Terms of Service

Thank you for choosing to be part of our community at Gippea. We understand the easy option is to skip this part and get on with using what is on offer, but it is important to build up our relationship with a clear understanding of the expectations from you the user and from Gippea as a service provider.

The Terms of Service ("Terms") defined below, are what we expect from you and what you can expect from us when you use our apps, services, features, software, or website ("Services"). When you register, install, access, or use our Services you also agree to our Terms. When we state "Gippea," "we," "us," and "our," we mean all Gippea companies and their affiliates.

If you are under the age of consent to form a binding agreement in your country, you should only use our Services if your parent or legal guardian has given their permission to use a Gippea Account. Please have your parent or legal guardian read these terms with you.

If you are a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you are responsible for your child's activity when using the Services.

We encourage you to share your experiences through our Services! However, because your and other users' protection is important, we reserve the right at all times (but we do not have an obligation) to remove or refuse to distribute any user content in our Services, to suspend and/or terminate user accounts without liability to us, including where such User Content, in our sole discretion, violates these Terms, or any additional terms, or that we otherwise find objectionable. We also reserve the right to respond to user support requests or reports provided through our Services, or protect the rights, property or safety of Gippea, its users and the public.

We take every opportunity to introduce new topics, develop new features and analytics to improve our Services. For example, we are looking at implementing initiatives to maintain the continued improvement of connectivity between users. We also analyse how you make use of our Services and use that information to improve our Services. In addition, we work with our service providers, partners and affiliated companies to help us connect you with their services. We use the information we receive from them to help deliver and improve our Services.

We provide you with the opportunity to share the location of your experiences on a map using our structured 'Topic' and 'Experience' feature with other Gippea users, including searching for a location and filtering 'Experiences'. Please note, when sharing an 'Experience', you may on occasion find the location of your shared 'Experience' is somewhat not accurate, this is a worldwide technology challenge, however we are working to improve this.

Our Services allow you to share your Experiences with other users, therefore we want to maintain a balanced environment for everyone, which means you must follow these rules. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.

You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (1) violate, misappropriate, or infringe the rights of Gippea, of our users, or of others, including but not limited to privacy, publicity, intellectual property, or other proprietary rights; (2) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (3) involve publishing falsehoods, misrepresentations, or misleading statements; (4) impersonate someone; (5) involve sending illegal or impermissible communications; (6) involve any non-personal use of our Services unless otherwise authorised by us.

You will not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (1) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (2) send, store, or transmit viruses or other harmful computer code through or onto our Services; (3) gain or attempt to gain unauthorised access to our Services or systems; (4) interfere with or disrupt the safety, security, or performance of our Services; (5) create accounts for our Services through unauthorised or automated means; (6) collect the information of or about our users in any impermissible or unauthorised manner; (7) sell, resell, rent, or charge for our Services in an unauthorised manner; (8) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorised through tools we have expressly provided via our Services; or (9) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorised manner.

You agree to notify us immediately of any unauthorised use of your user account or any breach of security with respect to your User Account. We will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. We shall be entitled to monitor your User Account, at our discretion.

We will consider anything you provide to us, including feedback, ideas or suggestions and/or contribute to our Services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.

You must register for our Services using accurate information, provide your email address and password or social login. You agree to receive emails (from us or our third-party providers) with user account verification links to register for our Services.

You must provide certain devices, software, and data connections to use our Services, which we do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to us sending you notifications via Gippea from time to time, as necessary to provide our Services to you.

You are responsible for all carrier data, internet fees, and other fees and taxes associated with your use of our Services.

We care about your privacy. To better protect your privacy, our Privacy Policy describes our information practices, which includes the types of information we collect and receive from you, how this information is used and shared and your rights in relation to the way your information is collected and used in our Services. For further information, please see our Privacy Policy.

Our Services may link you to third-party websites, apps, content, other products and services. These third-party websites, apps, content, other products and services are not under the control of Gippea, and you acknowledge that (whether or not such sites are affiliated in any way with Gippea) Gippea is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, apps, content, other products and services, and that your use of such websites, apps, content, other products and services is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any websites, apps, content, other products and services by Gippea or any association with its operators.

