GIGA Terms and Conditions of Use and Services
Last Revised: 2014-10-03
Products and Services supplied under the name "GIGA", "GIGABASE" or "Matter" are supplied by GIGABASE Inc., a company incorporated under the applicable laws of Canada and its provinces (all references herein to "We", "GIGA" or "GIGABASE" shall mean GIGABASE Inc.). These Terms and Conditions of Use and Services ("Terms and Conditions") constitute a contract between You, as a user, and GIGA when You use GIGA's site, Services, and Products ("Services").
Please read these Terms and Conditions carefully and contact us (email to:firstname.lastname@example.org) if you have any questions or feedback. By accessing or using the Services, You agree to be bound by these Terms and Conditions and related Privacy Policies .
The Services are only available for use by users who enter into a binding contract with GIGA, and only in compliance with these Terms and Conditions and all applicable laws.
When You create an account, You must provide accurate information to use the Services, in particular, your email address. Failure to do so may result in suspension or termination of your account.
We recommend that You use strong passwords to access your account. You are responsible for safeguarding the password that You use to access the Services and for any activities or actions that occur when your account is accessed with your password. GIGA will not be liable for any loss or damage arising from the misuse of your password.
If You create an account on behalf of a company, organization, or other legal entity, then (a) ”You”, the user, includes yourself and that legal entity; jointly, and (b) You represent and warrant that You are authorized to bind the legal entity so it agrees to these Terms and Conditions as well.
Some of the Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that We may automatically upgrade those Services, and these Terms and Conditions will apply to such upgrades.
We may, without prior notice, change the Services, cease supply of the Services or features of the Services to You or other users generally, or create usage limits for the Services.
Subject to these Terms and Conditions and related Privacy Policies , We grant You a limited, non-exclusive, non-transferrable, and revocable license to use the Services.
2. Your Content
- Uploading Content.
GIGA allows You to upload content to the Services, including images, documents, comments, and other materials. Anything that You upload or otherwise make available while using the Services is considered “Your Content”. You retain all rights in, and are solely liable for the accuracy of Your Content that You upload to the Services.
By uploading Your Content, You represent and warrant that You are the owner of such content, including any intellectual property rights in such content, or that You are authorized by the owner to use it, and that such content is accurate, not misleading, not illegal and does not contain subjective views that may be considered defamatory or disparaging of another person, product or service. If You are in doubt that any content You propose to upload complies with this Section, You shall not upload it.
You agree that GIGA shall have the right to edit, remove or block access to Your Content without notice for any reason, including content that GIGA believes, in its sole discretion, to breach these Terms and Conditions, related Privacy Policies or any applicable laws or regulations.
You further agree to indemnify and hold harmless GIGA against any claims arising from Your Content uploaded by You in breach of these Terms and Conditions and/or applicable laws or regulations.
- How GIGA and GIGA Users can use your content.
You may opt to grant GIGA and other users an irrevocable, non-exclusive, royalty-free, transferrable, sub-licensable, worldwide license to use, store, display, reproduce, copy, modify, create derivative works from, perform, and distribute Your Content solely for the purposes of operating, developing, providing and using the Services.
- Your Feedback.
We value your feedback. Your feedback helps us to optimize the Services for your use. If You provide comments, ideas or other feedback, You agree that GIGA is free to use them without any restriction or compensation to You.
- Termination and Deletion.
Where your account is terminated, deactivated, blocked or You delete in whole or in part Your Content from the Services, We may nevertheless retain Your Content for a commercially reasonable period of time for backup, archival or audit purposes. Furthermore, GIGA and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works from, perform, and distribute any of Your Content that other users have stored or shared through the Services.
The security of Your Content is a priority. While We work towards this goal, GIGA cannot guarantee that unauthorized third parties will not be able to breach the Services’ security measures. Please notify GIGA immediately if You become aware of any suspicious activity or any incident that compromises or constitutes unauthorized access to or use of your account.
