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Terms of use

Application and acceptance of terms

These Terms of Use are the terms of a legal agreement between you and Gapfy Unipessoal Lda. ("Gapfy") and control your use of and access to online information and Gapfy websites, including any Gapfy Community website, as defined later in these Terms of Use. When accessing, browsing and/or using this website (or any website or online property owned or controlled by Gapfy, including websites that may use a non-Gapfy brand), or any online property and associated links (collectively , the "Site"), you represent that you have read, understood and agreed to be bound by these Terms of Use and all applicable laws and regulations, including EU export and re-export control laws and regulations. If you do not agree with these Terms of Use, please do not use the Site.

The Site is controlled and administered by Gapfy or its subsidiaries or affiliates from their offices in Portugal. Gapfy does not warrant that material on the Site is appropriate or available for use in other locations, and access to Sites in territories where their content is illegal is prohibited. You are responsible for compliance with any local laws that may affect your actions in gaining access to the Site.

Areas of the Site may have different terms of use posted. If there is any conflict between these Terms of Use and the terms of use published for a specific area of ​​the Site, the latter will take precedence over your use of that area of ​​the Site.

Terms of purchase and sale

These Terms of Use govern your access to and use of the Site. Other terms and conditions may apply to your purchase and/or use of Gapfy products or services and to certain provisions or pages of the Site as noted herein. For any software you download or use through the Site, if additional terms and conditions do not accompany the software you download or use, the terms and conditions set out in the applicable agreement located under specific links will apply where necessary. In the event of a conflict between these Terms of Use and the terms and conditions provided in the agreement applicable to any product or service offered through the Site, the terms of that other agreement shall prevail. You acknowledge and agree that your rights and responsibilities relating to any purchase of products from the Site will be governed by the Gapfy terms and conditions or additional terms as described in this paragraph, as appropriate.

License and usage restrictions

Unless otherwise indicated on the Site, all rights, interest and interests (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Gapfy or the other party that has licensed your material to Gapfy. Except as explicitly stated above, nothing on the Site shall be construed as granting any license or right relating to copyright, trademark or other intellectual property rights. Subject to these Terms of Use, Gapfy grants you a limited and non-exclusive right to access and make personal use of the Site and the materials and information contained therein. Except as stated herein, no material or information on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any format or by any means, including, but not limited to, electronic, mechanical, photocopying and recording, or otherwise, without the prior written permission of Gapfy or the copyright holder. You are prohibited from using the Site or any material or information contained on the Site for any purpose that is illegal or prohibited by these Terms of Use, as well as using the Site to solicit any illegal activity or that may infringe the rights of third parties. You may also not copy any material contained on the Site to any other server without Gapfy's permission. Any unauthorized use of the material contained on the Site may violate copyright, trademark, privacy and publicity laws, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on this Site solely for your personal, non-commercial use, provided you do not modify the materials and retain all copyright and other proprietary notices contained therein . This authorization will automatically revoke if you breach any of these terms or conditions. Upon revocation, you must immediately destroy any printed or downloaded materials.

Property rights and license to use

All materials contained on the Site, including, without limitation, names, logos, trademarks, graphic resources, photographs, illustrations and software and other elements that make up the Site, including any video material produced or provided on the Site by Gapfy (the " Gapfy Videos"), (collectively referred to as "Content") are protected by copyright, trademark rights or other intellectual property rights owned or controlled by us or other parties who have provided the material to us. You may not delete, falsify or otherwise modify the Content. Any unauthorized attempt to modify the Content, nullify or circumvent our security features, or use the Sites or any part of the Content for any purpose other than that intended is expressly prohibited.

You may display, play, redistribute and otherwise exploit the videos on the Site under a revocable, non-exclusive, copyright-free worldwide license granted by Gapfy ("User License"), provided you observe the following restrictions :

 

  • You may in no way alter or edit the Gapfy Videos, or even combine them with other materials, without Gapfy's prior written permission. To request permission, please contact: hi@gapfy.io.

  • You must include any copyright notices, disclaimers, labels, and other disclosures and identifiers required by Gapfy.