Gippea does not guarantee your satisfaction with any products or services that you purchase from any third-party site that links to or from Gippea since the third-party sites are owned and operated by independent retailers. Gippea does not endorse any of the merchandise, nor has Gippea taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Gippea does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.

Your Rights

Gippea does not claim ownership of the information that you submit for your Gippea account or through our Services. You must have the necessary rights to such information that you submit for your Gippea account or through our Services and the right to grant the rights and licenses in our Terms.

Your License to Gippea

By posting or uploading any user content to Gippea, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property rights for the content that you share publicly on or in connection with our Services. This License will end once your account is deleted unless users who have seen the content saved it. Removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Gippea's Rights

We own or are in the process of registering all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission and except in accordance with our Guidelines.

Gippea's License To You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Although we make great efforts to make our Services error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIPPEA, OR AFFILIATED COMPANIES OF GIPPEA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GIPPEA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIPPEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY APPS AND WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GIPPEA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND GIPPEA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WHEREVER YOU ACCESS THIS SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.

GIPPEA DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF GIPPEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF GIPPEA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree to indemnify and hold harmless Gippea from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Gippea's servers (and servers under Gippea's control) and/or from any and all use of your User Account.

If you have a dispute with one or more users, you release Gippea from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Availability

We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time, where legally required, we will aim to give you notice within an appropriate notice period. Events beyond our control may affect our Services, such as events in nature and other force majeure events (for example, an act of God, our third-party service providers ceasing to trade, the internet ceasing to function for a short or extended period of time, introduction of new regulation or regulation amendments).

Termination

We hope you will always continue to interact with our Services, but you may terminate your relationship with Gippea at any time. As the service is free, you may simply cease to use our Services, or you can request that Gippea delete your account by contacting us on support@gippea.com. Where permissible under the applicable law, Gippea has the right to terminate your rights under our Terms without notice.

We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Gippea: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Dispute Resolution," "Availability and Termination of our Services," "Other," and "Binding Arbitration of All Disputes; No Class Relief." If you believe your account's termination or suspension was in error, please contact us at support@gippea.com.

This Service is controlled and operated by Gippea Limited, incorporated under the laws of England and Wales, with a registered office at 78 York Street, London, W1H 1DP, United Kingdom. Please forward any comments or complaints about the Service to support@gippea.com. Please forward any questions regarding privacy to privacy@gippea.com and other legal matters to support@gippea.com.

If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Gippea relating to the matters contained here and the Service.

The Materials and all other content in this Service are presented for the purpose of providing information regarding the Gippea Services available in the United Kingdom, Europe, United States and elsewhere.

In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

This section sets out the exclusive way you can resolve any dispute you may have with Gippea. If you ever wish to seek any relief from Gippea, you agree to do it initially by informal negotiations and if relief is unsuccessful, then only through arbitration, and you waive the ability to pursue class action.

Informal Negotiations

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms, then you and Gippea agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at support@gippea.com. For a period of ninety (90) days from the date of receipt of notice from the other party, Gippea and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Gippea to resolve the dispute on terms which either you or Gippea, in each of our sole discretion, are uncomfortable with.

Arbitration U.S. Resident Users:

If the parties are unable to resolve a dispute through informal negotiations and to the fullest extent permissible by law, with an exception to disputes pertaining to Gippea's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Gippea arising under these Terms (if not settled by informal negotiations) shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and we agree that we intend that this Section satisfies the "writing" requirement of the FAA. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Gippea shall pay the costs and fees of JAMS and the arbitrator. Gippea agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

Arbitration Non-U.S. Resident Users:

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, THE COMPETENT COURT WOULD RESOLVE THE DISPUTE.

The arbitration shall be commenced under the Arbitration Rules of The London Court of International Arbitration ("LCIA"), see www.lcia.org for more information.

Your arbitration fees and your share of arbitrator compensation shall be governed by the LCIA rules and, where appropriate, limited by the LCIA rules.

The arbitration claimants' attendance will be in line with the LCIA policy on attending hearings. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

Time Limit To Bring Claim (U.S. and Non-U.S. Resident Users)

We and you agree that for any dispute we and you must bring claims (including commencing an arbitration proceeding) within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not bring a claim (including commencing an arbitration) within one year after the dispute first arose, then the claim will be dismissed because it was started too late.