These terms and conditions (hereinafter “Terms”) regulate your (“User”, You/r”) use of the website at http://gimme.fun (“Website”) provided by IdeasCamp Ventures S.L. (“We” or “IdeasCamp”).
By accessing and/or using the Website or by sending your data to us through contacting us, uyou accept these Terms. If you do not accept any term of these Terms and Conditions, you may not access the Website nor use our services.
IdeasCamp Ventures S.L. is registered in the Commercial Registry of Barcelona, volume 45775, sheet 40, page B 498598, Ins.1. Its registered address is Carrer Vallespir 19, 4-1, 08173 Sant Cugat del Valles (Barcelona), Spain and its Tax ID is B66940842. You can contact us at firstname.lastname@example.org.
- Use of the Website
The Website can be accessed by any users free of charge. This is independent of any professional services we may provide that may be advertised on the Website.
- Intellectual Property Rights
All rights of intellectual property on any contents of this Website (texts, images, trademarks, etc.) are owned by IdeasCamp or its licensors and are protected by national and international laws. Such rights are reserved in favour of IdeasCamp and / or its licensors. Access to and use of our website or any web-based services and content does not imply any transfer of all or part of these rights to you. Unless otherwise expressly set out herein or on the Website, any reproduction, republication, distribution, modification, transformation, removal and any other use, with or without profit, all or part of this Website or any of its contents, other than viewing and saving a single local copy, without the prior express written permission of IdeasCamp constitutes infringement and is expressly prohibited.
The Website allows you to create stories using emoji (“Story/ies”). You hereby grant us a worldwide and perpetual licence to use, reproduce, modify, create derivative works, distribute, communicate to the public, sub-license, sell the Stories you create using the Website for any purpose whatsoever, including without limitation for commercial purposes. You agree that the Stories that you post online will be anonymous and thus your name will not be published in relation to your story, but they will be attributed as “created with gimme.fun the Emoji Story Creator”. You may revoke this consent at any time, however, if you do so, we reserve the right to remove your Stories from the Website.
- Works of Third Parties
The Website contains work of third parties. The site offers use of emoji from EmojiOne Inc., which are licensed under a creative commons licence, CC-BY 4.0. By using the Website and the emoji contain therein, you agree to the terms of the CC-BY 4.0, available here:
- Responsibility for your User Content (your stories)
You may create and post Stories on the Website. You represent that the Stories you create and upload on the Website, and your other activities in connection with the Website, comply with these Terms and applicable laws and regulations, and do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does such data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing. We do not control or supervise any Stories, except when required to by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time Stories, including in particular but without limitation those that infringe or may infringe these terms, or prevent their display until proof is provided of ownership of the material or of the legality of the Stories. We reserve the right to prevent users from posting content, which may include without limitation restricting access to the Website. We reserve the right to take into account any evidence provided by the User whose contribution (Story) has been removed.
By sending us an email email@example.com or providing us with your email address, you agree to receive emails relating to the Website and the services of IdeasCamp. We will not provide your email to any third party (unless expressly authorised by you). We may contact you to send you information about our products or communications, or as otherwise required by law.
- Representations and Warranties
The Website is provided on an ‘as is’ basis without any warranties of any kind, express or implied. IdeasCamp, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose. IdeasCamp makes no warranties about the accuracy, reliability, completeness, or timeliness of the site.
Without limitation on the foregoing, IdeasCamp does not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your use of the site results directly or indirectly in the need for servicing or replacing equipment or data, IdeasCamp is not responsible for those costs
If your use of the Website, or any of the personal data you submitted to us or any of your Stories harms any person, violates any law, or infringes any Intellectual Property Rights, trade secrets or other third party rights, you shall defend, indemnify and hold us harmless from any costs, damages and reasonable attorneys’ fees suffered or incurred by us as a result. We will give you prompt notice if such claims arise. You will have sole control over your defence and over any settlements provided the latter is not prejudicial to us, in which case you shall ask for our consent, which shall not be unreasonably withheld or delayed.
- Limitation of liability
You assume all responsibility and risk for your use of the Site. To the extent permitted by law, on no event shall IdeasCamp (or any of its officers, directors, shareholders, employees, affiliates, agents or advertisers), be liable for any indirect damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with the use or access to, or the inability to use or access, the Website and/or any document or data on the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not IdeasCamp is advised of the possibility of such damages.
Severability: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect.
Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Modifications: IdeasCamp retains the right to change at any time the structure of the Website, as well as these terms and conditions. Changes to these terms and conditions come into force seven (7) days after the amended terms and conditions have been posted on the Website. You should always visit these Terms on the Website in order to be up to date on the applicable terms and conditions. If at any time you find the terms and conditions unacceptable, you shall stop using the Website.
Third Party links: the Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by IdeasCamp of the contents on such third-party web sites. IdeasCamp is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party web sites, you do so at your own risk.
Assignment. You may not assign this Agreement without our prior written consent which shall not be unreasonably withheld. IdeasCamp may assign this Agreement without need of your consent (a) in the event of any merger, acquisition, or corporate reorganisation or (b) to a purchaser of all or substantially all of its assets.
Governing Law and jurisdiction: Insofar possible these terms and conditions shall be governed by the laws of Spain, without respect to its conflict of laws principles. The parties expressly agree that any conflict which may arise in relation to the interpretation or performance of this Agreement will be submitted exclusively to the courts of Barcelona, Spain regardless of any other jurisdiction or court to which the parties may be entitled to submit such conflict, unless mandatorily applicable law provides otherwise.