Important notice about copyright infringement
Downloading D1FFER does not give you license to obtain or share unauthorized or copyrighted materials. Do not download this program if you intend to use it for copyright infringement.
IMPORTANT - PLEASE READ CAREFULLY
Before reading the articles below, please be sure to note the following preliminary clauses. Certain terms specified in Article 1 below are used in these clauses.
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between D1FFER and You, as a user, for the use of the D1FFER Software. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the Software. Furthermore, by installing and (continuously) using the Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by D1FFER to show Your approval of any foregoing texts and/or to download and install the Software, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Software is allowed.
In any case, you must be 13 years of age or older to download, install or use the Software.
Article 1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 D1FFER: The company established under the laws of France.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by downloading, installing and (continuously) using the Software.
1.4 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Software, the Website or the D1FFER Promotional Materials.
1.5 D1FFER Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by D1FFER for the promotion of its company, its products and activities.
1.6 Software: the D1FFER software distributed by D1FFER to exchange files over the internet, including without limitation the user interface, as well as any future programming fixes, updates and upgrades thereof.
1.7 Website: any and all elements and contents of the D1FFER website available - among other URL's - under the URL www.gigatribe.com, from which website the Software can be downloaded.
1.8 You: you, the end user of the Software, also used in the form "Your" where applicable.
Article 2. License and Restrictions
2.1 License. Subject to the terms of this Agreement, D1FFER hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on Your computer or PDA, for the sole purpose of internet file exchange and any other applications that may be explicitly provided by D1FFER.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software.
2.4 New Versions of the Software. D1FFER, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. You acknowledge and agree that D1FFER has no obligation to make available to You any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Software. Furthermore, you acknowledge and agree that D1FFER, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the Software, or terminate any license hereunder, at any time. D1FFER also may suspend or terminate any license hereunder and disable any Software You may already have accessed or installed without prior notice at any time.
Article 3. Exceptions to License Restrictions
3.1 Exceptions. If You are interested in doing anything else than permitted under this Agreement, You will have to obtain D1FFER's written consent and agree on any further (commercial) terms.
Article 4. Permission to Utilize
4.1 Permission to utilize Your computer. In order to receive the benefits provided by the Software, you hereby grant permission for the Software to utilize the processor and bandwidth of Your computer for the limited purpose of chating or exchanging files between You and other Software users.
Article 5. Confidentiality and Privacy
Article 6. IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of D1FFER. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or D1FFER's rights and ownership thereof.
Article 7. Your Use of the Software
7.1 Use of the software. Installing Software enables You to chat and exchange files with other Software users.
7.2 No Warranties. D1FFER cannot guarantee that You will always be able to use the D1FFER Software, nor can D1FFER guarantee that You can exchange files without disruptions, delays or other communication-related flaws. Shalsof will not be liable for any such disruptions, delays or other problems in any transfers experienced when using the D1FFER Software.
7.3 No Control. You acknowledge and understand that D1FFER does not control, or have any knowledge of, the content of any chat message nor file exchanged by the use of the D1FFER Software. The content of the chat messages and of the transferred files is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. D1FFER will not be liable for any type of content spread by means of the Software.
7.4 Lawful purposes. You acknowledge and agree to use the D1FFER software solely for lawful purposes. In this respect, you may not:
(a) download, or provide access to, any content protected by copyright laws, (b) exchange illegal content (racist or pedophilic materials, for example). Any account that violates these rules will be terminated.
Article 8. Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either D1FFER or You as set forth below.
8.2 Termination by D1FFER. D1FFER may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Software.
8.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in Article 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Software shall terminate, and (b) will cease any and all use of the Software, and (c) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession or under Your control.
Article 9. Your Representations and Warranties Indemnification of D1FFER
9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software.
9.2 Indemnification. You agree to indemnify, defend and hold D1FFER, its Affiliates and the D1FFER Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Software, (d) transfer of a file with the Software.
Article 10 Disclaimer of Warranties
10.1 No warranties. THE SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER D1FFER DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. D1FFER FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES D1FFER WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSFERS MADE THROUGH THE SOFTWARE.
10.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Software remains with You, to the maximum extent permitted by law.
10.3 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
Article 11. Limitation of Liability
11.1 No Liability. The Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT D1FFER, ITS AFFILIATES AND THE D1FFER STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability. IN NO EVENT SHALL D1FFER, ITS AFFILIATES OR THE D1FFER STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF D1FFER, ITS AFFILIATES OR THE D1FFER STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF SUCH SOFTWARE.
11.4 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
Article 12. General Provisions
12.1 New versions of the Agreement. D1FFER reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Website. Your continued use of the Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and D1FFER with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of D1FFER any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by D1FFER.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of France without giving effect to the conflict of laws or provisions of France or Your actual state or country of residence.
12.7 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of France sitting in Paris.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO D1FFER THE RIGHTS SET FORTH HEREIN.
Last revised: September 2012.
