Gizbo Terms and Conditions

1. ACCEPTANCE OF TERMS

Thank you for using Gizbo. These Terms of Service (the "Terms") are aimed at creating a binding legal relationship between the Client and the Application (Gizbo), whereas:
Client represents any legal entity that is willing to use the Application and accepts to advertise their products and services via Gizbo, according to the terms and conditions set forth herein;
Client represents any legal entity that is willing to use the Application and accepts to advertise their products and services via Gizbo, according to the terms and conditions set forth herein;
The Application (Gizbo) represents the legal entity that owes the website and application and any of their related entities, being it a legal or / and natural person. The application includes any related mobile phone or software applications, including and not limited to delivery of data and info via the Application and/or via website and/or via any other method of electronic communication (email, sms etc.), whether present or future. The present terms and conditions are binding and are becoming effective once the Client accesses the Application. The Client therefore irrevocably acknowledges and agrees that, once it starts using the applications, it may be exposed to content that may be objectionable, inappropriate or that might be removed or shall be removed in specific cases, for non-compliance with the present terms and conditions and/or with the applicable law. Acceptance of terms is done via one of the two methods below, both having the same legal effect:
• Clicking to accept or agree to the Terms, where it is made available to the Client by the Application in the Client interface for any particular Service;
Or
• Actually using the Services. In this case, it is understood that the Client has already adhered to the terms and conditions and therefore has entered into a binding legal relationship with Gizbo.

2. DEFINITIONS

Client

"Client" or "You" or "Your" refers to you, as a Client of the Services. Client represents any legal entity that is willing to use the Application and accepts to advertise their products and services via Gizbo, according to the terms and conditions set forth herein. For the avoidance of doubt, a Client is accessing the Application or Website for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading data, information, images, views, pictures, offers etc. and includes other persons jointly participating in using the Services, including without limitation a Client having access to 'Brands business page' to manage and/or edit data, info and/or any other type of Client Content or otherwise, with the purpose of advertising and providing information.

Content

"Content" represents (but is not limited to) images, views, display, text, offers, photos, audio, video, location data, nearby places, other relevant data, competitions and / or all other forms of information or data. The present enumeration is non limitative.

"Your content" or "Client Content" means content that the Client uploads, edits, manages, shares or transmits to the Users (the general public), through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and/or any other materials that the Client understands to publicly display or displayed in their account profile (Brand's business page). However, Gizbo is not assuming any liability, of any nature whatsoever, regarding the content the Client is uploading and does not guarantee any sale of products or any marketing activities as result of the Client uploading and/or managing the Client Content. In all situations, Gizbo retains the right to block the Client Content which is inappropriate, if non compliant with the present terms, if in violation of the applicable laws and regulations or / and in any other way inappropriate for the usage of the Application.

"Gizbo Content" means content that Gizbo creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, structures, graphics, design, compilations, computer codes, products, software, aggregate ratings, databases, reports and/or other usage-related data in connection with activities associated with the Application and/or the Client's account and/or all other elements and components of the Services, excluding Client's Content and third party content. The Client is fully assuming the Gizbo content, with no further claim and agrees with the interfaces and Services provided by Gizbo, with no further claims. It is irrevocably acknowledged and agreed by the Client that the Gizbo content is at the full discretion of Gizbo.

"Third Party Content" means content that comes from parties other than Gizbo or its Clients and is available on the Application, such as: User's content & advertisements and/or data from other parties than the Client. "User Content" means content that comes from the end users of the Application (the general public). "Services" represents the intangible products created through and by the Application & Website, such as access to markets, customers, access to promotions, information, competitions etc.

