How we collect and use information
Gizmr.com only collects the necessary personally identifiable information in order to respond to your requests for our customized products and services. Personally identifiable information includes, but is not limited to, first and last name, physical address, e-mail address, phone number, interests, birth date, and any other information that itself identifies or when tied to the above information, may identify you as a specific individual.
This website does not collect personally identifiable information about you except when you specifically and knowingly provide it. Gizmr.com uses your personally identifiable information to operate the site and services and to inform you of new features, services, and products from Gizmr.com.
When you visit Gizmr.com, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Gizmr help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the website (e.g., the pages you view, the links you click and other actions you take on the site), and allow us to track your usage of Gizmr.com over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of Gizmr.com may not function properly if the ability to accept cookies is disabled.
Gizmr.com may also carefully select other companies to send you information about their products or services which are related to the site’s service but are not necessary to its operation (an “Extended Service”). If Gizmr intends to use personally identifiable information for an Extended Service, the Gizmr.com site will provide you with the ability and requisite instructions to decline this service. You may also stop the delivery of informational or promotional mail from Gizmr.com by following the instructions on the mail.
Gizmr.com may disclose personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to (i) conform to the edicts of the law or comply with legal process served on the site or its owners; (ii) protect and defend the rights or property of the site owners, the site or the users of Gizmr.com, and (iii) act under exigent circumstances to protect the personal safety of users of Gizmr.com, the site, its owners, or the public.
User/member interaction features
Gizmr.com has many features that provide for users/members to disclose their identities and communicate with other users/members. Your use of such features and disclosure of any personal details (e.g. e-mail address) by you through these features are at your sole risk and Gizmr.com accepts no responsibility for the same. However, if your privacy has been intruded as a result of participating in such features, you could notify us by e-mail at firstname.lastname@example.org.
The Gizmr.com site contains links to other websites. Gizmr.com is not responsible for the privacy practices or the content of such websites.
If at any time you believe that Gizmr.com or its users/members have not adhered to these principles, please notify Gizmr by e-mail at email@example.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.
The freedom to write articles of your choice for any gadget which is available on site allows you to present your views to the visitors through this platform. However, the bloggers, writers and authors are advised not to violate the copyright laws meant to promote original work. The website will not be responsible for any content posted by its users. However, we will take appropriate action against copied content, if any, reported by a visitor.
The content on this website is published merely to enable sharing of ideas among people and to bring awareness about gadgets to the masses. The views expressed by the bloggers, authors or writers are their opinions and do not stand to be used as legal evidence.
You can browse Gizmr.com without registering for a Gizmr account. In order to post any User Content or access certain features of the website, however, you must register for an account with Gizmr (which may include connecting to Gizmr.com through a third-party service) and select a password and screen name (“Gizmr User ID”). You may not select or use as a Gizmr User ID any name that we determine to be offensive, vulgar or obscene. Gizmr reserves the right to refuse registration of, or cancel a Gizmr User ID or a User account at its sole discretion. By registering, you certify that all information you provide, now or in the future, is accurate. We reserve the right to reclaim Gizmr User IDs on behalf of businesses or individuals that hold legal claim or trademark on those usernames. You are responsible for maintaining the confidentiality of your Gizmr password. By connecting to Gizmr.com with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify Gizmr immediately of any breach of security or unauthorized use of your account. Gizmr will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of Gizmr or others due to such unauthorized use.
By registering, you agree to get periodic newsletters and other email notifications.
Gizmr hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access Gizmr.com provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement.
a. Your content: Gizmr allows you to post content on Gizmr.com, including articles, comments, pictures, discussion threads and other material. Any content a User submits, posts, displays, or otherwise makes available on Gizmr.com, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content”.
b. How Gizmr and other Users can use your content: You grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on Gizmr.com and in all forms and media now or hereafter known for the purposes of operating Gizmr.com. Nothing in this Agreement shall restrict Gizmr’s rights under separate licenses to User Content.
c. Your responsibility for your content: By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. Gizmr reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. Gizmr takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send on Gizmr.com. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, post, transmit, display, or otherwise make available or access through your use of Gizmr.com, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Gizmr is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Gizmr shall not be liable for any damages you allege to incur as a result of such User Content.
d. Definition of Intellectual Property Rights: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
a. Gizmr.com (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
b. By posting or submitting User Content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
c. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Gizmr.com we may authorize such content to be distributed or syndicated to or published on other Gizmr-branded environments.
d. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of Gizmr.com or any content thereon, except as permitted under the last sentence of this Section 3(d) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 3(d)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we, from time to time, excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
e. We are concerned about the integrity of Gizmr.com when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of Gizmr.com in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5. DELAYS IN SERVICES
Gizmr (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Gizmr shall have no responsibility to provide you access to Gizmr.com while interruption of Gizmr.com due to any such cause continues.