4. Copyright Policy
GIGA respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to GIGA. If You believe that Your Content has been copied in a way that constitutes copyright infringement, please contact us at GIGABASE Ltd.: email@example.com
5. Third-Party Links
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GIGA. We do not endorse or assume any responsibility for any such websites, information, content, materials, products, or services. If You access any third party website, service, or content through the Services, You do so at your own risk and You agree that GIGA will have no liability arising from your use of or access to any third-party website, service, or content.
6. Disclaimers, Indemnity
The Services are provided from Japan, China and the United States, and We give no representations or warranties that they are appropriate for use in other locations.
If You use the Services, You agree to indemnify and hold harmless GIGA and its officers, directors, employees, partners and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) Your Content, or (c) your breach of any of these Terms and Conditions, including without limitation liability for Your Content.
To the maximum extent permitted by applicable law, GIGA and its officers, directors, employees, partners and agents disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. GIGA will have no responsibility or liability for the deletion of, or the failure to store or to transmit, Your Content hosted by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GIGA, its officers, employees or agents, or through our products, will create any warranty not expressly made herein.
To the maximum extent permitted by applicable law, GIGA and its officers, directors, employees, partners and agents will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; 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 GIGA has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Governing Law, Language and Legal Disputes
These Terms and Conditions and the use of the Services shall be governed by the applicable laws of Canada and its province of Quebec without regard to principles of the conflicts of laws.
These Terms and Conditions are in the English language and where they are translated into other languages, the translation shall be for reference only. If there is any inconsistency between the English version and translated versions, the English version shall prevail and no reference shall be made to any translated versions to interpret the English.
You and GIGA agree that any claim or dispute arising out of the use of the Services and the application of these Terms and Conditions shall be resolved in accordance with this section unless You and GIGA otherwise agree in writing. Any claim or dispute shall first be discussed between You and GIGA in good faith to achieve an amicable resolution.
If an amicable resolution cannot be reached within sixty (60) days of the date either You or GIGA first raised the claim or dispute in writing, either party may submit its claim or dispute to the exclusive jurisdiction of the courts of Quebec, Canada.
8. General Terms
GIGA reserves the right to determine the form and means of providing notifications to You, and You agree to receive legal notices electronically if We so choose. We may revise these Terms and Conditions from time to time and the most current version will be deemed the one published on GIGA’s commercial website at any relevant time. If a revision, in GIGA’s sole discretion, is material We will notify You. By continuing to access or use the Services after revisions become effective, You agree to be bound by the revised Terms and Conditions. If You do not agree to the published Terms and Conditions at any relevant time, please stop using the Services.
Last modified: 2014-10-03
This Privacy Policies describes the policies and procedures of GIGABASE Inc. (“GIGA”, “GIGABASE” “Matter”, “We” or “Us”) for the collection, use and disclosure of Your information on www.gigabase.org (the “Site”), www.matter.build (the “Application”), and The Services, applications, and other features or functionality available on or through the GIGA or Matter websites (collectively, “Your Content”).
The privacy of Your Content matters to GIGA so whether You are a new or seasoned GIGA user, please carefully read the following. If You have any questions contact us (firstname.lastname@example.org).
You can use The Services in many ways. You can search for information, communicate with other GIGA Users, create Your Content, or opt to share it. When You share Your Content with us, for example by creating Your account, We can continually improve our tools and services – to show You more relevant materials or projects, to help You connect with likeminded professionals or to make managing and sharing Your Content quicker and easier. As You use The Services, we want You to clearly understand how we may process Your Content and how You can manage and protect its privacy.
- What information we collect and why we collect it.
- How we use that information.
- The choices we offer, including how to access and update information.
Information we collect
We collect information to provide better services to all of our users – from letting You choose whether to communicate in English, Chinese or French, to more complex things like which materials You’ll find most useful or the brands which matter most to You.
We may collect information in two ways:
- User Content
To sign up for an account, We’ll ask for Your information that may be personal (sometimes defined as Personally Identifiable Information or PII), like Your name, email address, telephone number, job title, employer and location.
- Information we get when you use our services.
