GIFTR - T&C'S

 

Last updated: 1 August 2015

Welcome to Giftr -- the camera app with infinite filters.
(“Giftr”, “we”, “us” or “our”). 
These Terms of Service (“Terms”) apply to your access and use of the mobile application (the “App”), website (“Site”), and other online products and services (collectively, the “Service”) of Giftr. 

 

ACCEPTING THESE TERMS

By downloading the app or using the service, you agree the terms listed below. Please read all of the terms before you use the Service. If you don’t agree to all of the terms and conditions listed below, please don’t use the Service.

 

MODIFICATIONS

We reserve the right to change our Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. 

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

 

PRIVACY POLICY

For information about how we collect, use and share information about users of the Service, please see our Privacy Policy.

 

DESCRIPTION OF THE SERVICE

Through the App, you can apply infinite filters over the camera view using touch interaction before you take a picture. Images can be saved to your camera roll, and if you chose to do so, shared via Facebook, Twitter, Instagram, email or message.

 

CREATING ACCOUNTS

When you download Giftr you must maintain the security of your device and accept all risk that someone may access your account without your permission if they gain access to your device. 

 

RIGHT TO USE THE SERVICE

On the condition that you fully comply with these Terms, Giftr grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Giftr that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. 

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service, or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

 

PROHIBITED USE OF THE SERVICE

You may not post or otherwise make available on or through the Service any of the following:

  • Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);

  • Content that is libelous, defamatory, abusive, offensive or hateful;

  • Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;

  • Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offence;

  • Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;

  • Content that, in Ripple’s judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose Ripple or users of the Service to harm or liability of any type; and/or

  • Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Service or other users: 

  • Use the Service for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or

  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.

Your use of the Service is at your own risk. As a provider of Services, Giftr is not liable for the content of any images created or shared via Giftr. 

 

REPORTING AND REMOVAL

Giftr may at its sole discretion limit access to the Service or terminate the accounts of any users who infringe our terms and conditions.

 

GiFTR’s RIGHTS

Between you and Giftr, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, software, designs, images, typefaces, source and object code, format, queries, algorithms and other content that is constituent to the app is owned by Giftr or is used with permission. Giftr reserves all rights not expressly set forth in these Terms. 

 

LOCATION INFORMATION

The Service uses anonymised location information as per the Privacy Policy in order to deliver additional benefits to users of the app. Location data is used as set forth in the Privacy Policy. We use it to improve the Service, and optimise the presentation of filters. 

You acknowledge and agree that by accepting these Terms or using the Service you affirmatively consent to Giftr’s anonymised use of your location information when you take a picture. 

You may revoke your consent with respect to Giftr’s use of your location information at any time by deleting the App from your mobile device. 

Giftr takes reasonable measures to protect your location information from theft, misuse and unauthorized access.

 

Disclaimers

EXCEPT AS REQUIRED OTHERWISE OF GIFTR BY APPLICABLE LAW, THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE.

 

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GIFTR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY IMAGE CREATED WITH IT), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY). 

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF GIFTR AND ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.

 

INDEMNIFICATION

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you. 

 

THIRD PARTY SOFTWARE

The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

 

CHANGES TO THE SERVICE

Giftr reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Giftr will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

 

CONSENT TO ELECTRIC COMMUNICATIONS

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service. 

 

SUSPENSION AND TERMINATION

Giftr may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Giftr’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

 

GENERAL

Enforcement of these Terms is solely at Giftr’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. 

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.

 

CONTACT US

If you have any questions about these Terms, please email us at hello@giftr.cool

 

NOTICE FOR CALIFORNIA USERS

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address below with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. 

 

NOTICE REGARDING APPLE

Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone or iPad: 

You and Giftr acknowledge that the terms are solely between you and Giftr, and not with Apple, Inc. (“Apple”), and that Giftr, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.

 

SCOPE OF LICENSE

The license granted to you is limited to a non-transferable license to use the App on any iPhone or iPad that you own or control as permitted by the Apple Usage Rules.

 

MAINTENANCE AND SUPPORT

Giftr is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

WARRANTY

You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. 

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You understand and agree that, in accordance with these Terms, Giftr has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.

 

INTELLECTUAL PROPERTY RIGHTS

You and Giftr acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Giftr, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

 

LEGAL COMPLIANCE

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 

 

DEVELOPER NAME AND ADDRESS

Any end-user questions, complaints or claims with respect to the App should be directed to: 
Yooshr Ltd. 
hello@giftr.cool

 

THIRD PARTY BENEFICIARY

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third-party beneficiary thereof. However, the right of Giftr to terminate, rescind or make any change to these Terms is not subject to the consent of any other person.