In addition to any other rights, Giant Step may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on the Site.
1. LICENSE TO USE THE SITE
You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access any part of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use any “robot”, “spider”, “deep-link” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content (as defined below). In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use the Site and to use all legal actions available to us against you. Giant Step reserves the right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or
appropriate to operate the Site; or (iii) to protect the rights or property of Giant Step or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.
You must be 13 years or older to access this Site. You must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use the Site. We may refuse our services to anyone or limit your use of any or all of the Site, at any time, in our sole discretion.
4. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the Site contains information, visual interfaces, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, artwork and other material, and all copyrightable or otherwise legally protectible elements of the Site including the design, structure, selection, “look and feel” and arrangement of such content, (collectively “Content“), that is either owned, controlled or licensed by Giant Step and that all Content on the Site is protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted by Giant Step or its affiliates as a collective work under the U.S. copyright laws, and Giant Step or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Giant Step reserves the right to electronically monitor its Comments, use filtering software, and remove any material it finds inappropriate or objectionable. In addition, Giant Step may investigate any complaints about users who are improperly using its services to harass or annoy others or gather personal information and terminate the right of such user to use in any fashion or participate in any way on the Site. If you encounter any problems with other users, please notify us at http://www.giantstep.net.
You should not disclose personal information (e.g., name, phone number, address, e-mail address) in the Comments section. You should be aware that when they voluntarily disclose personal information in the comments, that information can be collected and used by others and may result in unsolicited messages from others.
You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a distributor or otherwise permit or publish through the Site any information and materials which may inhibit the utilization and use of the Site, which may be unlawful, abusive, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability, to use or violate any intellectual property rights of other parties, violate personal or privacy rights of third parties or provide us with any false or misleading information about you.
7. ACCOUNT, PASSWORD AND SECURITY
Certain services offered on or through the Site may require you to open an account. You are responsible for maintaining the confidentiality of any account information (including any password) you are given to access the Site, and are fully responsible for all activities that occur under your account. You agree to notify Giant Step immediately of any unauthorized use of your account. Giant Step is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
sub-agents. In the event of that any such claim or action is asserted against us, or our officers, directors, owners, affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you without our prior written consent to be exercised on a reasonable basis.
9. LINKS TO OTHER WEB SITES
The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Giant Step is not responsible for the availability of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and
other topics before you use them. You agree that Giant Step is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Giant Step is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Giant Step is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
10. PURCHASES, SERVICES AND OTHER TERMS AND CONDITIONS
Giant Step does not guarantee that any products or services offered on the Site will still be available. Giant Step may in its sole and absolute discretion and without further notice to you, make changes to products or services or the applicable prices for such services or products. If a product or service offered by Giant Step itself is not as described, your sole remedy is to return it in unused condition. The receipt of an email order confirmation is simply notification that we have received your requested order, and does not constitute an offer to sell. Giant Step reserves the right to limit the quantity of any item sold, or prohibit a sale altogether.
Products sold by Giant Step maybe returned in saleable condition within 30 days of delivery for a full refund. Giant Step does not accept returns of: (i) any item that is returned more than 30 days after delivery; (ii) any CD, DVD, Videotapes, cassette tape, or vinyl record that has been opened (taken out of its plastic wrap); (iii) any item that is not in its original condition, is damaged, or is missing parts(including without limitation items that have been laundered or altered in any way); or (iv) tickets to shows or events. You are solely responsible for return postage unless due to an error on the part of Giant Step. Giant will not be responsible for lost packages.
11. CONTROL OF SITE
Giant Step may at any time, and from time to time, in its sole discretion, modify or discontinue any or all of the Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites. We may also impose limits on certain features and services and restrict access to all or any portion of the Site without notice or liability to you.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, BASIS. GIANT STEP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIANT STEP MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. GIANT STEP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. GIANT STEP RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
13. LIMITATION OF LIABILITY
WE PROVIDE THE SITE AND OUR SERVICES ON AN “AS IS” and “AS AVAILABLE” BASIS. To the full extent permissible under the applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or for messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.
14. PUBLIC AND PRIVATE COMMUNICATIONS
You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to Giant Step, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Giant Step will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.
15. USERS OUTSIDE THE UNITED STATES OF AMERICA
Access to the Site from outside of the United States of America is subject to local laws which are the responsibility of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use in the location of such user and website use. Giant Step will not be responsible and makes no representations that objects for sale on any of the Sites and their associated intellectual property rights are available for use in locations outside of the United States of America.
16. APPLICABLE LAW
17. VOID OR UNENFORCEABLE PROVISION
Headings used in this user agreement are for convenience only and are not to be relied upon.
20. BINDING EFFECTIVE AGREEMENT