  • You may not use Gapfy Videos on any website or in any other media, or in parallel with any activity, of a sexually explicit, violent, derogatory, profane, defamatory nature; or that promotes the use of alcohol, illicit drugs, tobacco, weapons, dangerous or political activities; that promotes any non-Gapfy brand or product; that infringes the rights of any third party; or that violates any law.

  • You may not offer for sale, assign or impose any terms on the Gapfy Videos that change, restrict or are inconsistent with the terms of the User License or these Terms of Use.< /li>

 

Gapfy also reserves the right to terminate any User License at any time and no longer make Gapfy Videos available for licensing. Upon termination of a User License by Gapfy, you agree to immediately terminate your use of the Gapfy Videos and, if requested by Gapfy, to notify Gapfy of any uses you make of the Gapfy Videos.

Claims of Copyright Infringement. If you believe that your work has been copied on the Site in any way without your permission, please provide the following information to our agent to receive notice of claimed copyright infringement at hi@gapfy.io. Your notice should contain the following:

 

  • Your electronic or physical signature;

  • A description of the work you claim has been infringed;

  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;

  • Your address, telephone number and email address;

  • A statement by you that you have a good faith belief that the use is not authorized by the copyright holder, the copyright holder's agent, or the law; and

  • A statement by you, 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 of copyright.

 

Rules of Conduct

You understand and agree that:

  • Your use of the Site, including any content you submit, must comply with all applicable laws (including but not limited to laws controlling competition, trading, misleading advertising and export controls) , as well as these Terms of Use.

  • You will not assume the identity of any other person or submit content on behalf of any other person or entity.

  • You will not submit content in exchange for payment or compensation received from any third party.

  • You will not gather information about other users of the Site without their consent.

  • You will treat other users of the Site with respect.

 

You will not submit any content that:

  • Infringes the intellectual property rights or other rights of any person or entity;

  • Intentionally interfere with the Site's operation;

  • Violate anyone's privacy or publicity rights, or violate any confidentiality obligation you have to a person, or provide non-public information about Gapfy or any other company or person without authorization (including names and contact information for Gapfy employees and Site users);

  • Cause harassment or is defamatory, abusive, pornographic, obscene or otherwise offensive (in our sole discretion);

  • Contains or installs viruses, worms, bugs, Trojans or other code, files or programs created by or capable of interrupting, damaging or limiting the functionality of any software or hardware; or

  • Contains false or misleading language, unsubstantiated or comparative claims regarding our products or third-party products, third-party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits. Links pointing to commercial websites will not be considered an unauthorized offer of sale, unless the link or content on the website is apparently intended to be a solicitation or part of an "affiliate" program, as determined by Gapfy in its sole discretion .

 

Restricted Rights

In addition to the restrictions on use set forth above, the materials on the Site are provided with "RESTRICTED RIGHTS". Use, duplication or disclosure by any federal, state or local government or authority is subject to additional restrictions set forth in applicable laws and regulations. Use of the materials by such governments or authorities constitutes acknowledgment of Gapfy's proprietary rights contained in the material.

Copyright information

The materials and information contained on the Site, including but not limited to text, graphics, photographs, art, icons, images, logos, audio, video, downloads, data and compilations, belong to Gapfy or the original creator and are protected by law, including but not limited to European Union and international copyright laws and regulations.

Disclaimer

The Site and all information and materials contained on the Site or made available through the Site are provided "as is" and "as available". The only warranty applicable to any software made available on the Site, if any, is that set forth in the additional terms and conditions accompanying the software. Gapfy makes no other warranties or representations of any kind and disclaims all other warranties and representations, express or implied, including, without limitation, warranties of merchantability, fitness for a particular use or purpose, accuracy, not breach or operation. Gapfy does not warrant that the Site and the materials or information contained therein are free from error or defect. You agree to assume full responsibility for your use of the Site.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, Gapfy SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BETWEEN USERS OR LOSS OF LOSS , OR THE INABILITY TO USE THE SITE MATERIAL EVEN IF SHE OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF SUCH POSSIBILITY. IF THE USE OF THE MATERIALS ON THE SITE RESULTS IN THE NEED FOR MAINTENANCE, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU WILL BEAR ALL THE RESULTING COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold harmless Gapfy and its parent companies, affiliates, subsidiaries, agents, employees and licensors from and against any claim and costs, including reasonable attorneys' fees, brought by third parties due or otherwise related to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any property or privacy right.

