By purchasing or downloading this application, you agree to the terms of the agreement below.
GitBit Terms of Use and End User License Agreement
These Terms of Use (“Terms”) govern your access to and use of the services, including our websites, applications, SMS, APIs, email notifications, and buttons, (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. GitBit is provided by Kanekt’d, LLC, however, we will refer to our company and Service as “GitBit” or “GitBit Entities” to keep things simple. Please read these terms carefully, and email us at card@kanektd.com if you have any questions. By accessing or using the GitBit Services, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).
Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post or display will be able to be viewed by other Users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
If you are accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that GitBit provides are always evolving in form and the nature of the Services that GitBit provides may change from time to time without prior notice to you. In addition, GitBit may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by GitBit on the Services are subject to change. In consideration for GitBit granting you access to and use of the Services, you agree that GitBit and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Eligibility
By accessing or using the Services, you represent and warrant that: (i) you are at least eighteen (18) years old; (ii) all registration information you submit is truthful and accurate; (iii) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (iv) you have not been previously suspended or removed from the Services; (v) you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms; and (vi) you are not a competitor of GitBit and are not using the Services for reasons that are in competition with GitBit or other than for its intended purposes.
Privacy
We care about the privacy and security of our Users. You understand that by using the Service you consent to collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in any country. While we work to protect the security of your Content and account, GitBit cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Content
GitBit may reject, refuse to pose or delete any Content for any reason or no reason, including Content that in the sole judgment of GitBit violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. GitBit assumes no responsibility for monitoring the GitBit Services for inappropriate Content or conduct. Notwithstanding the foregoing, GitBit may, in its sole discretion, monitor the GitBit Services, but GitBit nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting such Content. You are solely responsible for the Content that you post on or through any of the GitBit Services, and any material or information that you transmit to other Users and for your interactions with other Users.
Prohibited Content
The following Content including images are prohibited that are illegal or prohibited to post on or through the GitBit Services. GitBit reserves the right to investigate and take appropriate legal action against anyone who, in GitBit’s sole discretion, violates this provision, including without limitation, removing the offending Content from the GitBit Services and terminating membership of any User who violates these Terms. Prohibited Content includes, but is not limited to, Content that, in GitBit’s sole discretion, contains, promotes, references or has links to:
Nudity of pornography
Profanity and/or sexually suggestive or explicit photos and/or content
Underwear photos and/or content
Violence of any kind
Weapons
Drug use or illegal activity
Copyrighted images, trademarked images and any images that you do not own
Photos or images of models, celebrities, sports teams, or miscellaneous photos downloaded from the Internet
Offensive and/or promotes racism, bigotry, hatred or physical harm
Content aimed against any group or individual
Harasses or advocates harassment of another person
Content that exploits people in a sexual or violent manner
Publicly posts information that poses or creates a privacy or security risk to any person
Hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of GitBit
Piracy (of software, videos, audio/music, books, video games, etc.) or constitutes or promotes illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or lins to pirated music files
Hacking/cracking/phreaking
Illegal activities or advice;
Violations of the rights of others, such as intellectual property, contract, publicity, copyright, trademark or privacy rights
Copyright Policy
GitBit 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 law and are properly provided to us. If you believe that your Content has been copied in any way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, GitBit will also terminate a User’s account if the User is determined to be an infringer.
Mobile and Other Devices
We make available the Mobile Software to access the Service via a mobile device. To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. GitBit does not warrant that the Mobile Software will be compatible with your mobile device. You acknowledge that GitBit may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
Indemnity: You agree to indemnify and hold harmless GitBit or its Advertisers and its and their officers, directors, employees 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), arising out of or in any way related to (i) your access to or use of the Services or GitBit Content, (ii) your User Content, or (iii) your breach of any of these Terms.
Disclaimers
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GitBit SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
GitBit TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR SENDS OVER THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS' ONLINE DISTRIBUTION AND PUBLICATION OF YOUR AND THEIR USER CONTENT. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, POTENTIALLY PORNOGRAPHIC, OR OTHERWISE UNSUITED TO YOUR PURPOSE.
Language of these Terms
The language of these Terms is English. Where English is not your language, you understand the English agreement fully, even if the agreement is in English. Where GitBit has provided a translation of the English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with GitBit. If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version will take precedence.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GitBit ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF 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; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GitBit ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION AGAINST GitBit ARISING OUT OF OR RELATED TO THE GitBit SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
YOU HEREBY RELEASE US, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ANY CLAIM, DEMANDS, LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM USE OF THIRD PARTY MATERIALS OR INTERACTIONS WITH OR CONDUCT OF THE APPLICABLE THIRD PARTIES. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GitBit ENTITY WITH RESPECT TO THESE TERMS OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN GitBit AND YOU. GitBit WOULD NOT BE ABLE TO PROVIDE THE SERVICES (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS.
General Terms
GitBit reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. GitBit may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. GitBit is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms, together with any amendments and any additional agreements you may enter into with GitBit in connection with the Service, shall constitute the entire agreement between you and GitBit concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and GitBit consent to personal jurisdiction in those courts. If You do not comply with these terms, and GitBit doesn’t take action right away, this doesn’t mean that GitBit is giving up any rights that GitBit may have (such as taking action in the future).
In addition to any other legal or equitable remedies, GitBit may, without prior notice to you, immediately terminate these Terms ment or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, you shall immediately cease all access to and use of the Services and GitBit shall, in addition to any other legal or equitable remedies, deny your access to and use of the Services in whole or in part. Any termination of these Terms shall not affect the respective rights and obligations of the parties arising before the date of termination.
Please contact us at card@kanektd.com or at 255 West 36th Street, Suite 1502, New York, New York, 10018, with any questions regarding these Terms.
These Terms were last modified on November 30, 2014.