3. CLIENT'S WARRANTIES

1.Client hereby represents and warrants that he is a duly registered corporate entity and/or he is at least eighteen (18) years of age or above and fully able, authorized and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Gizbo bears no liability, of any nature whatsoever, for the above representations. While entering the present contract, Gizbo relies solely and exclusively on the representations of the Client, which shall bear full responsibility in that respect. 2.Compliance with Laws - The Client is responsible for complying with all relevant laws and regulations in the country in which Client resides when accessing the Services. Also, the Client is fully responsible for complying with the local laws at the Gizbo's siege when using the Services. Client warrants to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate Gizbo' legal rights or those of any third party(ies).
3.Client agrees on the usage of their data accordance with Gizbo's privacy and data policy and with any other document and/or policy attached by Gizbo to the usage and management of the Application.

4. VARIATIONS

Gizbo may vary or amend or change or update these Terms, at their own discretion, at time intervals that Gizbo may deem fit. Gizbo will try to keep the Clients updated towards these modifications, however the Client is fully responsible for checking and keeping abreast with these Terms and ensure continued compliance thereto. Client's usage of application after any such amendment or change in the Terms shall be deemed as express acceptance to such amended/changed terms and Client also agrees, with no further claims and /or conditionality, to be bound by such changed/amended Terms.

5. LANGUAGES OF THE APPLICATION

Gizbo may provide a translation of the English version of the Terms into other languages. Client understands and agrees that such translations are for the sole purpose of convenience and for making the application more familiar with other markets, however the English version shall prevail at all times over any translated Terms. In case of inconsistencies between the English version of the Terms and the translation, the English version shall prevail at all times.

6. GIZBO UNDERTAKINGS

1. Gizbo is an evolving Application that aims at providing accurate and performant content and experience to the Clients. In such context, the Client acknowledges and irrevocably agrees that the Services and Gizbo Content may require updates and changes from time to time. Further on, the Client acknowledges and irrevocably agrees that Gizbo reserves the exclusive right, in their own discretion, to suspend, cancel, amend, update, change and/or discontinue any or all Gizbo Content or / and other form of Content, irrespectively of their nature, make modifications and/or alter any content, products and services without prior notice and as the case may be.
2. The Application and/or Website may include functionality to automatically check for updates or upgrades and, unless the Client's device, its settings, or computer software does not permit transmission or use of upgrades or updates, Client agrees that the Application and/or Website, without bearing any obligation in this respect, may notify the Client of the availability of such upgrades or updates and automatically push the upgrade or update to the Client's device. Client acknowledges and fully agrees that he may need to download, acknowledge and install from time to time upgrades and/or updates in his device in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct the functionality of the Services and of the Application). Any such updates form an integral part of the present Terms and Conditions.
3. Client acknowledges and agrees with no further claims that Gizbo may disable, block and/or suspend the access of the Client to the Client's Content, in agreement with the present Terms and Conditions. However, Gizbo undertakes to the Client that the Client's access to the Application shall not be arbitrarily blocked or suspended.
4. Gizbo has not set a limitation in the number of uploads and/or transmission by the Client, however the Client is aware and acknowledges with no further claims, that Gizbo may set an upper limit on the number of uploads and/or transmissions by the Client. 5. Gizbo bears no responsibility for updating the Client's Content and or Third Party content, unless such services are paid for by the Client, after prior written approval. Therefore, the Client acknowledges and agrees that Gizbo is not liable, for any reason whatsoever, for information outdated in the Client's Content and/or in the Third Party Content, including the User's Content.
6. Gizbo bears no liability towards the Client and/or any other third party regarding the availability of the products and / or services in the Clients' content in any branch, shop and/or online and/or in any other manner. The present Clause remains in the Clients' full responsibility at all times. At the same time, Gizbo does not guarantee the prices advertised by the Clients, for any reason whatsoever. 7. Unless stated otherwise, the Client's Content is licensed at all times to Gizbo, that may dispose of the said content within the limits of the present Terms and Conditions, in order to make further advertisements and in order to use it for any lawful purpose. Should the Client believe that any such provisions violate their copyright policies, then the Client should approach Gizbo via email (gizbo.care@appcom.ae) and apply for special consideration in this respect. However, no other party is authorized to reproduce or republish these digital versions in any format whatsoever without the written permission of Gizbo.
8. Gizbo reserves the right to charge subscription and/or membership fees from a Client, by giving reasonable prior notice, in respect of any product, service or any other aspect of this application anytime in the future. Non compliance with by or of the Client with this clause, irrespectively of the reason, shall lead to that Client's account being blocked and further on deactivated. The Client therefore undertakes that they have no further claim in such situation, of any nature, towards the Application. The subscription and/or membership fee is non-refundable.