General disclaimer

You hereby release and release Gapfy, its affiliated entities, employees, directors, officers, licensors, assigns and each of their respective designees ("Gapfy Entities") with respect to any claims, damages, costs , losses and expenses, including justified attorneys' fees, due to or arising from the content you submit, post, transmit or make available through the Site.

Privacy

Gapfy's Privacy Policy shall apply to your use of the Site. The terms of the Gapfy Privacy Policy are part of those terms; review Gapfy's Privacy Policy and related information about your privacy and Gapfy's use of your information by clicking the Privacy Policy link on this Site. You acknowledge and agree that you are responsible at all times for preserving the confidentiality and protection of your account and password information, if such information is applicable to your use of the Site. You are also responsible for properly restricting the use and access to your computer, smartphone or other device used to access the Site, and for all activities that occur under your account for failure to protect this information.

Compliance with Export Laws/Controls

You may not download, export or re-export any part of the software or the underlying information and technologies available on the Site in violation of the laws and administrative regulations of the European Union or any other applicable jurisdiction, or to anyone on the List of Specially Designated Citizens from the EU Treasury Department or from the EU Commerce Department's List of Denied Orders. By using our services, downloading, installing or using our software, you agree to the above terms, representing and warranting that you are not located in any of these countries and are not and are not under the control of a native or resident of those countries.

Our broadcasts

Any material, information or idea that you transmit or post on the Site will be treated as non-confidential and non-proprietary and may be disseminated or used by Gapfy or its affiliates for any purpose, including, among other things, developing, manufacturing and marketing products. Gapfy may monitor, record or otherwise capture and maintain a record of the website session for quality control or for purposes related to your visit and as informed to you at the time of your visit. Notwithstanding the foregoing, all personal data provided or collected by Gapfy online will be managed in accordance with Gapfy's Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, slanderous, defamatory, obscene, inappropriate, inflammatory, pornographic or indecent material, or any other material that could result in civil or criminal liability under the law.

Hyperlink Disclaimer

For your convenience, the Site may provide links to other sites operated by other entities (collectively, the "Linked Sites"). If you use any Linked Site, you will be leaving the Site. If you decide to access any Linked Site, you assume responsibility for the risks. Linked sites, regardless of how they are linked (eg hotlinks, hypertext links, IMG links), are not maintained, controlled or administered by Gapfy. The content, accuracy, expressed opinions and other links provided by the Linked Sites are not investigated, verified, monitored, or endorsed by Gapfy. Gapfy does not endorse, make any representations, or warrant any information, products and/or services presented or offered on any Linked Site. The Links do not imply that Gapfy or the Site sponsors, endorses, is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed or accessible by the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Gapfy or its affiliates or subsidiaries. Gapfy is not responsible for and will not be liable for any theory based on any Linked Site, information or content found on any Linked Site, or any linked site to/from any Linked Site.

General provisions

These Terms of Use will be binding and will be effective for the benefit of the contracting parties and their respective successors and assigns. If any provision of these Terms of Use is held invalid or unenforceable, that provision will be void, and the remaining provisions will be enforced. Failure to enforce any provision of these Terms of Use shall not constitute a disclaimer of this or any other provision. These Terms of Use set out the entire content of the understanding and agreement between you and us regarding your use of the Site.

Applicable Law

You agree that any claim relating to the Site and the materials contained therein, or your use of or access to the Site, will be governed by the law of Portugal, disregarding the principles of conflicts of jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the courts located in the District of Porto.

