Terms of Service

Last Updated: October 26, 2023

Welcome to gigafunx.com. These Terms of Service ("Terms") govern your access to and use of the gigafunx.com website and any related services, content, and applications (collectively, the "Service") provided by gigafunx.com ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and gigafunx.com.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Use of Service

The Service is provided for your personal, non-commercial use, unless otherwise explicitly specified. You agree to use the Service only for lawful purposes and in accordance with these Terms.

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating other users.
• Uploading or transmitting viruses, malware, or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
• Attempting to gain unauthorized access to the Service, other user accounts, or computer systems/networks connected to the Service.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Collecting or harvesting any personally identifiable information from the Service.
• Engaging in any activity that places an unreasonable load on the Service's infrastructure.

3.2 User Content

You retain ownership of any intellectual property rights that you hold in content you create or submit through the Service ("User Content"). By posting User Content, you grant gigafunx.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content and grant us the license above.

4. Intellectual Property

4.1 Our Property

The Service and its original content, features, and functionality (excluding User Content) are and will remain the exclusive property of gigafunx.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of gigafunx.com.

4.2 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent at [email protected]. Your notice must include the information required by the Digital Millennium Copyright Act (DMCA).

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGAFUNX.COM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED