Gigantt is a company that provides an online project management service available through the Site (the "Project Management Service"). These Terms apply to your use of the Site as well as to your subscription to and use of the Project Management Service, if you elect to subscribe to such service. Section 5 below includes specific terms which are only applicable to subscribers to the Project Management Service.
We reserve the right, at our discretion, to modify these Terms, which modification will be effective ten (10) days following the posting of the modification to the Site or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform you regarding such modifications by either notifying you via email or by posting such latest changes on the Site. You should continue checking the Site for changes. Your continued use of this Site or of the Project Management Service, as applicable, ten (10) days following the posting of changes to these Terms or providing notice to you, whichever occurs first, will mean you accept those changes.
Your Acceptance.By using or visiting this Site, including without limitation contributing to or viewing the Site Content (as defined below), you signify your assent to these Terms. These Terms apply to all users of the Site, including the subscribers to the Project Management Service. If you do not agree to these, then please do not access or otherwise use the Site or any information contained herein or the Project Management Service.
Ability to Accept Terms.You affirm that you are over the age of 18, as the Site and the Project Management Service are not intended for children under 18. If it comes to Gigantt’s attention through reliable means that a registered user is a child under 18 years of age, Gigantt will cancel that user's account and/or access to the Site and/or access to the Project Management Service.
- Gigantt hereby grants you permission to use the Site, provided that you will: (i); not copy, distribute or modify any part of the Site without Gigantt’s prior written authorization; (ii) not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) not transmit and/or upload any content which contains software viruses, or other harmful computer code, files or programs; (iv) not disrupt servers or networks connected to the Site; and (v) comply with these Terms.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to Gigantt's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Gigantt reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
- Gigantt, in its sole discretion, has the right to terminate your access to the Site immediately and with or without cause.
Intellectual Property Rights in Site Content.The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, Project Management Service, user submissions and any other content on the Site ("Site Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Gigantt. Site Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Gigantt’s prior written consent. Gigantt reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Site Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or that enforce limitations on use of the Site.“Gigantt” and the Gigantt logo are Marks owned by Gigantt or its affiliates. All other trademarks, service marks, and logos used on our Site are the Marks of their respective owners.
The Project Management Service.The terms of this Section 5 apply only to subscribers to the Project Management Service.
- Account Registration. In order to access and use the Project Management Service, you will be required to create an account ("Account") and otherwise comply with these Terms. The Site offers you the option of creating an Account by completing an online registration form or by linking to an account that you may have with Facebook, Yahoo!, LinkedIn or other third party websites designated on the Site. You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate, current and complete information. If your information changes, you agree to promptly make the related changes in your Account so that your information remains accurate, current, and complete at all times. You are solely responsible and liable for the activity that occurs in connection with and in your Account or password, and you agree to keep your Account password confidential and secure at all times. You must notify Gigantt immediately of any breach of security or unauthorized use of your Account.
- How We Secure your Data. We recognize that when you subscribe to the Project Management Service, you entrust us with your sensitive work plans and proprietary information, and it is important to us to secure any data that you submit or upload using the Project Management Service ("Project Data"). Our systems are designed to be resistant to hardware failure and data loss by being fully redundant. This means we have spare machines to handle unexpected failures, and we store multiple copies of your data in separate places. In addition, since it is possible for entire data centers to become unavailable, we securely backup Project Data through multiple third-party hosting providers. We take measures to protect Project Data even against accidental deletion. This means that even if you perform a delete operation on any part of your Project Data, we still retain a copy of that Project Data in our backups and history for a period of up to 24 months after termination of your subscription to the Project Management Service, subject to applicable law. However, please note that despite our best efforts, there is always a risk of data loss due to accident, bugs or hacking, and as further detailed below, Gigantt is not liable for loss of Project Data or other Data.
- Rights in Project Data. You represent that you are the sole owner of any Project Data and that you have good title and all ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Project Data. Gigantt believes that you should always be able to use data that belong to you. As such, you will have the ability to access and retrieve your Project Data at any given time, whether or not you are subscribed to the Project Management Service at such time, for a period of up to 24 months after termination of your subscription to the Project Management Service.
- Rights in the Project Management Service. Gigantt retains all title, ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Project Management Service.
- Termination of the Project Management Service. If at any time you wish to discontinue using the Project Management Service, You may cancel your Account by using the tools provided on the Site. Gigantt reserves the right to terminate your access to the Project Management Service immediately and without notice if you fail to comply with these Terms. Upon termination of the Project Management Service, your access to the Project Management Service will be discontinued, but you will be able to access and retrieve your project data for a period of up to 24 months. During this period you will have only read-access to your information and will not be able to edit it. Termination for any reason will not entitle you to a refund of any fees paid by you to Gigantt.
Information We Collect and How We Collect It.We do not currently require you to provide Personal Information in order to have access to general information available on the Site. We do, however, receive and/or collect information from you in the following ways:
Account Registration. In order to provide you with the Project Management Service, you are required to first create an Account. We offer two ways to create an Account:
- Online Registration Form: You can complete and submit an online registration form which we make available on the Site. You will be asked to provide us with information such as your name, an email address, and a password that you will use for your Account. We will use this information to distinguish you from other users and to provide you with the Project Management Service.
- Third Party Account: You can click on a sign-in box that we may display on the Site for Facebook, Yahoo!, LinkedIn or other third party websites designated on the Site (each a "Third Party Account"). Doing so will enable you to link your Site account and your Third Party Account. If you choose this option, then a Third Party Account authentication process will take place which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with, your Third Party Account. By linking your Account and your Third Party Account, you grant us authorization to collect the information that you make available to us from your Third Party Account.
- Project Data. If you submit Project Data, then we will receive and store such Project Data, whether or not it includes Personal Information. We collect this information solely for the purpose of providing you with the Project Management Service. Only select employees in Gigantt have access to your Project Data, and it is our policy not to read it unless you ask us to do so (e.g. for technical support purposes).
- Log Files. The Site may make use of log files. The information inside the log files includes Internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us or that our client application may send to our servers during the normal functioning of the system. We may use such information to analyze trends, administer the Site, track user's movement around the Site, learn how our users utilize the system and which features are used more often than others, gather demographic information, and improve our service by letting us know how well our Site and our Project Management Service performs for you.
- Cookies and Other Tracking Technologies. Some of our Site pages utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
- Account Registration. In order to provide you with the Project Management Service, you are required to first create an Account. We offer two ways to create an Account:
The Way We Use Information.Any information collected by us or submitted by you through the Site or the Project Management Service, including Personal Information, ("User Information"), may be used in the following ways:
- We will use User Information to provide and improve our Site and the Project Management Service, to contact you in connection with the Site and/or the Project Management Service, and to identify and authenticate your access to the Project Management Service.
- We retain User Information even after you stop using the Project Management Service in order to allow you access and retrieve your Project Data, whether or not you are subscribed to the Project Management Service at such time, for a period of up to 24 months after termination of your subscription to the Project Management Service.
- We may use your designated email address(es) to (i) send you updates or news regarding the Site and the Project Management Service, and (ii) respond to a "Contact Us" email or other queries.
- We may disclose User Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Gigantt, its Users, yourself or the public.
Use of Anonymous Information.We may use Anonymous Information (defined below) or disclose it to third party service providers in order to improve the Project Management Service and enhance your experience with the Site. "Anonymous Information" means information which does not enable identification of an individual person, such as aggregated information about use of the Site.
ChoiceAt all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide the Personal Information we request, you may still visit parts of the Site, but you may be unable to access certain part of the Site and the Project Management Service.
Links to Other Sites.The Site may contain links to third party websites that are not owned or controlled by Gigantt. Other websites may also reference or link to the Site. We are not responsible for the privacy practices or the content of such other websites, and you visit them at your own risk.
Children's Privacy.The Site is not structured to attract individuals under the age of 18. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 18 years of age. If we learn that we have collected Personal Information from a child under 18 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at [email protected]
Security.The security of your Personal Information and Project Data is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information and Project Data submitted to us. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information and Project Data, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Site, you can contact us at [email protected]
Your California Privacy Rights.California Civil Code Section 1798.83 permits customers of Gigantt who are California residents to request certain information regarding Gigantt's disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected] Please note that we are only required to respond to one request per customer each year.