We may collect the following information when You use The Services:
- Information specific to Your device (such as Your hardware model, operating system and version, unique device identifiers, mobile network information, or platform information);
- Information about the features You use, the pages You visit, and the sizes and types of files You upload or download;
The Services Details on how You used The Services, such as Your search requests;
- Information such as Your name and telephone number used to handle software support calls;
- Internet Protocol (IP) address;
- Device event information including crashes, system activity, hardware settings, browser type, browser language, the date and time of Your request and referral URL;
- Cookies that may uniquely identify Your browser or Your account.
Information about Your actual location while use mobile devices You may choose not to share this information So please check Your mobile device settings.
How We may use information
We may use the information we collect from The Services to provide, maintain and improve them, to develop new ones, and to protect GIGA and other users. We may also use this information to offer content tailored uniquely for You.
When You contact GIGA, we may keep a record of Your communication to help troubleshoot and solve any issues You might be facing. We may use Your email address to notify You about The Services, such as letting You know about upcoming changes or improvements.
We may use information collected from cookies and other similar technologies to improve Your overall user experience and the total quality of The Services. For example, by indicating Your language preferences, we can deliver The Services in the language You prefer.
We will ask for Your consent before using information for a purpose other than those that are described in this Privacy Policies.
GIGA processes PII on its servers in various locations around the world. We may process Your personal information on a server located outside the country where You live or use The Services from.
Transparency and choice
You may set Your browser to block all cookies, including cookies associated with The Services, or to indicate when a cookie is being set by us. However, remember that many of The Services may not work properly if You disable these.
Information You share
The Services allow You to share Your Content with other users. Remember that when You share information publicly, it will be available to all users. The Services provide You with different options for sharing and removing Your Content. Please check Your account settings for these options.
Accessing and updating Your personal information
Whenever You use The Services, the goal is to provide You with access to Your Content. If that information is wrong, we strive to give You means to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating Your Content, we may ask You certain questions to verify Your identity before we can act on Your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort or would constitute a risk to the privacy of others.
Where we will provide You with information access and correction privileges, we will do so without charge, except where it would require a disproportionate effort. We strive to maintain The Services in a manner that protects Your Content and information from accidental or malicious destruction. Therefore, after You delete Your Content from The Services, We may not immediately delete residual copies from our active servers and may not remove Your Content from the backup systems.
Information We may share
We do not share PII unless any of the following circumstances apply:
- We may share personal information with companies, organizations or individuals when We have Your permission to do so.
If You are an employee of a GIGA customer, then Your company’s account administrators will have access to Your GIGA account information (including Your email and other data). Your company account administrator may be able to:
- view statistics regarding Your account, like statistics regarding applications You install.
- suspend or terminate Your access to Your company account.
- access or retain information stored as part of Your Content.
- receive Your account information in order to satisfy local law, regulation, legal process or enforceable governmental request.
- restrict Your ability to delete or edit Your Content or privacy settings.
We will share PII if We have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Comply with any applicable law, regulation, legal process or enforceable governmental request;
- Enforce the Terms and Conditions of Use and The Services, including investigation of potential violations;
- Detect, prevent, or otherwise address fraud, security or technical issues;
- Protect against harm to the rights, property or safety of GIGA, its users or the public, as required by law.
We may share aggregated, non-personally identifying information publicly. For example, we may publicly share information to demonstrate trends about the general use of The Services.
GIGA deploys and enforces technical measures designed to protect Your Content, including:
- Encryption of many modules of The Services;
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems;
- We grant access to Your Content only to GIGA employees, contractors and agents who have a justified “need to know” and only in order to process it and who are subject to strict confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
These Privacy Policies apply to all The Services.
We regularly review our compliance with our Privacy Policies. If we receive formal written complaints from You, we will contact You to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding PII that we cannot resolve otherwise.
These Privacy Policies may change from time to time. We will not materially reduce Your rights under these Privacy Policies without Your explicit consent. We will publish changes on this page and, if the changes are material, We will provide a more prominent notice (including, for certain services, email notification). We will also keep prior versions of these Privacy Policies in an archive, for Your review.