| ACCEPTANCE OF TERMS.
that Gigunda Group Inc. ("Gigunda Group") provides to you are subject to the
TOU at any time without notice to you.
The Site and all of its contents including, but not limited to,
all text and images ("Content") are owned and copyrighted by Gigunda Group or
others with all rights reserved unless otherwise noted. Any Content that is a
trademark, logo, or service mark is also a registered and unregistered
trademark of Gigunda Group or others. Your use of any Content, except as
owner is strictly prohibited. You are also advised that Gigunda Group will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution. Remember that
trademarks are adjectives, and cannot be made plural or
DESCRIPTION OF SERVICES.
Through its Web
properties, Gigunda Group provides you with access to a variety of resources
(collectively "Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are subject to the
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
otherwise specified, the Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB
Any software that is made available to download from the Services
("Software") is the copyrighted work of Gigunda Group and/or its suppliers. Use
of the Software is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License
The Software is made available for download solely for
use by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, GIGUNDA GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE,
GIGUNDA GROUP MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. GIGUNDA GROUP DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON
THIS WEB SITE.
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as K-12, universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include
the design or layout of the Gigunda Group Web site or any other Gigunda Group
owned, operated, licensed or controlled site. Elements of Gigunda Group Web
sites are protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No logo, graphic,
sound or image from any Gigunda Group web site may be copied or retransmitted
unless expressly permitted by Gigunda Group.
GIGUNDA GROUP AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART
OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GIGUNDA GROUP AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GIGUNDA GROUP
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
GIGUNDA GROUP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON
THIS WEB SITE.
IN NO EVENT SHALL GIGUNDA GROUP AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE
NO UNLAWFUL OR PROHIBITED USE.
As a condition of
your use of the Services, you will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden, or impair
any Gigunda Group server, or the network(s) connected to any Gigunda Group
server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any Gigunda Group server or
to any of the Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the
MATERIALS PROVIDED TO GIGUNDA GROUP OR POSTED AT ANY
GIGUNDA GROUP WEB SITE.
Gigunda Group does not claim ownership of the
materials you provide to Gigunda Group (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting") your
Submission you are granting Gigunda Group, its affiliated companies and
necessary sublicensees permission to use your Submission in connection with the
operation of their Internet businesses (including, without limitation, all
Gigunda Group Services), including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish your name in
connection with your Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be paid with respect to
the use of your Submission, as provided herein. Gigunda Group is under no
obligation to post or use any Submission you may provide and Gigunda Group may
remove any Submission at any time in its sole discretion.
By Posting a
Submission you warrant and represent that you own or otherwise control all of
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
necessary to grant the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if any, has provided
by way of example, and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you are granting, to the
general public, permission to use your Images in connection with the use, as
example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time you completely remove
such Images. No compensation will be paid with respect to the use of your
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA
WILL LET YOU LEAVE GIGUNDA GROUP'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF GIGUNDA GROUP AND GIGUNDA GROUP IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. GIGUNDA GROUP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. GIGUNDA GROUP IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY GIGUNDA GROUP OF THE
UNSOLICITED IDEA SUBMISSION POLICY.
GIGUNDA GROUP OR ANY
OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS
FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN GIGUNDA
GROUP'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO GIGUNDA GROUP. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO GIGUNDA
GROUP OR ANYONE AT GIGUNDA GROUP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT GIGUNDA
GROUP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
© Gigunda Group Inc., 2004. All rights reserved.
by the laws of the State of New Hampshire, USA, without regard to its choice of
law provisions. The courts of general jurisdiction located within New
Hampshire, USA, will have exclusive jurisdiction over any and all disputes
rights not expressly granted herein are reserved.