Terms & Conditions
ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
Amendments to this Agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the site reflects the latest Agreement and you should carefully review the same before you use any part of our site or any content or any tools or any services.
This Agreement will remain in full force and effect while accessing this site or using any part of the site or any content or any tools or any services. You may terminate your account or use at any time for any reason. We may terminate your account for any reason at any time. Even after your account is terminated, certain sections of this Agreement or Terms and Conditions will remain in effect.
Use of the Site
You are prohibited to do the following acts, to wit: (a) use our sites, including its services, tools, or content if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites, services, tools, and content; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content.
For you to complete the sign-up process in our site, you must provide your full legal first name and last name, current address, a valid email address, member name, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties accessing this site or using any part of the site or any content or any tools or any services shall be subject to this Agreement.
Illegal or unauthorized uses of the services, including unauthorized framing of or linking to the sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat, or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
WARRANTY DISCLAIMER, EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the program or any products sold through the program (including, without limitation, warranties of fitness, merchantability, or any implied warranties arising out of a course of performance or usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, sites, tools, products, programs, softwares, or documentations, or create or attempt to create a substitute or similar service or product through use of or access to the programs or proprietary information related thereto.
Gestures, Inc. or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Gestures, Inc. or any of its employees or contractors. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Gestures, Inc.’s products or marketing strategies might seem similar to ideas submitted by others. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
You agree that: (1) your submissions and their contents will automatically become the property of Gestures, Inc., without any compensation to you; (2) Gestures, Inc. may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Gestures, Inc. to review the submission; and (4) there is no obligation to keep any submissions confidential.
Gestures, Inc. does, welcomes your feedback regarding many areas of Gestures, Inc.’s existing business. If you want to send us your feedback, and we hope you do. Please provide only specific feedback on Gestures, Inc.’s existing services, existing sites, existing tools, existing products, existing programs, existing softwares, existing documentations, or existing marketing strategies; do not include any ideas that Gestures, Inc.’s policy will not permit it to accept or consider. It’s just one more way that Gestures, Inc. can learn how to best satisfy your needs.
We greatly appreciate your interest in Gestures, Inc.! If you are a lawyer who is also a alpha tester or beta tester, you are granted access to the software, free of charge during the alpha testing or beta testing period in exchange for your compliance with this Agreement.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers, and forum members. All information submitted to by you pursuant to existing services, existing sites, existing tools, existing products, existing programs, existing softwares, existing documentations, or existing marketing strategies is proprietary information of Gestures, Inc..
ALPAH TESTER OR BETA TESTER AND ALPHA TESTING OR BETA TESTING
As product feedback during alpha testing or beta testing is key, you agree it is confidential information belonging to Gestures, Inc., you agree not to disclose the existence of the software or any comments regarding software to any third party, other than clients or potential clients that are using or are anticipated to use the software for its intended purpose, without the prior written approval of Gestures, Inc. You will maintain the confidentiality of software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Of course, you will not be liable for the disclosure of any confidential Information which is: (a) in the public domain other than by a breach of this Agreement on your part; or (b) rightfully received from a third party without any obligation of confidentiality; (c) rightfully known to your ￼without any limitation on use or disclosure prior to its receipt from Gestures, Inc; or (d) generally made available to third parties by Gestures, Inc. without restriction on disclosure. Moreover, you will not share information about, or screenshots of, the software that we provide you to any other party for any reason. Any registration information you receive will be used by you and you alone and never shared or distributed.
MODIFICATION, DUPLICATION, AND PUBLICATION PROHIBITED
Except as otherwise specifically permitted in this Agreement, You may not: (a) modify or create any derivative works of any services, sites, tools, products, programs, softwares, or documentations, including translation or localization (code written to published APIs or application programming interfaces for the software shall not be deemed derivative ￼works; (b) copy the software; (c) separate the software, which is licensed as a single product, into its component parts; (d) sublicense or permit simultaneous or other use of the software by another except clients who have themselves accepted this Agreement; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the software; (f) redistribute, encumber, sell, rent, lease, sublicense, use the software in a timesharing or service bureau arrangement, or otherwise transfer rights to the software; (g) transfer the software under any circumstances; (h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the software; or (i) publish any results of any tests run on any software to a third party; (j) publish any data, including but not limited to charts, graphs, diagrams, source code, code logic, screen shots, images or other information about the functions, processes, procedures or operation of the software other than what is already publicly available.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the Gestures, Inc. to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
ENTIRE AGREEMENT OF TERMS AND CONDITIONS
This Agreement shall be governed by and construed in accordance with the substantive laws of Texas, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the site, the contents and materials provided by or through the site, and the subject matter of this Agreement.
Severability of Terms and Conditions
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Choice of Law, Jurisdiction, and Forum
Any dispute, controversy, or difference which may arise between the parties out of, in relation to or in connection with this Agreement or any provision of these Terms and Conditions is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Texas, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Attorney Fees and Expenses
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement or any provision of these Terms and Conditions, the prevailing party shall have the right to collect from the other party its reasonable attorneys’ fees and costs and necessary expenditures.