7. CLIENT'S UNDERTAKINGS & USAGE OF THE APPLICATION

1.Upon subscribing to Gizbo, the Client will be provided with an account through which he has the right to manage and populate the Client's content on the Application using the Website; therefore the provision of information and data by the Client is subject to the Application Privacy and Data Policy.
2.Client bears full responsibility in marinating the confidentiality and/or security of their account, which represent the sole method of communication between the Client and the Users. In this respect, Gizbo will undertake their best endeavors to keep the Gizbo content on Gizbo safe and secure, however the Client's Content shall be at the sole responsibility of the Client.
3.In creating an account for the Client, Gizbo will require certain verification information. Client warrants and represents that all information provided in such process is true, accurate and correct and updated. However, Gizbo bears no liability for the accuracy of the info provided by the Client. If the Client is creating an account, the Client may not impersonate someone else, create or use an account for anyone other than himself, provide an email address other than his own, create multiple accounts or except as otherwise authorized by the Application & the Website or provide or use false information to obtain access to a business listing. Client acknowledges that such actions shall have repercussions on their account, including the suspension and/or blockage in the access to the Application & the Website and/or other legal proceedings that may be initiated by Gizbo (the Application) against the Client in such respect. The Client acknowledges and agrees that upon suspension and/or blocking, Gizbo is under no obligation make refunds of any sort to the Client.
4.Client is fully responsible for all activities that occur on their account. Client agrees and warrants to notify Gizbo immediately of any unauthorized and/or suspicious use of their account in order to enable Gizbo to take necessary action. Without prior notice to Gizbo, the Client also agrees that they will not allow any third party to use their account for the purpose of transacting activities in the Client's name via the Application and/or Website. In such case, Client shall be liable and hold harmless both Gizbo and/or any other third party for any damage produced by such unauthorized use, to the maximum extent permitted by the applicable law.

8. CONTENT

Proprietary Rights over Gizbo Content:

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
Client acknowledges that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. Client further acknowledges that the Services may contain information which is designated as confidential by Gizbo and that the Client shall not disclose such information without Gizbo's prior written consent.
Client agrees to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. Client acknowledges and agrees that Gizbo (or Gizbo's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Gizbo and that the Client shall not disclose such information without Gizbo's prior written consent. Unless the Client has agreed otherwise in writing with Gizbo, nothing in the Terms gives the Client a right to use any of Gizbo's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Client agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of Gizbo; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against the Client at appropriate forum for seeking all available/possible remedies under applicable laws. Client cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Gizbo's content in whole or in part except as expressly authorized by Gizbo.
To the fullest extent permitted by applicable law, we neither warrant nor represent that the Client 's use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. Client agrees to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained within the present Terms and Conditions.

Client's License to Gizbo Content:

Appcom Solutions Technologies is and remains the owner of Gizbo application and the Client acknowledges and agrees, with no further claims, that he is granted only and solely an end Client license, meaning a license to use the software, within the terms and conditions herein agreed. We grant the Client a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. Client shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.
Client agrees not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Gizbo's Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to the Client in writing, we do not grant the Client any other express or implied right or license to the Services, Gizbo Content or our IP Rights.
Any violation by the Client of the license provisions contained in this Section may result in the immediate termination of the Client right to use the Services, as well as potential liability for copyright and other IP Rights infringement, depending on the circumstances. At all times, the claims made by Gizbo are at the maximum value as permitted by the applicable law.

Gizbo License to Client Content:

By submitting Your Content, the Client hereby irrevocably grants us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business Client having access to a 'Brand business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their Client's and others to do the same. Client grants us the right to use the name or Client name that the Client submits in connection with the Client's Content. Client shall irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to the Client's Content brought against us, any third party services and our and their Client's.

Representations Regarding Client Content:

Client is solely responsible for their Content. Client represents and warrants that they are the sole author of, own, or otherwise control all of the rights of their Content or have been granted explicit permission from the rights holder to submit such Content. Client's Content was not copied from or based in whole or in part on any other content, work, or website; Client's Content was not submitted via the use of any automated process such as a script bot. Use of Client's Content by us, third party services, and our and their third party Client. Client's will not violate or infringe any rights of ours or any third party; Client Content is truthful and accurate; and Client's Content does not violate the Terms or any applicable laws. If Client's Content is a review and/or comment, Client represents and warrants that he is the sole author of that review and/or comment.
Client assumes all risks associated with Client's Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by Client of information in his Content that makes the Client personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our Client's users and do not guarantee the accuracy, integrity or quality of any content provided by the Client. Client acknowledges and agrees that content posted by Clients and any and all liability arising from such content is the sole responsibility of the Client who posted the content, and not Gizbo.

Content Removal:

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Client's users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Client's Content to the Client under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion. The Client may report a review and/or comment to be taken down through the use of the Website. The Arbitration of this decision will be at the sole discretion of Gizbo and/or its representatives.

Third Party Content and Links:

Some of the content available through the Services may include or link to materials that belong to third parties, such as third party e-commerce sites and services. Please note that Client's use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. Client acknowledges and agrees that Gizbo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including that posted by our Clients, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Client's Content or any third party content. Client further acknowledges and agrees that Gizbo is not liable for any loss or damage which may be incurred by the Client as a result of the availability of those external sites or resources, or as a result of any reliance placed by the Client on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

User Reviews:

Application Users' reviews do not reflect the opinion of Gizbo. Gizbo receives multiple reviews by User, which reflect the opinions of the respective Users. It is pertinent to state that all reviews posted on Gizbo are the personal opinion of the User /reviewer only. Gizbo is a neutral platform, which solely provides a means of communication between Users/reviewers, the Client and/or brand owners/representatives with access to Brand Business Page. The advertisements on Gizbo are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the Services. Gizbo does not arbitrate disputes, however in the case of inaccurate reviews, Gizbo recommends that the brand contact the reviewer or post a public response in order to resolve any misunderstandings. If the Brand believes that any particular User's review violates Gizbo's Policy, they have the option of flagging the review in order to bring it to our attention. Gizbo may then remove the review in its sole discretion if the review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services. No Client may use the review section of a competing Client page to solicit a sale or transaction or to affect, sabotage or misrepresent facts or libel that Client's trade name or business. If a Client is found guilty of doing so, they will be subjected to an evaluation from Gizbo and suitable actions will be taken to rectify such an offence.

9. RESTRICTIONS ON USE:

Without limiting the generality of these Terms, in using the Services, Client specifically agrees not to post or transmit any content or engage in any activity that, in our sole discretion:
1.Violate our Guidelines and Policies;
2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
3.Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
4.Contains material that violates the standards of good taste or the standards of the Services;
5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
6. Accuses others of illegal activity, or describes physical confrontations;
7. Alleges any matter related to health code violations requiring healthcare department reporting.
8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
9. Attempts to impersonate another person or entity;
10. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
11.Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
12.Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
13. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
14. Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
16. Accesses or uses the account of another Client without permission;
17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
19. "Hacks" or accesses without permission our proprietary or confidential records, those of another Client , or those of anyone else;
20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
21. Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
23. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
24. Collects, accesses, or stores personal information about other Client of the Services;
25. Harms minors in any way;
26. Threatens the unity, integrity, defense, security or sovereignty of UAE or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any recognizable offence or prevents investigation of any offence or is insulting any other nation;
27. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
28. Attempts to do any of the foregoing.