Promotion of human rights

All human beings must be treated with dignity and respect. Gapfy has created programs designed to ensure that all employees and others who work on Gapfy's behalf do so willingly and are remunerated in accordance with applicable laws. Gapfy employees must never engage in situations of human rights abuse in the form of slavery, corporal punishment or child labor. Gapfy also sets social responsibility expectations for our supply chain and includes social performance criteria in procurement decisions. We choose suppliers and business partners that:

  • demonstrate a commitment to the health and safety of their employees and comply with laws governing wages, hours and working conditions;

  • does not use forced or forced labor or raw materials or finished goods produced by such labor; and

  • implement programs to ensure that materials come from sources that respect human rights.

 

Revisions to the Terms of Use

Gapfy may at any time revise these Terms of Use and update this publication. By using the Site, you agree to such revisions and, therefore, you should periodically visit this page to consult the updated Terms of Use to which you are subject.

Using Community Sites

A "Community Site" is a Site that consists of a discussion group, chat area, bulletin board, newsgroup, messages to Gapfy, webmasters or employees, or the email function provided on the Site. Community Sites are not commercial sites, although they may be used to link you to a commercial Site. Except to the extent provided herein, Community Sites are subject to these Terms of Use in all respects. In the event of a conflict between the Terms of Use set forth above and the terms of this section, the terms of this section shall control.

  • Record. You agree that all information submitted upon registration on this Community Site is accurate and that it is your responsibility to keep it up to date. If we have reasonable grounds to suspect that your registration data is illegitimate, inaccurate or incomplete, we have the right to suspend or terminate your Community Site account. It is your responsibility to maintain the confidentiality of your account information; you are also responsible for all use that is made of the Community Site when accessed through that account. You acknowledge and agree that we may send you important information and notices regarding your account and the Community Site via email, text message or other means, based on the information you provide to us.

  • Inspection. In general, Gapfy does not pre-screen content posted by users of the Community Site. However, we reserve the right, without obligation, to review and/or approve all submitted content, and to block, edit or remove any content that we determine to violate these Terms of Use or otherwise in our sole discretion. To report violations of these Terms of Use, please write to the community administrator at hi@gapfy.io. While the Community Site may be moderated or monitored by Gapfy and its agents, this is not a substitute for contacting Gapfy support. To contact Gapfy support, visit: support.gapfy.io.

    We reserve the right, at our sole discretion, to terminate or restrict your use of the Site, without notice, with or without cause, without any liability to you or any third party. We also reserve the right to suspend any part of the Site at any time.

  • License and release. You grant Gapfy and its designees a permanent, irrevocable, non-exclusive, fully paid and royalty-free license to use any ideas, expression of ideas or other information, content or material that you submit to the Community Site (collectively referred to as "Material"), without restrictions of any kind and no payment or other compensation of any kind, or permission or notice, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Material and all rights therein on behalf of Gapfy or their designees, anywhere in the world, permanently, in any and all media known now or in the future. The license will also allow Gapfy and its designees to use portions of the Material you submit, re-record or modify any audio tracks or visual images you provide, rewrite the Submitted Material and/or incorporate other materials, whether created by Gapfy and its designated or licensed by third parties to the Material you submit. All such works will be considered Gapfy's proprietary Materials and will not be subject to your approval or payment by Gapfy of any compensation to you. We will have the right, but not the obligation, to use your name, photograph, image, voice, performance, biography and other information about you in connection with the Materials you submit.

You also agree that we are free to use any Materials or comments, information or ideas contained in any content or communication you submit to us or the Community Site, without notice, compensation or acknowledgment of receipt, for any purpose, including, among others, advertising and marketing, modification of the Site and development of products and services.

You agree that the Material you submit fully complies with these Terms of Use, including that the Material in your possession is original and accurate and does not violate the rights of third parties or relevant laws or regulations. If it is determined that you have violated any of these terms, you may be prevented from accessing the Community Site and we may seek any appropriate remedies. You acknowledge and agree that the relationship between you and Gapfy is not a confidential or fiduciary relationship or any other type of special relationship.

You acknowledge and agree that Gapfy and its designees may create or obtain, at their own expense, a large volume of Materials similar or identical to those you submit. By this instrument, you waive any and all claims that you may have made, are making now and/or may make in the future that the Material has been accepted, reviewed and/or used by Gapfy and its designees may be similar to your Material.

This page was last updated on January 10, 2022.

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