Links to Site.Gigantt permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Site Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Gigantt or present any false information about Gigantt and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) your website does not contain content that is, in Gigantt's judgment, offensive, controversial, or infringes any intellectual property or other rights of any person; and/or (v) you, and your website, comply with these Terms and applicable law.
Information Description.Gigantt attempts to make the Site and the Project Management Service as accurate as possible. However, Gigantt cannot and does not warrant that the Site Content or the Project Management Service is accurate, complete, reliable, current, or error-free. Gigantt reserves the right to make changes in or to the Site Content and the Project Management Service, or any part thereof, in its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Site Content or and the Project Management Service. Your use of the Site Content and the Project Management Service, or any part thereof, is made solely at your own risk and responsibility.
Copyright and Content Policy.It is the policy of Gigantt to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Gigantt has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Gigantt’s Copyright Agent with the following information in accordance with the DMCA:
Gigantt's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on Gigantt’s Site, with enough detail that We may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Assaf Lavie Gigantt Ltd. Phone: +1 (415) 315-9508 Fax: +1 (415) 520-6460 Email: [email protected]Please also note that under Section 512(f) of the DMCA any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability.Counter-NotificationIf you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) of the DMCA to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
Assaf Lavie Gigantt Ltd. Phone: +1 (415) 315-9508 Fax: +1 (415) 520-6460 Email: [email protected]Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.Warranty Disclaimer.EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE (INCLUDING THE SITE CONTENT) AND THE PROJECT MANAGEMENT SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, GIGANTT DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT GIGANTT WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC. IF YOU SUBSCRIBE TO THE PROJECT MANAGEMENT SERVICE, YOU AGREE AND ACKNOWLEDGE THAT ALTHOUGH GIGANTT USES ITS REASONABLE COMMERCIAL EFFORTS TO MAKE THE PROJECT MANAGEMENT SERVICE ACCURATE, SECURE AND RELIABLE, IT CANNOT AND DOES NOT WARRANT THAT THE PROJECT MANAGEMENT SERVICE SHALL AT ALL TIMES BE ACCURATE, COMPLETE, SECURE, RELIABLE, CURRENT, OR ERROR-FREE.Limitation of Liability.UNDER NO CIRCUMSTANCES SHALL GIGANTT, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY ACTUAL OR POTENTIAL DAMAGE THAT MAY BE CAUSED TO YOU AND/OR TO ANY THIRD PARTY INCLUDING WITHOUT LIMITATION, ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR BREACH OF DATA SECURITY) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE PROJECT MANAGEMENT SERVICE AND ANY OTHER SERVICE AVAILABLE ON THE SITE, EVEN IF GIGANTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT GIGANTT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING FROM YOUR USE OF THE SITE SHALL NOT IN ANY CIRCUMSTANCES EXCEED $100. YOU FURTHER AGREE THAT, EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIM WITH RESPECT TO YOUR USE OF THE PROJECT MANAGEMENT SERVICE WILL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO GIGANTT FOR THE PROJECT MANAGEMENT SERVICE DURING THE 12 MONTH PERIOD PRIOR THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.IF YOU SUBSCRIBE TO THE PROJECT MANAGEMENT SERVICE, YOU AGREE AND ACKNOWLEDGE THAT YOUR PROJECT DATA WILL BE STORED THROUGH THIRD PARTY CLOUD STORAGE PROVIDERS. GIGANTT THEREFORE CANNOT WARRANT AND HEREBY DISCLAIMS ANY RESPONSIBILITY WITH RESPECT TO THE INTEGRITY, RELIABILITY, SECURITY, QUALITY AND AVAILABILITY OF THE SERVICES PROVIDED BY THE CLOUD STORAGE PROVIDERS AND THEIR EFFECT ON THE PROJECT MANAGEMENT SERVICE AND/OR PROJECT DATA.YOU AND GIGANTT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR TO THE GIGANTT BACKUP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.Indemnity.You agree to defend, indemnify and hold harmless Gigantt, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site and/or the Project Management Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigantt without restriction or notification to you.General.Gigantt reserves the right to discontinue or modify any aspect of the Site and the Project Management Service at any time. These Terms and the relationship between you and Gigantt shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You and Gigantt agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with any other legal notices published by Gigantt on the Site, shall constitute the entire agreement between you and Gigantt concerning the Site and your subscription to and use of the Project Management 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 these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.