to time as you are solely responsible for being cognizant of any modifications made. Your use of the Website is governed at all times by the then-current Terms of Use. Your continued use of the Website following any changes to these Terms of Use and Privacy Policy will constitute your acceptance of such changes.
‍Provided Information Giflytics processes any information about you, and information you may have provided us, in accordance with these Terms of Use and our Privacy Policy. By using our site, you agree to such processing and confirm that all the information you provide is accurate. In the event that you submit your name, phone number, email account information, or other contact information, you agree that we can use these to contact you.
‍Content You represent and warrant that (a) all of the information provided by you to Giflytics and/or the Website is full, complete and accurate; (b) you will not create single account that multiple users will use; (c) you have all necessary right, power, and authority to enter into this agreement and to perform the acts required of you hereunder; (d) you will not use the Website for any unlawful purpose or in violation of any law; and (e) you will not post or transmit through the Website any material that violates or infringes in any way upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, hateful, obscene, profane or otherwise objectionable.By submitting information or material to Giflytics and/or the Website, you automatically grant to Giflytics, or warrant that the owner of such material has expressly granted to Giflytics, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, make derivative works of and distribute such information and/or material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other proprietary rights that may exist in such material (including any moral rights), and to grant and authorize sub licenses thereof. You also agree that any other user of the Website may access, display, view, store and reproduce the material for that user’s personal use. You shall not upload, post or otherwise make available on theSite any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any of your submissions.
‍Conduct You agree:To use the Website for lawful purposes onlyNot to use theWebsite contrary to these Terms of Use or in any manner that could damage, disable or impair the WebsiteNot to allow the service and/or any related advertising to be placed on any third party web siteNot to adjust, alter, modify, decipher, make derivative works of, disassemble, or reverse engineer the service or any code or documentation furnished by Giflytics in connection with the WebsiteNot to use our services in any manner which interferes with the performance or functionality of the Website Not to attempt to gain access to secured portions of this site to which you do not retain access rights
‍Proprietary Rights and Confidentiality All right, title and interest in and to the site, service, compilations, and other materials related to the service are and shall at all times remain the sole and exclusive property of Giflytics and are protected by applicable intellectual property laws and treaties. All data related to the site or collected by the service is sole property of Giflytics. You acknowledge that you do not acquire any ownership rights in or to the service or the data collected.Warranty Disclaimer GIFLYTICS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, MERCHANTALBILITY, RESULTS OF USE, ACCURACY, FITNESS FOR A PARTICULAR USE AND NON INFRINGEMENT. THE WEBSITE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. YOU ASSUME ALL RISK FOR YOUR USE OF THE WEBSITE. GIFLYTICS DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THERE IS NO GUARANTEE MADE BY GIFLYTICS OF ANY RESULTS, INCREASED TRAFFIC, OR USER ENGAGEMENT.
‍Limitation of Liability YOU AGREE THAT IN NO EVENT WILL GIFLYTICS AND/OR ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND,RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF,OR RELIANCE ON, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO OUR SERVERS, SERVER UNAVAILABILITY, AND ANY PERSONAL INFORMATION STORED THEREIN,AND WHETHER OR NOT GIFLYTICS WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IFTHE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NORFOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, OVERSIGHTS, ERRORS, OR OTHER INACCURACIES IN THE SERVICE.IN NO EVENT SHALL GIFLYTICS’S SUMMATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTALITY OF MONIES PAID FROM YOU TO US AS CONSIDERATION FOR USE OF THE SERVICE DURING THE THREE (3)MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1)AFTER THE OCCURRENCE.IN NO EVENT SHALL THE RELEASED PARTIES OR ANY OF THEIR CONTRIBUTORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF ORIN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF, OR RELIANCE ON, THE SITE ORTHE INFORMATION CONTAINED THEREIN, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES OR ITS CONTRIBUTORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR LOST PROFITS OR SIMILAR DAMAGES. IN NO EVENT WILL GIFLYTICS’S LIABILITY TO YOU EXCEED $100. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
‍Indemnity You agree to indemnity, defend and hold harmless Giflytics and its directors, employees, agents, affiliates, and clients from and against all demands of liabilities, damage, losses, claims and fees (including attorney’s fees) arising from; your use of the service, data, or code; third party claims based on your access and use of the site; any breach of this agreement by you.
‍Termination You may terminate your Giflytics account by discontinuing use of its services. Giflytics may terminate or suspend your use of the service at any time without notice or liability. Upon termination of this Agreement, your rights to the service will cease immediately.
‍Governing Law; Venue These Terms of Use shall be governed by and construed in accordance with the internal laws of theState of Connecticut, without regard to conflicts of law rules. Any dispute or claim arising out of or in connection with these Terms of Use shall be adjudicated exclusively in the state or federal courts located in New HavenCounty, Connecticut.
‍Entire Agreement;Amendment; Binding Effect These Terms of Use constitutes the entire agreement between you and Giflytics relating to the subject matter hereof and supersede all prior oral and written understandings.Any modifications to these Terms of Use must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued use of the Site after such terms have been updated by Giflytics. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.
‍WaiverNo waiver of any provision of these Terms of Use or any breach hereunder shall be deemed a waiver of any other provision or subsequent breach, nor shall any such waiver constitute a continuing waiver.
‍Severability If any part of theseTerms of Use, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of these Terms of Use or the applications of such provision to other persons or circumstances shall not be affected thereby.
‍Assignment You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of your right to use the Website, without liability to Giflytics. Giflytics may assign its rights under these Terms of Use at any time without notice.
‍Third Party Beneficiaries The provisions of these Terms of Use are for the benefit of Giflytics, and its subsidiaries, affiliates and its contributors and service providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
‍Registration and Account Security 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 may not transfer your account to anyone without first getting prior written consent from Giflytics. If you select a user name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user's actual name).
‍Rights of Third Parties You will not post content or take any action on that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on the Site if we believe that it violates these Terms of Use. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. You will not use our copyrights or trademarks or any confusingly similar marks, without our prior written consent. If you collect information from users, you will: obtain their consent, make it clear you (and not Giflytics) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
‍Payment For Services If you elect to access any paid component of the Website, you agree to pay all fees and charges associated with your subscription on a timely basis. Giflytics may change its pricing from time to time, and will communicate any price changes to you. Price changes will take effect at the start of the next billing or subscription period following the date of the price change. By continuing to use the Site after the price change takes effect, you accept the new price.
‍TechnologyLimitations and Modifications Giflytics will make reasonable efforts to keep the Website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Giflytics reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand and agree that Giflytics has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Website.
‍Electronic Signature These Terms of Use will not be "signed" in the sense of a traditional paper document. By using the Website, you acknowledge that you have carefully read these Terms ofUse, understand its contents, and understand that this agreement includes an assumption of the risk of Giflytics’s negligence and a release of its liability. You acknowledge that Giflytics is materially relying on this waiver and is allowing you to engage in performance of the exercises, stretches, and other activities contained herein. You further acknowledge that you are in fact the signatory of this document, and that you are at least 18 years of age or a parent or legal guardian legally capable of assuming the full responsibility of the minor’s use.
Last Updated: July 22, 2019
