Welcome to Gicando’s digital offerings, and we sincerely thank you for choosing our platforms for your needs. We’re committed to delivering exceptional content and services, and we greatly value your support. To ensure a clear understanding between us and to enhance your experience, we kindly ask that you familiarize yourself with our User Agreement before you dive into our website, app, or any of our services.
PLEASE PAY CLOSE ATTENTION TO THIS USER AGREEMENT (“AGREEMENT“), WHICH FORMS A BINDING LEGAL CONTRACT BETWEEN YOU (“USER“) AND GICANDO Technology Co., Ltd., OR ITS RELEVANT AFFILIATE CONDUCTING BUSINESS AS “Gicando” (“COMPANY,” “WE,” OR “US“).
When you utilize any of our websites that link to this Agreement (“Website“), use any applications that link to this Agreement (“App,” collectively with the Website, referred to as the “Properties”), register an account, or engage with any offerings, information, services, features, or resources available through the Properties (altogether, the “Services“), or when you click a button or take a step to show you accept this Agreement, you are: (1) agreeing to adhere to this Agreement and any changes or updates to this Agreement made available through the Services; (2) confirming that you are of the legal age to create enforceable contracts in your place of residence; and (3) affirming that you have the right to enter into this Agreement personally, or if applicable, on behalf of any entity you represent. Should you not agree to this Agreement, you are not permitted to access or use the Services.
Your interaction with the Services is also bound by any additional guidelines, usage terms, conditions, and policies that we post separately on the Services (“Supplemental Terms“), which are considered an integral part of this Agreement. Additionally, certain specialized tools and features offered through our Services are governed by Third-Party Terms of Service provided by external companies (“Third-Party Terms”). Your use of such third-party tools and features means you also agree to abide by the relevant Third-Party Terms.
In accordance with Section 5.9 of this Agreement, the Company retains the right to alter this Agreement or its Service-related policies at any time, with changes taking effect once an updated version of this Agreement or any relevant Supplemental Terms is posted on the Services. We encourage you to regularly review this Agreement. By continuing to use the Services after any modifications, you accept and agree to those changes.
1. Account Registration and Additional Services
1.1 Account Information. When you sign up or create an account for any of our Services, which may include magazine subscriptions or other types of access (“Account”), you commit to supplying truthful, up-to-date, and comprehensive details (“Registration Information”). If there’s any change to your Registration Information, such as a name change, changes in payment methods, email, or home address, you agree to update your information promptly. If you are prohibited from utilizing the Services by law or by our Company guidelines, you are not permitted to create an Account. Additionally, you are not allowed to hold multiple Accounts for the same service provided by our Company at any one time. You are responsible for all the activities conducted through your Account. You agree to keep your Account credentials confidential and not share them with anyone else. Should there be any unauthorized use of your password or any other security breaches concerning your Account, you agree to notify our Company immediately.
1.2 Service Subscriptions. If you opt into a recurring subscription for a Company publication or service, you agree to maintain up-to-date payment and contact details to ensure uninterrupted service and billing. Should there be an issue charging your chosen payment method, we may attempt to update your payment details through your bank or card association. Subscriptions made via the Services are subject to the subscription terms presented at the time of sign-up, which are considered part of this Agreement unless stated otherwise.
1.3 Sponsored and Affiliate Content. Some sections of the Services might feature content that directs you to third-party websites through links, from which our Company might receive compensation when you click or make a purchase. As further detailed in Section 3.4, by following these links, you acknowledge that you’re leaving our Company’s domain and entering a site not under our control.
1.4 Opportunity for Third-Party Services. Certain Service features may give you the chance to be approached by third-party vendors for specific services. By submitting your contact details for these features, you give explicit consent to be contacted by these third parties and understand that our Company bears no obligation or liability for any products, quotations, or services provided by these third parties.
1.5 Promotions and Competitions. All promotions, competitions, and similar activities offered through the Services are regulated by the official rules relevant to each event, which are integrated into this Agreement by reference unless indicated otherwise.
1.6 Account Termination. Our Company retains the authority to delete or reclaim any usernames at any time for any reason. You acknowledge that you have no ownership or proprietary rights to your Account, which remains the sole property of the Company.
1.7 Privacy Practices of the Company. The collection, usage, and protection of your Registration Information and any other data provided by you or gathered by our Company are described in our Privacy Policy, which is hereby included by reference into this Agreement.