6. LIABILITY DISCLAIMER
You expressly agree that use of the website is at your sole risk.
The content, information, software, products, features and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the content herein. Gizmr.com and/or its respective suppliers may make improvements and/or changes in this website at any time. This website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Gizmr (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as ‘Associated Entities’ hereafter) shall not be liable to any user of member or any third party should Gizmr.com exercise its right to modify or discontinue any or all of the content, information, software, products, features and services published on this website.
Gizmr and/or its respective Associated Entities make no representations about the suitability of the content, information, software, products, features and services contained on this website for any purpose. All such content, information, software, products, features and services are provided “as is” without warranty of any kind. Gizmr and/or its Associated Entities hereby disclaim all warranties and conditions with regard to the website’s content, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
In no event shall Gizmr and/or its Associated Entities be held liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any content, information, software, products, features and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Gizmr or any of its Associated Entities has been advised of the possibility of damages.
7. USE OF DISCUSSION THREADS, COMMENTS AND OTHER COMMUNICATION FORUMS
If this website contains discussion threads, comment portals, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8. EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access Gizmr.com, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access Gizmr.com.
9. INFORMATION DISCLAIMER
You acknowledge that the information provided through Gizmr.com is compiled from sources, which are beyond the control of Gizmr.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Gizmr.com does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that Gizmr.com is provided to you on an ‘as is, with all faults’ basis. Gizmr expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind, to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, Gizmr.com, in providing the information, makes no endorsement of any particular security, market participant, or brokerage. Further, Gizmr.com does not represent or warrant that it will meet your requirements or is suitable for your needs.
Under this User Agreement, you assume all risk of errors and/or omissions in Gizmr.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of Gizmr.com, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
You agree that Gizmr(including its officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use of Gizmr.com for any purpose whatsoever. Gizmr and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise, to a user and/or any third party.
10. LINKS TO THIRD PARTY SITES
The links in this site will allow you to leave Gizmr.com. The linked sites are not under the control of Gizmr. Gizmr has neither reviewed nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by Gizmr of the site.
You shall indemnify, defend and hold harmless Gizmr.com (including its officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of Gizmr.com (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to user’s receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by Gizmr.
12. CONFLICTING TERMS
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents are prior to or subsequent to this User Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of Gizmr.
13. ENTIRE AGREEMENT
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Gizmr. By using the information on Gizmr.com, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Gizmr does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the information. The information does not constitute a solicitation by the information providers, Gizmr.com, or other of the purchase or sale of securities.
This service is provided ‘as is’, without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. Specifically, Gizmr disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither Gizmr nor any of its employees, agents, successors, assigns, affiliates, group companies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of Gizmr, its employees, agents, successors, assigns, affiliates, group companies and content or service providers’ respective liability is limited to the amount provided under said law. Further, you agree and understand that all services provided are non-refundable and that you should carefully consider whether our services are able to meet your needs.
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately by Gizmr for any unauthorized access or use by you (b) immediately by Gizmr if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not effect any right or relief to which Gizmr may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to Gizmr. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to Gizmr.com is non-refundable for any reason.
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Hyderabad or Bangalore, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
1. Your Acceptance
A. By using or visiting the Gizmr website or any Gizmr products, software, data feeds, and services provided to you on, from, or through the Gizmr website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (If you do not agree to any of these terms, please do not use the Service. The Service is provided by Gizmr.com, which, along with its products and services, is referred to as “Gizmr ” in these Terms of Service.
3. Gizmr Accounts
4. General Use of the Service—Permissions and Restrictions
▪ the sale of access to the Service;
▪ the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
▪ the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Gizmr appears on the same page and is of sufficient value to be the basis for such sales.
▪ uploading an original content to Gizmr, or maintaining an original channel on Gizmr, to promote your business or artistic enterprise;
▪ showing Gizmr contents on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
▪ any use that Gizmr expressly authorizes in writing.
5. Your Use of Content
6. Your Content and Conduct
7. Account Termination Policy
8. Copyright Policy
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Gizmr, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, Gizmr EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Gizmr DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Gizmr WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Gizmr, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, Gizmr LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). YOU SPECIFICALLY ACKNOWLEDGE THAT Gizmr SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Gizmr from its facilities in India. Gizmr makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Gizmr, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gizmr without restriction.
You agree that: (i) the Service shall be deemed solely based in India; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Gizmr, either specific or general, in jurisdictions other than India. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Bangalore, India. These Terms of Service, and any other legal notices published by Gizmr on the Service, shall constitute the entire agreement between you and Gizmr concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Gizmr’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND Gizmr AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Your Privacy Matters
We at Gizmr are fully committed to be transparent about the data we collect about you, how it is used and with whom it is shared.
Data Controllers and Contracting Parties
Gizmr.com will be the controller of your personal data provided to, or collected by or for, or processed in connection with usage of our website.
