About Us    Help    Partner with Gigya    Terms of Service    Privacy Policy    Contact Us    
 

Gigya Terms of Service (TOS)

For Wildfire terms of service please click here

Please read the following terms carefully. The terms and conditions are for use of the Gigya service which includes without limitation an electronic mail (email) service, and other services which may be offered from time to time by Gigya for use with the Gigya account name (each feature individually and collectively referred to as the "Service"). This Service is provided to any person of at least 18 years of age or minors at the age of at least 13 years who have parental permission to open and maintain an account. Please note that minors under 13 years old may not open an account. BY CHECKING THE “TERMS & PRIVACY” BOX ON THE ACCOUNT OPEN PAGE AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Gigya reserves the right to change the TOS at any time. You understand that by using the Services after such change becomes effective, you have agreed to it.

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
    First you have to complete the registration process by providing with current, complete and accurate information. This will follow by choosing a password and an account name. You are entirely responsible for any and all activities that occur under your account. Also, you are entirely responsible for maintaining the confidentiality of your password and account. It is your obligation to immediately notify Gigya of any unauthorized use of your account or any other security breach.
  2. MEMBER CONDUCT GENERAL
    You agree to only use the Service in order to send and receive private messages. Any unauthorized commercial use of the Service, including the resale of its services, is specifically prohibited by these terms. The Service is provided to persons and for personal use only. As a condition for using the Service, you guarantee to Gigya that you will not use the Service for any purpose that is unlawful or forbidden by these terms, conditions, and notices.
  3. MEMBER CONDUCT BY LAW
    You agree to abide by all valid local, state, national and international laws and regulations. You are solely responsible for all your own communications and for all acts or omissions that occur under your account, including the matter of your transmissions via the Service. As an example, and not as a limitation, you hereby agree not to:
    • Promote or offer to sell or buy any merchandise or services for any non-personal purpose.
    • Insult, abuse, bother, stalk, terrorize or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Issue, distribute or broadcast any inappropriate, disrespectful, insulting, infringing, obscene, offensive or illegal data or information.
    • Gather or otherwise collect information about others, including email addresses, without their consent.
    • Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
    • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
    • Transmit, upload or otherwise make available any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
    • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
    • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
    • Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
    • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
    • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
    Gigya has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Gigya reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
  4. MATERIALS PROVIDED TO GIGYA OR POSTED AT GIGYA WEB SITE.
    Gigya does not claim ownership of the materials you provide to Gigya (including feedback and suggestions) or post, upload, input or submit to any Service for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). By posting, uploading, inputting, providing or submitting ("Posting") a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service and the Services, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
  5. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
    Due to outbound message restrictions some email messages may not be processed . You agree that Gigya is not accountable or liable for the deletion or failure to accumulate messages or other information.
  6. DISCLAIMERS/LIMITATION OF LIABILITY
    Information is occasionally added or changed in the service. Gigya and/or its respective suppliers may make enhancements and/or changes in the Service at any time. The information and services included in or available through the Service may include inaccuracies or typographical errors. Gigya does not warrant or represent that the use or the outcomes of the use of the Service or the materials made available as part of the Service will be accurate, timely, perfect, or otherwise dependable. Gigya does not states or warrant that the Service will be continuous or error-free, that the Service or the server that makes it available, are free of viruses or other damaging components, or that flaws will be fix. You specifically agree that Gigya shall not be accountable for unauthorized access to or modification of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You particularly agree that Gigya is not liable for any content sent using and/or included in the Service by any third party. You specifically agree that Gigya is not responsible for any intimidating, defamatory, offensive, obscene, or illegal content or conduct of any other party or any breach of another's rights, including intellectual property rights. GIGYA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, ACCESSIBILITY, TIMELINESS, AND CORRECTNESS OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GIGYA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GIGYA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GIGYA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
  7. LINKS TO THIRD PARTY SITES
    SOME OF THE LINKS YOU WILL FIND WITHIN THE SERVICE LET YOU LEAVE THE SERVICE ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF GIGYA AND GIGYA IS NOT ACCOUNTABLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GIGYA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF BROADCAST RECEIVED FROM ANY LINKED SITE. GIGYA IS PROVIDING THESE LINKS TO YOU ONLY AS A EASE OF USE, AND THE INSERTION OF ANY LINK DOES NOT IMPLY APPROVAL BY GIGYA OF THE SITE OR ANY RELATIONSHIP WITH THEIR OPERATORS.
  8. TERMINATION
    Gigya may terminate your access to any part or all of the Service and any related service(s) at any time, with or without notice, effective instantaneously, with or without cause, for any rationale whatsoever. Gigya may also close or suspend your account for inactivity, which is defined as failing to sign-in to the Service for a 30-day period of time, as determined by Gigya. Your right to use the Service instantly ceases upon termination of the Service,. If you wish to terminate your account, your sould discontinue the use of the Service. Gigya is not required to preserve any material in your account or to forward any unread or unsent messages to you or any third party.
  9. INDEMNIFICATION
    You agree to indemnify and hold Gigya, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
  10. NO SPAM; DAMAGES
    Gigya will immediately terminate any account which it believes, in its sole discretion, is sending out or is otherwise connected with any spam or other unsolicited bulk email. Because damages are often difficult to quantify, in addition, if actual damages cannot be reasonably estimated then you agree to pay Gigya liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Gigya's actual damages, to the extent such actual damages can be reasonably calculated.
  11. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
    Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are exclusively between you and the Advertiser or other third party. Gigya shall not be responsible or liable for any part of any such dealings or promotions.
  12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
    Gigya reserves the right to change the TOS or policies regarding the use of the Service at any time and to inform you by posting an updated version of the TOS on this Web site. You are responsible for frequently reviewing the TOS. Continued use of the Service after any such changes shall constitute your approval to such modifications.
  13. PROPRIETARY RIGHTS TO CONTENT
    You acknowledge that content, including but not limited to software, music, wording, photographs, sound, video, graphics or other material contained in either sponsor advertisements or electronically circulated, commercially produced information presented to you by the Service, by Gigya, or Gigya's Advertisers or other content supplier, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your individual, non-commercial use only, provided that you keep all copyright and other proprietary notices undamaged. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
  14. GENERAL
    This agreement is governed by the laws of the State of New York. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is revealed to be unfounded or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gigya as a result of this agreement or use of the Service. Gigya's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gigya's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or collected by Gigya with respect to such use. Unless otherwise specified herein, this agreement constitutes the complete agreement between the user and Gigya with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and offers, whether electronic, verbal or printed, between the user and Gigya with respect to the Service. You and Gigya agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently disqualified. The section titles in the TOS are exclusively used for the convenience of the parties and have no legal or contractual significance.
  15. LANGUAGE
    It is the express will of the parties that this agreement and all related documents have been drawn up in English.