2. User-Generated Content
2.1 Content Accountability. You acknowledge and agree that you are solely responsible for any content you post, display, or share using the Services, except for material provided by the Company. This means that you, as a User, bear full responsibility for all content that you contribute to the Services, or furnish to the Company, regardless of the format, including online or offline, and whether or not solicited by the Company (“User Content“). User Content encompasses any ideas, feedback, documents, or proposals you submit to the Company. The Company is not obliged to monitor User Content before it goes live. You commit to interacting with User Content and other Users at your own risk. The Company retains the right, but not the obligation, to monitor, evaluate, decline, or eliminate any content at its discretion. The Company has the authority to remove any content that breaches this agreement or is deemed objectionable by the Company. The Company may disclose information as needed to comply with legal, regulatory, or governmental requests or may edit, withhold posting, or eliminate any information or materials, either in whole or in part, that it deems objectionable or in breach of this agreement, Company policies, or the law.
2.2 Rights to Your Content. The Company does not claim ownership over User Content you provide on the Services (“Your Content“). When you, as a User, post or publish Your Content on the Services, you assert that you hold all necessary rights to bestow upon the Company the license outlined in Section 2.3. Apart from Your Content, you accept that you have no claim or ownership over other content showcased on the Services.
2.3 License Grant for Your Content. Based on the Account settings you choose or the license agreement you may consent to when offering Your Content on or through the Services, you endow the Company, its agents, suppliers, and those authorized by the Company, a perpetual, non-revocable, non-exclusive, global, royalty-free license to use, reproduce, exhibit, perform publicly, transmit, amend, publish, distribute, create derivative works from, sublicense, and otherwise exploit Your Content, either in full or in part, in any existing or future medium (including print and electronic repositories) and for any purpose. This grant includes the right to utilize any intellectual property rights in Your Content, such as copyright, trademark, trade secret, patent, or other intellectual property laws applicable in any jurisdiction, along with a renunciation of any “moral rights” in Your Content. In the course of these rights, you also permit the Company, and those authorized by the Company, to credit you as the creator of Your Content by your name, email, or username as they see fit. You shall not be entitled to any monetary compensation for the use of Your Content. Please be aware that Your Content submitted to any “public” areas of the Services may be searched, viewed, used, modified, and reproduced by other Users. Therefore, you should exercise caution and discretion when disclosing personal or sensitive information in any public sections of the Services.
2.4 Reviews and Evaluations. Opinions and assessments by Users on our Services are forms of User Content not endorsed by the Company and do not reflect the Company’s views. To the maximum extent permitted by law, the Company disclaims liability for any claims of financial loss resulting from such User Content. We expect Users to uphold high standards of integrity regarding postings on the Services, and you agree to: (a) base any reviews on your own direct experiences; (b) avoid reviewing any business, product, or service that you have a competitive interest in or connection to; (c) not submit reviews in exchange for payment or other incentives; and (d) ensure your reviews abide by the terms of this Agreement. Should we believe any review undermines the credibility of the review system or contravenes this Agreement, we reserve the right to exclude or delete such content at our sole discretion without notice.
2.5 Conduct Limitations. You agree not to engage in activities using the Services that are forbidden by this Agreement or by applicable law. You shall not, nor permit others to, (a) take any action or (b) introduce content on or through the Services that: (i) violates intellectual property rights; (ii) is illegal, menacing, abusive, harassing, slanderous, deceptive, fraudulent, privacy-invasive, tortious, obscene, vulgar, or indecent; (iii) constitutes unsanctioned or unsolicited promotion, spam, or any other form of solicitation; (iv) involves commercial activities and/or sales without prior written consent from the Company, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity; or (vi) breaches any additional Company rules or regulations posted in connection with specific Services features. You are solely accountable for the repercussions of your actions and the content you post.
3. Rights and User License Agreement for Service Access
3.1 Access to Services. The Company, along with its suppliers, is the rightful owner or licensee of all necessary rights, titles, and interests in the Services, excluding any content provided by users. Globally recognized copyright and other intellectual property laws safeguard the Services. Under the terms of this Agreement, the Company authorizes you to utilize the Services for your individual, non-commercial intentions. This Agreement will govern any forthcoming enhancements, updates, or expansions to the Services. The Company, its suppliers, and its service providers retain any rights not expressly granted here.
