Giddy makes information, products, and services available on this website or App (the “Site”), subject to the following terms and conditions ("Terms").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.
“You” or “Your” means you personally (i.e., the individual who reads and agrees to be bound by these terms), and, if you access this Site on behalf of a corporation or other legal entity (including, but not limited to, a partnership, LLC or LLP), collectively, you and such corporation or other legal entity on whose behalf you access the Site.
No charge is made for Your use of the Site (unless otherwise stated), although You should be aware that charges for Internet use may apply at rates determined by Your provider. Giddy reserves the right to change the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion.
Giddy reserves the right to change these Terms, and provide You with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Site after such changes will indicate Your acceptance of such changes.
Giddy further reserves the right to seek all remedies available by law and in equity for any violation by You of these Terms. Any rights not expressly granted herein are reserved by Giddy.
- Eligibility If You are using this Site on behalf of a corporation or other legal entity, You represent that You are authorized to accept these terms and conditions on behalf of such corporation or other legal entity. Further, You acknowledge that You are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to Giddy.
- Terms Applicable to Corporations The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: You agree to require each of Your employees to be bound by the terms and conditions of these Terms and You agree to remain responsible and liable for all acts and omissions of Your employees in connection with the Site, including any breaches of these Terms. All references to Your access and/or use of the Site herein include access and/or use of the Site by Your employees. You agree that each of Your employees is responsible for maintaining the confidentiality of any password that such employee may use to access the Site, and You agree not to let any employee transfer a password or user name, or lend or otherwise transfer use of or access to the Site, to other employees or any third party. If an employee leaves Your employ, or if You wish to disable an employee’s access to the Site, You are responsible for any such changes. You are fully responsible for all interaction with the Site that occurs in connection with passwords or user names associated with Your employees (including any former employees).
- U.S.-Based Site The Site is controlled and operated by Giddy from the United States, and, except as expressly set forth herein, is not intended to subject Giddy to the laws or jurisdiction of any state, country or territory other than that of the United States. Giddy does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, You do so on Your own initiative and at Your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Giddy may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction Giddy chooses, at any time and in Giddy’s sole discretion.
- Registration; User Names and Passwords You may be required to register with Giddy in order to access certain areas of the Site. With respect to any such registration, Giddy may refuse to grant You, and You may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies You; that violates the intellectual property or other rights of any person; that is offensive; or that Giddy rejects for any other reason in Giddy sole discretion.
- Purchases If You wish to purchase our products and services, for Your convenience, we may provide links on the Site to a web store where You can make such purchases. Please be aware that the web store may be hosted on the Site or on a sub-domain of the Site, but is operated by a third party, and is governed by such third party’s Site terms and conditions, not by these Terms and for which Giddy is in no way responsible or liable. We encourage You to read the terms and conditions of the web store prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, Your interaction with such web store. Please see Section 12 below for more information on links provided on the Site.
- Proprietary Rights The information and materials made available through the Site, including the Software, are and shall remain the property of Giddy its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to Your compliance with these Terms, solely for so long as You are permitted by Giddy to access and use the Site, and provided that You keep intact all copyright and other proprietary notices, You may (a) view any content on the Site to which we provide You access hereunder on any single computer solely for personal, informational, non-commercial purposes, and (b) download and print one (1) copy of materials that Giddy specifically makes available for downloading (such as white papers) (the "Documents") from this Site solely for personal, informational, non-commercial purposes, provided that the Documents may not be modified or altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, the Site or any information from this Site, in whole or in part, without the express prior written authorization of Giddy. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Giddy. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Giddy’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without Giddy’s express prior written consent.
- Disclaimer of Warranties GIDDY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. GIDDY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PLEASE NOTE THAT THE LICENSE AGREEMENT APPLICABLE TO ANY SOFTWARE AVAILABLE THROUGH THE SITE MAY CONTAIN EXPRESS (BUT NOT IMPLIED) WARRANTIES APPLICABLE TO SOFTWARE, WHICH WILL GOVERN THAT PARTICULAR SOFTWARE. EXCEPT AS EXPRESSLY WARRANTED BY GIDDY IN SUCH LICENSE AGREEMENT, THE SOFTWARE IS GOVERNED BY THE DISCLAIMER OF WARRANTIES SET FORTH IN THE PREVIOUS PARAGRAPH OF THIS SECTION 8
- Limitation of Liability IN NO EVENT SHALL GIDDY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, ANY SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE, WHETHER OR NOT YOU WERE ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, GIDDY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SOFTWARE AND/OR OTHER CONTENT POSTED ON THE SITE BY GIDDY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF GIDDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO GIDDY TO ACCESS AND USE THE SITE.
THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIDDY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, SERVICE(S), SOFTWARE, PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTHING IN THIS SECTION 10 SHALL LIMIT GIDDY'S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM GIDDY'S PROVEN NEGLIGENCE, OR FRAUDULENT MISREPRESENTATION, OR CONCEALMENT, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAWS.
- Claims of Copyright Infringement The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on the Site infringe Your copyright, You (or Your agent) may send Giddy a notice requesting that Giddy remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send Giddy a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/for details. Notices and counter-notices should be sent to:
227 E Lee St
Louisville, KY 40208
Giddy suggests that You consult Your legal advisor before filing a notice or counter-notice.
- Links THE LINKS IN THIS SITE WILL LET YOU LEAVE GIDDY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF GIDDY AND A GIDDY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GIDDY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. GIDDY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY GIDDY OF ANY LINKED SITES. YOU AGREE THAT YOUR USE OF THIRD PARTY SiteS AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SiteS AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
- Rules of Conduct While using the Site You will comply with all applicable laws, rules and regulations. In addition, Giddy expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on Your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of Your access to the Site pursuant to Section 17 below. You agree that You will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
- Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
- Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Use the Site for any fraudulent or unlawful purpose.
- Harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including any representative of Giddy or its affiliates; falsely state or otherwise misrepresent Your affiliation with any person or entity; or express or imply that Giddy endorses any statement You make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without Giddy's express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any content, Software and other materials available through the Site).
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site (including any content, Software and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
- Remove any copyright, trademark or other proprietary rights notice from the Site or content, Software and other materials originating from the Site.
- Frame or mirror any part of the Site without Giddy's express prior written consent.
- Create a database by systematically downloading and storing all or any Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Giddy’s express prior, written consent.
- User Generated Content
- OwnershipThe content on the Site, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Giddy, interactive features (“Content”) and the trademarks, service marks and logos domain names and other distinctive brand features contained therein (“Marks”), are owned by or licensed to Giddy, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Giddy or as expressly provided herein. Giddy reserves all rights not expressly granted in and to the Site, Marks and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Giddy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Giddy does not waive any rights to use similar or related ideas previously known to Giddy, or developed by its employees, or obtained from sources other than you.
- User SubmissionsThe interactive nature of postings on the Site makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Giddy users, and any text, data, files, avatars, designs, competition submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by Giddy, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Site are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Giddy’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Notwithstanding the foregoing, you may contribute any User Content for which you have appropriate authorization.
- Giddy may exercise the rights to your User Content that are granted to Giddy under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- All your User Content and other information that you provide to us is truthful and accurate.
User submissions outside of challenges are licensed under Creative Commons. Original ideas, design submissions and/or projects are licensed under the CC By-NC-SA license. Any user submissions or work in collaboration with the Original ideas, including comments and uploads on those ideas, designs submissions and/or projects are licensed under CC BY-SA with any and all commercial rights assigned to and retained by the user who submitted the original idea, design submission and/or project or the project owner.
- Software in any form provided as a User Submission shall be subject to the MIT License (MIT). The submitter shall adhere to all requirements of such MIT License.