However, we have the right to monitor the Client's Content for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
Client hereby agree and assure Gizbo that the Application/Services shall be used for lawful purposes only and that the Client will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). Client shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Gizbo in any form or manner whatsoever.
Any Content uploaded by Client, shall be subject to relevant laws of UAE and of the country of use and may be disabled, or and may be subject to investigation under applicable laws.

10. CLIENT FEEDBACK

If Client shares or sends to Gizbo any ideas, suggestions, changes or documents ("Feedback"), Client agrees that (i) the Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Gizbo is under no obligation of confidentiality with respect to such Feedback, (iii) Gizbo may have already received similar Feedback from some other Client or it may be under consideration or in development, and (iv) By providing the Feedback, Client grants us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and Client irrevocably waives, against Gizbo any claims/assertions, whatsoever of any nature, with regard to such Feedback.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION

Disclaimer of Warranties:

Client acknowledges and agrees that the services are provided "as is" and "as available" and that Clients' use of the services shall be at his sole risk. To the fullest extent permitted by applicable law, Gizbo, its affiliates and their respective officers, directors, employees, agents, branches, subsidiaries, and licensors ("Gizbo Parties") disclaim all warranties and liabilities, express or implied, in connection with the services including mobile applications, websites and the Client's use of them. To the fullest extent permitted by applicable law, the Gizbo Parties make no warranties or representations for the Gizbo Content, Third Party Content and Client's Content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Client's access to and use of the Content, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of Client's data or content from the services and/or (vii) 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 Content.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The Gizbo parties will not be a party to or in any way be responsible for monitoring any transaction between a Client and third-party providers of products or services. Client is solely responsible for their communications and interactions with other Clients and/or third parties. No advice or information, whether oral or written, obtained by the Client from Gizbo or through or from the Content shall create any warranty not expressly stated herein, unless the Client has been expressly authorized to do so in writing by Gizbo. As such, Client agrees that in using the Content, they will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Limitation of Liability:

To the fullest extent permitted by applicable law, in no event shall the Gizbo Parties be liable to the Client for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Client access to and use of the services including mobile Application and Website, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of Client data or Content from the services (vii) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of Client use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Gizbo Parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) Client failure to keep his password or account details secure and confidential, (x) loss or damage which may be incurred by Client, including but not limited to loss or damage as a result of reliance placed on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the Client and any advertiser or sponsor whose advertising appears on the services. In no event shall the Gizbo Parties be liable to the Client for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

INDEMNIFICATION:

The Client agrees to indemnify, defend, and hold harmless the Gizbo Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Client Content, (ii) Client's unauthorized use of the Services, or products or services included or advertised in the Services; (iii) Client access to and use of the Services; (iv) Violation of any rights of another party ; or (v) Client breach of these Terms, including, but not limited to, any infringement of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without the Client's prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at Client's expense, to assume the exclusive defense and control of any matter for which Client is required to indemnify us and he agrees to cooperate with our defense of these claims. The Client agrees not to settle any matter in which we are named as a defendant and/or for which Client has indemnity obligations without our prior written consent. We will use reasonable efforts to notify the Client of any such claim, action or proceeding upon becoming aware of it.


12. NOTICE OF COPYRIGHT INFRINGEMENT AND GRIEVANCE REDRESSAL MECHANISM
Gizbo shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Website and /or Application, or items advertised on the Website and /or Application, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Client of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate the Clients' rights to use the Services. If the Client believes that his copyright has been or is being infringed upon by material found in the Services, the Client is required to follow the below procedure to file a notification:
• Identify in writing the copyrighted material that Client claims has been infringed upon;
• Identify in writing the material on the Services that Client alleges is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
• Include the following statement: "The Client has a good faith belief that the use of the Content on the Services as described above is not authorized by the copyright owner, its agent, or law";
• Include the following statement: "The Client swears under penalty of perjury that the information in his notice is accurate and Client is the copyright owner or is authorized to act on the copyright owner's behalf";
• Provide Client contact information including Client's office address, telephone number, and e-mail address (if available); provide a physical or electronic signature