3.2 Trademarks. The distinctive name of the Company and its associated trademarks, logos, service marks, and trade names utilized in connection with the Services are the Company’s intellectual property and cannot be used with any non-associated products or services without explicit authorization. Other trademarks and service marks appearing within the Services belong to their respective owners. You agree not to tamper with or conceal any copyright notices or other proprietary marks included in or with the Services.
3.3 Usage Restrictions. You are prohibited from engaging in the following activities:
(a) Offering licenses, sales, or rentals, or otherwise commercially exploiting the Services;
(b) Enclosing any Company trademarks or Services using framing techniques;
(c) Utilizing hidden texts with the Company’s name or trademarks;
(d) Altering or creating derivative works from the Services, except as permitted by law;
(e) Using automated systems to extract data from the Services, except for public search engine operators under certain conditions;
(f) Employing data from the Services to create software, including AI systems;
(g) Creating competing services using the Services;
(h) Copying or reproducing parts of the Services not explicitly allowed by this Agreement;
(i) Infringing on copyright or proprietary rights within the Services;
(j) Violating applicable laws through the use of the Services;
(k) Unauthorized access to other systems via the Services;
(l) Disrupting the Services’ functionality;
(m) Compromising the integrity of the Services or hindering other users’ enjoyment.
Violation of these terms may result in immediate termination of the licenses granted.
3.4 External Links. The Services may include links to external resources like websites, applications, or advertisements (“Third-Party Links“). Your engagement with Third-Party Links is at your own risk, and the Company is not responsible for their content or reliability.
3.5 Video Embedding. The Services may allow you to embed videos on other websites (“Embedded Video“). By using this feature, you agree to maintain the integrity of the Embedded Video and acknowledge that all metrics associated with the Embedded Video access and viewing will be attributed to the Company. You also agree to indemnify the Company against all claims arising from your use of the Embedded Video.
4. Responsibility Protection and Limits to Liability
4.1 Duty to Defend. You commit to defend and keep the Company—along with its parent entities, subsidiaries, affiliates, and their respective officials, directors, employees, agents, representatives, partners, suppliers, and licensors (jointly referred to as the “Company Parties”)—shielded from any harm, loss, expenses, liabilities, and charges (including reasonable legal fees and costs) tied to or arising from allegations related to: (a) your Content infringing on any third-party rights, including intellectual property; (b) your inappropriate use of the Services; (c) breaches of this Agreement by you; (d) your infringement on another party’s rights, including other Users; or (e) your non-compliance with laws, regulations, or rules. The Company retains the authority to assume full defense and manage any matter otherwise subject to your indemnification, at no cost to you, where you will be expected to cooperate with the Company in defending against such claims.
4.2 No Warranty Acknowledgment. You explicitly acknowledge and consent that your engagement with the Services and any products accessed through the Services is at your own discretion and risk. The Services and products are furnished on an “AS IS” and “WHEN AVAILABLE” basis, inclusive of faults. To the maximum extent permitted by law, the Company Parties fully renounce all warranties, affirmations, and conditions, whether explicit or implied, including any warranties regarding availability, playability, displayability, accuracy, completeness, or utility of the Services or its content, and implied warranties of marketability, suitability for a specific use, ownership, and non-infringement resulting from the use of the Services and Products. The Company Parties do not assume responsibility for promptness, removal, misdelivery, or the failure to store any content, user communications, or personalized settings. The Company Parties provide no warranty that: (a) the Services or products will cater to your needs, or (b) your use of the Services will be uninterrupted, timely, secure, or error-free.
Use of any data or information obtained from our products or Services is at your sole risk. You alone are accountable for any resultant damage or loss. Our products and Services are offered with the understanding that neither the Company nor its users are providing legal, medical, counseling, or other forms of professional advice. For professional evaluations or advice, please consult with an expert in the relevant field.
Some jurisdictions do not permit the exclusion of implied warranties, and, if such laws are applicable to you, you may have supplementary rights beyond the disclaimers, exclusions, and limitations outlined here.
4.3 Limitation on Recoverable Damages. To the extent the law allows, the Company Parties will not be accountable for lost profits or revenue, or for indirect, incidental, punitive, exemplary, special, or consequential damages, or charges or costs due to loss of data, production, or use, business interruption, or the expenses for substitute goods or services, even if the Company has been advised of the possibility of such damages.
