GYGAN may modify the Agreement which will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement. If you are dissatisfied with anything related to the GYGAN website, your sole remedy is to discontinue use of the Services. You use the Services of GYGAN at your own risk.
You acknowledge that the Services contains various materials and content, without limitation, the "Content", provided either by GYGAN, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by GYGAN and /or its contributors and may not be copied in whole or in part. All Content on the Services is copyrighted as a collective work of GYGAN pursuant to applicable copyright law. You may download, copy and make personal, non-commercial use of the Content permitted by the United States Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not retain or store any significant portion of any Content. You will comply with laws regarding transmission of data.
If you choose to upgrade your account, you agree to pay the monthly fee in relation to your use of the Service. The following payment methods are accepted at this time: Visa, MasterCard, and via various PayPal options. GYGAN may, without compensation or proration, cancel your membership in the event of nonpayment or dispute of payment or if you violate any terms or conditions of this Agreement.
GYGAN does not rollover the download bandwidth month over month. Bandwidth automatically resets on the same billing date every month. You may change or cancel your Membership by going to Account > Summary page on the website. You can cancel at any time and get to keep your remaining bandwidth until it expires on the billing date the following month. If you cancel and no bandwidth has been used you will be given an option to get an refund.
If your copyrighted or trademarked works are on the GYGAN website/application without your permission, please go to http://www.gygan.com/dmca/ and submit your claim describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed immediately after notice with sufficient information.
Gygan prohibits users from uploading and sharing any files involving child exploitation and/or child pornography. Gygan will cooperate fully with any criminal investigation into a user's violation of any act of law concerning child exploitation, including child pornography. Gygan will involve and cooperate with law enforcement if a criminal violation is suspected. This may result in disclosing all information available to Gygan including but not limited to information contained in user's profiles, folders, transmissions, communications, passwords, or any other information Gygan considers applicable. Any user involved in such file transfers through Gygan will also be permanently removed from our service. All necessary information will also be passed on to the National Center for Missing & Exploited Children.
You control your data through its generated link via your free or paid account and/or cookies which may be placed on your computer. GYGAN maintains multiple copies of active files. GYGAN bears no responsibility for maintaining your data indefinitely.
You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although GYGAN will not be liable for any losses you might suffer, you may be liable for the losses of GYGAN or others.
GYGAN does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. GYGAN may, in its sole discretion, correct any errors or omissions in any Content. GYGAN Content may contain links to external sites; however, GYGAN is not responsible for any availability of or the content on or through any external site.
You are solely responsible for your interactions with other users of the Services. Any views expressed on the website do not reflect the views of GYGAN.
GYGAN reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to firstname.lastname@example.org. Each complaint will be investigated and appropriate action will be taken. GYGAN may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
GYGAN may contain links to third party websites. By use of the Services, you expressly relieve GYGAN from any and all liability arising from your use of any third-party website.
NEITHER GYGAN NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER GYGAN NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER GYGAN NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. GYGAN IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS TERMS OF SERVICE.
You agree to indemnify, defend and hold GYGAN and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any GYGAN Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. GYGAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GYGAN's defense of such claim.
NEITHER GYGAN NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GYGAN'S AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GYGAN AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GYGAN AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
This Agreement shall be construed in accordance with the laws of the country Barbados, without reference to principles of choice of law. You and Gygan each irrevocably consent to the personal jurisdiction of the federal or state courts located in Barbados("Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.