D1FFER may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable D1FFER to identify you. The types of non-personal data D1FFER may collect and use include, but are not limited to: (i) device properties, including, but not limited to Media Access Control ("MAC") address and unique device identifier or other device identifier ("UDID"); (ii) device software platform and firmware; (iii) Internet Service Provider; (iv) geographical data such as zip code, area code and location; (v) number and volume of files shared; (vi) other non-personal data as reasonably required by D1FFER to enhance the Services and other D1FFER products and services.
D1FFER may use and disclose to D1FFER's partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other D1FFER services and products.
Likely situations when you make personal data available to D1FFER include, but are not limited to: (i) registration for Services; (ii) accessing Services using a third party ID, such as social networking sites; (iii) subscribing to newsletters; (iv) purchasing a product or services through D1FFER's online stores; (v) using "tell a friend," "email this page," or other similar features; (vi) requesting technical support; and (vii) otherwise through use of D1FFER Services where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data D1FFER may collect, process and use may include, but are not limited to your name, screen/nick name, D1FFER Services' or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise D1FFER treats location as non-personal data).
D1FFER may use your personal data to send messages to you with informative and/or commercial content about D1FFER's services or third party products and services D1FFER thinks may be of interest to you, such as new features and services, special offers and updated information. Should you wish opt-out from receiving communications (such as newsletters or offers) from D1FFER, please go to www.gigatribe.com
Files exchanged with the D1FFER software or the GigaRunner Software (together Softwares) are protected by the secrecy of correspondence. D1FFER does not collect any information about those files, except their size to monitor the bandwidth usage.
How does D1FFER use this information and for what purpose?
Our primary purpose in collecting data is to provide you with a safe, smooth, efficient, and customized experience. D1FFER collects and processes personal data relating to you, as permitted or necessary to:
- provide file exchange services;
- take, process or deliver orders made via our websites, invoice you;
- provide you with customer support and troubleshoot problems;
- compare information for accuracy;
- inform you about service updates and faults;
- verify your identity;
- customize, measure, and improve D1FFER software, our products and websites content and layout;
- deliver targeted advertising;
- organise and carry out D1FFER's marketing or promotional operations/offers, contests, games and similar events;
- protect your and D1FFER interests, including in particular to enforce our Terms of Service and fight against fraud;
(together, the Purposes).
Disclosure and Transfer of Personal Data
D1FFER may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. D1FFER has the right to share your personal data as necessary for the aforementioned third parties to provide their services for D1FFER. D1FFER is not liable for the acts and omissions of these third parties, except as provided by mandatory law.
D1FFER may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation or other activity that is illegal or may expose you or D1FFER to legal liability. D1FFER may also disclose your personal data to third parties when D1FFER has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with D1FFER's rights, property, operations, users or others who may be harmed or may suffer loss or damage, or D1FFER believes that such disclosure is necessary to protect D1FFER's rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on D1FFER. To the extent permitted by applicable law, D1FFER will make reasonable efforts to notify you of such disclosure through D1FFER's website or in another reasonable manner.
Data Retention and Correctness
D1FFER may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce D1FFER user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
Cookies, beacons and tracking
The Services may use "cookies" and other technologies such as pixel tags, clear GIFs and web beacons. D1FFER treats information collected by cookies and similar technologies as non-personal data.
E-mails and other electronic communications D1FFER sends to you may contain code that enables D1FFER to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). D1FFER may combine that information to other information D1FFER has about you and D1FFER may use that information to improve the Services and/or provide customized communications to you.
Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to on-line stores, social networking services and payment providers. You recognize and agree that D1FFER is not liable for any such third party terms and conditions and their use of your personal data.
D1FFER may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by D1FFER. D1FFER is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that D1FFER is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
D1FFER is not responsible for any personal data you choose to make public in any forums or third party social networks.
If you are under 15 years of age or a minor in your country of residence, please ask your legal guardian's permission to use or access the Services. D1FFER takes children's privacy seriously, and encourages parents and/or guardians to play an active role in their children's online experience at all times. D1FFER does not knowingly collect any personal information from children below the aforementioned age and if D1FFER learns that D1FFER has inadvertently gathered personal data from children under the aforementioned age, D1FFER will take reasonable measures to promptly erase such personal data from D1FFER's records.
Services have been registered at the Commission Nationale de l'Informatique et des Libertés (CNIL) (National Commission for Information Technology and Civil Liberties).
CNIL Agreement Number : 1160855
Any and all use of your personal data by D1FFER is governed by French law and not the laws where you may be located.
D1FFER makes good faith efforts to enable you to review, update, correct or delete your personal data in D1FFER‘s possession. In order to do so, please contact D1FFER at email@example.com. D1FFER will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Requests will be processed as soon as possible. Please note that even if personal data is changed or deleted according to your request, D1FFER may still retain some of your personal data to resolve disputes, enforce D1FFER user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of D1FFER Services.