4.4 Liability Cap. The Company Parties’ total liability to you will not exceed the greater of: (a) the total amount you have paid to the Company in the twelve months preceding the claim, or (b) one hundred dollars ($100). This liability cap will not apply to a Company Party’s liability for death, tangible property damage, or personal injury caused by its gross negligence, or for any harm caused by its fraud or fraudulent misrepresentation.
4.5 Agreement Foundation. The damage limitations outlined here are essential elements of the foundation of the agreement between the Company and you regarding your use of the Services.
4.6 Legal Exclusions. The laws of certain states do not permit the exclusion or limitation of certain damages. If these laws are applicable to you, you may not be subject to all of the above disclaimers, exclusions, and limitations and may have additional rights.
4.7 Continuity of Terms. These terms, specifically this section, will continue to be in effect even after your Account, this Agreement, or your access to the Services has been terminated.
5. General Provisions
5.1 Disclaimer. The content provided through our Services is intended solely for informational purposes and is offered on an “as is” basis, to be used at your own risk. Our company does not warrant the accuracy, quality, or completeness of this content and will not be accountable for any errors, omissions, or inaccuracies found within it, nor for any reliance placed on this content by users. It is the user’s responsibility to ensure the information’s suitability for their personal use.
5.2 Termination. The company reserves the right, at its sole discretion, to alter, suspend, or discontinue the Services, or to modify, suspend, or terminate your access to the Services, without any obligation to provide notice, and will not be liable for any consequences that may affect you or any third party. We also reserve the right to take any appropriate legal action, including civil, criminal, or injunctive relief, should it be necessary.
5.3 Copyright Claims Procedure. Should you believe that any content on our Services infringes upon your copyright, please contact our Copyright Agent with the following details: (1) a valid signature of the individual authorized to act on behalf of the copyright owner; (2) a clear description of the claimed copyright infringement; (3) the location of the infringing material within our Services; (4) your contact information, including address, phone number, and email; (5) a declaration of your belief, in good faith, that the use of the material in question is not authorized by the copyright owner, its representatives, or the law; and (6) your sworn statement, under penalty of perjury, that the provided information in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf. Email to [email protected]. Our company maintains a strict policy to terminate the Service privileges of users who are repeat copyright infringers.
5.4 Electronic Communications. All communications with our company, whether you are accessing the Services or sending us emails, or whether notices are provided by us on the Services or through email, are electronic. For contract purposes, you consent to receive communications from us electronically and acknowledge that all agreements, notices, disclosures, and other forms of communication that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your statutory rights are not affected by this.
5.5 Notice. You must provide a valid email address to receive notices and for other communication purposes. If the last email address you provided is not valid or cannot receive the notices required or permitted by this Agreement, the sending of an email containing the notice will still constitute effective notice.
5.6 Governing Law and Jurisdiction. This Agreement and any dispute arising from its terms will be governed and interpreted by the laws of the State of New York, excluding any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is not applicable. Both parties agree exclusively to the jurisdiction of the state courts in New York County, New York, or the federal courts in the Southern District of New York for any litigation permitted under this Agreement.
5.7 International Use. The Services are operated by our company from the United States of America and we make no representation that they are suitable for use in other countries. Access to the Services from jurisdictions where such access is illegal is prohibited, and those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
5.8 Export Control. The Services may not be used, exported, imported, or transferred in violation of U.S. laws or the laws of the jurisdiction in which you obtained them. Specifically, the Services may not be exported or re-exported to any countries that are subject to U.S. embargo or to any individuals on U.S. government lists of prohibited parties. By using the Services, you confirm that you are not in a restricted country or on any such list.
5.9 Entire Agreement. This Agreement is the complete and exclusive statement of the agreement between the parties regarding its subject matter, supplanting all previous discussions. The failure to enforce any provision at any time does not waive our right to enforce it in the future. Should any part of this Agreement be deemed unenforceable, it will be modified to reflect the parties’ intent as closely as possible, while the remainder will remain in force. The company is not responsible for delays or failures to perform due to external factors beyond its reasonable control. This Agreement, and your rights and obligations herein, may not be transferred by you without our prior written consent, and any attempt to do so without consent is void.
5.10 Inquiries and Permissions. For any questions, complaints, or claims regarding the Services, please reach out to our customer service as listed on the Services. We are committed to addressing your concerns. For permission requests regarding usage and/or reprints, please contact [email protected].
