Terms & Conditions

  • Gaffer, LLC operate [_gaffer-app.com_as well as Gaffer Application for iOS and Android__], social networking Site that allow members and users to create personal profiles and download or upload media, such as text, files, images, photos, audio material, video material, audio-visual material, sounds, musical works, works of authorship, applications, or any other materials (“Content”). Use of the Site is conditioned on compliance with the following terms and conditions (“Terms”). Please review them carefully before using the Site. These Terms govern your use of the Site; by using the Site, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site.

  • License to Use

    Unless otherwise stated, we or our licensors own the intellectual property rights, including without limitation copyright, trademark, patent, and trade secret rights, in the Site, and the Content and the services provided by users on the site. Gaffer, LLC hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the content (excluding any software code) solely for your personal use and in connection with viewing the Site and material on the Site. Subject to this limited license, all of Gaffer, LLC’s other intellectual property rights are reserved. You may not: (a) republish material from the Site (including republication on another Site); (b) sell, rent or sub-license material from the Site; (c) show any material from the Site in public; (d) reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose; (e) edit or otherwise modify any material on the Site; or (f) redistribute material from the Site except for content specifically and expressly made available for redistribution. The Site may also contain the Content of other users and Gaffer, LLC licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any such Content appearing on or through the Site.

  • Acceptable Use

    You must not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent. You must not use our Site to transmit or send unsolicited commercial communications. You must not use our Site for any purposes related to marketing without our express written consent.

  • Registered Users

    Access to certain areas of our Site is restricted to registered users. You must be at least 13 years of age to become a registered user. By applying to become a registered user, you warrant that you are at least 13 years of age. You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete. You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches these Terms. Registered users will have access to such additional features on our Site as we may from time to time determine in our sole discretion. Such additional features may include: (a) the facility to complete a detailed personal profile on the Site, to publish that profile on the Site, and to restrict the publication of that profile to particular groups or individuals registered on the Site; (b) the facility to join groups on the Site, and to share information among group members; (c) the facility to send private messages via the Site to particular groups or individuals registered on the Site. We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account

  • User Generated Content

    You are solely responsible for the Content that you transmit, submit, display or publish (“post”) on, through or in connection with the Site, any material or information that you transmit to other members, and your interactions with other users or members of the Site. By posting any Content on, through or in connection with the Site, you hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, modify, delete from, add to, publicly perform, publicly display, publish, translate and distribute such Content in any existing or future media formats or channels, on, through or in connection with the Site, including without limitation, through applications, widgets, website or mobile, desktop or other services which are linked with your account (collectively, “Linked Services”). You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. After you remove your Content from the Site or terminate your account, we will cease distribution as soon as practicable. Notwithstanding the foregoing, you understand and agree that removed content may persist in backup copies for a reasonable period of time and that once Content is distributed to a Linked Service or incorporated into other aspects of the Site, we are under no obligation to delete or ask other users, members or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

  • Content Warranties

    You represent and warrant that you have the right to grant the license set forth in Section 4 and that Content posted by you on, through or in connection with the Site: (a) is owned or authored by you, (b) does not violate the privacy, publicity, contract, confidentiality, data protection or any other rights of any person or entity, (c) does not infringe any copyright, moral right, database, patent, trademark, design, passing off, or other intellectual property right of any third party, (d) is not illegal or unlawful, (e) is not libellous or maliciously false; (f) is not obscene or indecent; (g) does not consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (h) does not constitute an incitement to commit a crime; (i) is not in contempt of any court, or in breach of any court order; (j) does not breach any racial or religious hatred or discrimination legislation; (k) does not depict violence in an explicit, graphic or gratuitous manner; (l) does not contain pornographic or sexually explicit material, nudity, offensive subject matter or a link to an adult website; (m) is not untrue, false, inaccurate or misleading; (n) does not constitute spam, junk mail, chain letters, or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (o) does not solicit or is not designed to solicit personal information from anyone under 18; (p) is not offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or (r) does not involve commercial activities and/or sales without prior written consent from Gaffer, LLC such as contests, sweepstakes, barter, advertising, or pyramid schemes. You must not use our Site to link to any website or web page consisting of or containing material that would, were it posted on our Site, breach the provisions of these Terms. We reserve the right to edit or remove any material submitted to our Site, stored on our servers, or hosted or published upon our Site. Notwithstanding our rights under these Terms in relation to Content, we do not undertake to monitor the submission of such Content to, or the publication of such Content on, our Site.