User submissions within a competition may be covered by a different license structure and will be handled according to the competition rules.
If you choose to post User Submissions on Giddy Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Site reflects your respect for the legal rights of users connected with Giddy. You understand that Giddy does not guarantee any confidentiality with respect to any User Submission.
Giddy expressly disclaims any and all liability in connection with User Submissions. Giddy reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Giddy also reserves the right to terminate a user’s access to the Site at any time in its sole discretion and without prior notice.
- TrademarksThe trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Giddy, its business, community and/or products, including without limitation all logos and all product and appliance designs and features (collectively, the “Trademarks”) displayed on the Site constitute the valuable intellectual property of Giddy and its licensors and, in certain instances, the registered and unregistered trademarks of Giddy and its licensors. You agree that you will not refer to or attribute any information to Giddy or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Giddy or its licensors.
- Notices of Infringement and Takedown by GiddyGiddy has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (currently located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf) (“DMCA”). The address of Giddy’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
- DMCA Procedure
- Procedure for Reporting Copyright Infringements
If you are a copyright owner or an agent thereof and believe that any User Submissions or any other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Giddy’s policy:
- to remove or disable access to the infringing content;
- to notify the content providers, member or user that it has removed or disabled access to the content; and
- that repeat offenders will have the infringing content removed from the system and that Giddy will terminate such content provider’s access to the Giddy Site.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider believes that the content that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Content provider’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, for any judicial district in which Giddy is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Designated Agent, Giddy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Microfactory’s discretion.
Please contact Giddy’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Infringement Giddy, Inc. 333 E. Brandeis Ave., Louisville, KY.
- A physical or electronic signature of the content provider;
- Procedure for Reporting Copyright Infringements
- Abusive Users and Objectionable content
You may not upload, post, email or otherwise transmit in connection with the Site any User Submission which:
- is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized (except to iterate when given express permission);
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail;
You may not, except with Giddy’s express advance authorization or in a specially designated area, use the Site to:
- upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address;
- iterate on other users design submissions;
- form a team towards a contest;
- engage in commercial activities within the Site;
- harm minors in any way;
- solicit personal information from anyone 18 and under;
- provide false or deceptive information;
- use Giddy content to engage in commercial activities;
- delete, add or otherwise change other people’s entries or other Content when
- you have not been granted the privileges to do so; or
- allow usage by others in such a way as to violate Giddy’s Terms of Service.
- violate the Giddy Ethical Behavior Guidelines
- Flagging Content and Blocking Users
Though rare, Giddy recognizes that in certain occasions the use of work or the comments or the images on the Giddy Site can be a tool for someone to behave in an unethical, offensive, or injurious manner. In many cases, even this behavior is misunderstood or mislabeled and can be cleared up with a frank discussion. Unfortunately, there are times where the behavior is deliberate and inexcusable and requires swift action. This policy is meant to deal with identifying and remedying those situations.
As would be expected, anyone is welcome to flag inappropriate content on the Site at any time or block abusive users at any time. Flagging content or blocking will immediately generate a report for the Giddy review team. Once a report has been made, designs or other material in question are reviewed by the Giddy team within 24 hours. Giddy will then reach out to the offending member(s) if he/she/they can be reached and ask them to respond to the allegations. If it is judged in Giddy’s sole discretion, in accordance with the site usage policies, that some, one, or all of the offending members are responsible for the offense, then Giddy will retain the option to notify all involved parties, to remove the offending work, and to bar the offending member(s) from the Giddy Site for any given term.
If a User who has been removed from the Giddy Site for offending behavior chooses to participate within the community under a different name, and without permission, then he/she could be banned from the Site in perpetuity.
This is covered in other sections of the Terms of Service, but to be clear: Do not steal, cheat, plagiarize, write injurious comments, post injurious images, or claim work as your own if it does not belong to you.