1. Data We Collect
1.1 Data You Provide to Us
To create an account, you need to provide the following data:
2. Short Bio
3. Primary e-mail
4. Secondary e-mail (optional)
5. Slug (to be used as a unique identifier across the website)
7. Social media handles for Twitter, Facebook
You have choices about which information you would like to provide on your profile. All profile data except the slug can be changed at any point of time via Edit Profile.
Sign-up as a Writer / Affiliate
To sign-up as a writer or an affiliate, you need to provide the following additional information, if you are a user from outside of India:
1. Paypal account registered name
2. Paypal registered e-mail
3. Tax identification number relevant to country of residence
Users from India wanting to sign-up as a writer or an affiliate, need to provide the following data:
1. Beneficiary Name
8. E-mail ID
9. Bank Name
10. Bank Address
11. Bank Account Number
12. Bank Account Type
13. IFSC Code
15. GSTIN (if applicable)
1.2 Service Use
We log usage data when you visit or otherwise use our website or app, such as when you view or click on content (e.g., news articles or slideshows) or ads (on or off our sites and apps), perform a search, install or update one of our mobile apps. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use. This is purely for gain insights into usage of our website and to help deliver a better experience to you.
1.4 Your Device and Location
When you visit or leave our website, we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our website from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.
2. How We Use Your Data
We use the data that we have about you to show your profile and to make payments for users who have signed up as revenue sharing writer.
We will contact you through email and push notifications for activity such as new articles published by authors you follow.
For users signed up as authors, we will send communication regarding action taken on articles submitted by you, such as article getting published, article sent back for review, article rejected.
Additionally, we will send periodic mails to our writers regarding revenue earned and payments made by Gizmr.
We serve you tailored ads both on our website. We offer you choices regarding personalized ads, but you cannot opt-out of seeing other ads.
We target (and measure the performance of) ads to users directly or through a variety of partners, using the following data, whether separately or combined:
Data from advertising technologies on and off our Services, like web beacons, pixels, ad tags, cookies, and device identifiers;
- Member-provided information (e.g., profile, contact information, title and industry);
- Data from your use of our Services (e.g., search history, feed, content you read, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3;
- Information from advertising partners and publishers
Info to Ad Providers
We do not share your personal data with any third-party advertisers or ad networks for their advertising except for: (i) hashed or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission or (iii) data already visible to any users of the website (e.g. profile). However, if you view or click on an ad on or off our site or apps, the ad provider will get a signal that someone visited the page that displayed the ad, and they may through the use of mechanisms such as cookies determine it is you. Advertising partners can associate personal data collected by the advertiser directly from you with our cookies and similar technologies. In such instances, we seek to contractually require such advertising partners to obtain your explicit, opt-in consent before doing so.
2.4 Aggregate Insights
We use your data to produce and share aggregated insights that do not identify you. For example, we may use your data to generate statistics about our users, their preference in gadgets, brands and various other parameters, to calculate ad impressions served or clicked on, or to gain visitor demographics that help in improving user experience.
2.5 Security and Investigations
3. How We Share Information
3.1 Our Services
Your profile is fully visible to all members and users of our website. Additionally, articles published by writers will be fully visible to all members and users of our website.
3.2 Legal Disclosures
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our website (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Gizmr, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
3.3 Change in Control or Sale
4. Your Choices & Obligations
4.1 Data Retention
We retain your personal data while your account is in existence or as needed to provide you access to our website. Even if you only use our website once in every few weeks, we will retain your information and keep your profile open until you decide to close your account. In some cases, we choose to retain certain information (e.g., visits to sites, time spent on the website) in a depersonalized or aggregated form.
4.2 Rights to Access and Control Your Personal Data
We ensure that you have complete rights and control over your personal data. You can control or modify the rights to your personal data in the flowing ways:
- Delete Data: You can ask us to erase or delete all or some of your personal data
- Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
- Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
- Right to Access and/or Take Your Data: You may at any time order a complete data copy, which you may transmit to another controller of the data. Your data will be delivered within 10 working days by Gizmr as spreadsheet files in Microsoft Excel-format. Logical relations between datasets will be preserved in form of unique identifiers. You are required to pay €1,000 + any applicable taxes on delivery for each data copy order.
Visitors can contact us at firstname.lastname@example.org.
4.3 Account Closure
If you choose to close your Gizmr account, your personal data will generally stop being visible to others on our website within 24 hours. We generally delete closed account information within 30 days of account closure, except as noted below.
We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.
Comments or published content associated with closed accounts will show a generic user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.
5. Other Important Information
We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
5.2. Cross-Border Data Transfers
We process data in India and Singapore and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.
5.3 Lawful Bases for Processing
We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the LinkedIn Services you have requested)) and “legitimate interests”.
Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact us email@example.com
5.5. Contact Information
If you have questions or complaints regarding this Policy, please contact us firstname.lastname@example.org
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