  • Intellectual Property Claims

    We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content or material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is our policy to terminate, in appropriate circumstances, the membership of repeat infringers.

    If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Gaffer LLC’s Agent for notification of claimed infringement can be reached as follows: info@gaffer-app.com.

  • Limited Warranties

    You acknowledge that some of the information published on the Site is submitted by users, and that we do not review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on the Site; nor do we commit to ensuring that the Site remain available or that the material on the Site is kept up-to-date. The Site are provided “AS-IS” and to the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Site and the use of the Site, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, the use of reasonable care and skill, or warranties of title or non-infringement. You assume all risks associated with use of the Site including any risk associated with use of your computer, and we do not warrant that our website service will be uninterrupted or error free or that any Content, information, software, or other materials available on or accessible through the Site are free of viruses, worms, trojan horses, or other harmful components. We assume no liability or responsibility for any errors or omissions, mistakes, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance contained in or resulting from the materials and other information contained on the Site or the operation of the Site.

  • Limitation of Liability

    IN NO EVENT SHALL Gaffer, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR LINKED SERVICES, EVEN IF Gaffer, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Gaffer LLC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Gaffer LLC FOR THE SITE DURING THE TERM OF MEMBERSHIP. You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our Site. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

  • Indemnity

    You hereby indemnify and hold us harmless against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute, incurred or suffered by us arising out of your use of the Site or any claim that you have breached any provision of these Terms. You further agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Site and/or Linked Services.

  • Termination

    We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content or posting, including, without limitation, private messages, emails and instant messages (collectively, “messages”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, we reserve the right, in our sole discretion, to reassign or rename your profile URL. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated these Terms or pose a threat to Gaffer, LLC, its employees, business partners, users and/or the public. Even after your membership is terminated, these Terms, except the license granted to you in Section 1, will remain in effect. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may, in our sole discretion: (a) send you one or more formal warnings; (b) temporarily suspend your access to the Site; (c) permanently prohibit you from accessing the Site; (d) block computers using your IP address from accessing the Site; (e) contact your internet services provider and request that they block your access to the Site; (f) bring court proceedings against you for breach of contract or otherwise; (g) suspend and/or delete your account with the Site; and/or (h) delete and/or edit any or all of your Content. Where we suspend or prohibit or block your access to our Site or a part of our Site, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

  • Third Party Users and Website

    Our Site may include hyperlinks to other website owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party website, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. You are solely responsible for your interactions with other Gaffer application users, members, third party developers or any other parties with whom you interact through the Site and/or Linked Services. We reserve the right, but have no obligation, to become involved in any way with these disputes.

  • Privacy

    Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

  • Trademarks

    Gaffer-app.com and our logo are our trademarks, as well as Gaffer applications on iOS and Android. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on our Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights, and we cannot grant any license to exercise such rights.

  • Competitions

    From time to time we may run competitions, free prize draws and/or other promotions on our Site. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

  • Fees

    You acknowledge that we reserve the right to charge for any portion of the Site and to change its fees (if any) from time to time in our discretion. If we terminate your membership because you have breached these Terms, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

  • Variation

    We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Site from the date of the publication of the revised Terms on our Site. Please check this page regularly to ensure you are familiar with the current version.

  • Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

  • Severability

    If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  • Exclusion of Third Party Rights

    These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

  • Entire Agreement

    These Terms, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Site, and supersede all previous agreements in respect of your use of the Site.

  • Law and jurisdiction

    These Terms shall be interpreted and construed in accordance with and shall be governed by the laws of the United States of America and the internal laws of the Commonwealth of Virginia without regard to its conflict of laws principles. The courts of the Commonwealth of Virginia and/or the United States District Court for the Eastern District of Virginia shall have exclusive jurisdiction over any action or claim which may be brought under this Agreement.