"Forum" means a discussion group, chat area, bulletin board, news group, wiki/help area,
feedback, letter to Giddy, its webmaster or employees, e-mail function or other interactive functionality offered as part of this Site.
Information on Giddy’s Forums may be provided by Giddy and by third party users of the Site. Please note that Site users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Giddy, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, Giddy and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will Giddy and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives, be liable for any loss or damage caused by Your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Giddy and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives.
In addition, Giddy and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
- License By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Giddy (each, a “Submission”), You acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Giddy a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sub-licensable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. In addition, You warrant that all so-called moral rights in the content have been waived. For each Submission, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this section, and that such Submission, and Your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
- Monitoring You acknowledge and agree that Giddy reserves the right (but has no obligation) to do one or more of the following in Giddy’s discretion, without notice or attribution to You: (i) monitor Submissions as well as access to the Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Giddy, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. Giddy disclaims any responsibility for content submitted by users on or through any area of the Site.
- Termination You agree that Giddy may, in its sole discretion, at any time for any reason or no reason, terminate Your access to this Site and any account(s) You may have in connection with this Site, including if Giddy believes that You have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, Your right to use the Site will immediately cease. You agree that any termination of Your access to or use of the Site may be effected without prior notice, and that Giddy may immediately deactivate or delete Your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Giddy, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to You or any third party for any termination of Your access to the Site or to any such information or files, and shall not be required to make such information or files available to You after any such termination. Sections 2, 3, 7-12, 16 and 19-24 shall survive any expiration or termination of these Terms.
- Governing Law; Forum
(a) You agree to the non-exclusive jurisdiction of an appropriate state court in Jefferson County, Kentucky, or an appropriate federal court located in the Western District of Kentucky for any action or proceeding arising out of or related to these Terms; and (b) except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of the Delaware in the United States without regard to applicable conflict of law provisions. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.
If (i) You do not have an existing contractual relationship with Giddy; (ii) You are not a U.S. citizen; (iii) You do not reside in the United States; (iv) You are not accessing this Site from the United States; (v) the dispute between You and us is unrelated to Your access to or use of the U.S. version of the Site and (vi) You are the citizen of a European Union country who is using the Site for purposes other than for Your trade, business or profession, You hereby agree that any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of Delaware, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by Giddy to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder.
- Indemnification You shall defend or settle at Your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against Giddy and/or each of its affiliates, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees (each, an "Indemnitee") to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials or services provided or made available by You, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by You of Your obligations under these Terms; (3) Your unlawful and/or unauthorized use of, or activities in connection with this Site, including the information, content, services, and/or products provided on the Site; and (4) any Submission provided by You in a Forum. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of these Terms.
- Notices Notices to Giddy under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
227 E Lee St
Louisville, KY 40208
- Miscellaneous These Terms contain the entire agreement between You and Giddy with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Giddy with respect to this Site. You hereby acknowledge that You shall have no power or authority to assume or create any obligation or responsibility on behalf of Giddy. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of Your rights or obligations under these Terms without Giddy’s express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Giddy will not be responsible for failures to fulfill any obligations due to causes beyond its control.
- Contact Giddy If You have any questions regarding the meaning or application of these Terms, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in Your e-mail correspondence with Giddy.
- Communications When You visit the Site or send e-mails to us, You are communicating with us electronically. For contractual purposes, You consent to receive communications electronically from us and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
- Information or Complaints All requests for information or complaints should be directed to firstname.lastname@example.org.
Your user name and password are for Your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password You may use to access the Site, and agree not to transfer Your password or user name, or lend or otherwise transfer Your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with Your password or user name. You agree to notify Giddy immediately of any unauthorized use of Your password or user name or any other breach of security related to Your account or the Site, and to ensure that You “log off”/exit from Your account with the Site (if applicable) at the end of each session. Giddy is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
It is Giddy’s policy to (a) block access to or remove any content from the Site that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users; and (b) remove and discontinue service to repeat offenders.