Welcome to Giter.pl. The Giter.pl service is operated by company Giter.pl (‘Giter.pl’), and consists of the Giter.pl Web sites and other features and services offered by Giter.pl and its corporate affiliates in connection with the sites. Giter.pl may be accessed through the Internet and through WAP services provided by certain mobile network providers. By accessing or using the Giter.pl Service, you signify that you have read the following terms and conditions (the ’Terms of Service’) and accept and agree to be bound by them, whether or not you register with Giter.pl. Where applicable under law, these Terms constitute a ’writing signed by you.’
STANDARD PROFILE: Profile is visible for users friends only. Users photos and users friends are visible only by the user. Users files are visible for everyone*.
DATING PROFILE: Profile is visible for users friends only. Users photos and users friends are visible only by the user. Users files are visible for everyone*.
COMPANY PROFILE: Profile is entirely public and open to everyone.
*In Giter.pl users files are ALWAYS public and this options cannot be changed.
Remaining options can be changed by the user at any time.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE GITER.PL SERVICE. YOUR CONTINUED USE OF THE GITER.PL SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
By registering for the Giter.pl Service, you represent and warrant that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Giter.pl member (’Member’), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Use or membership with the Giter.pl Service is void where prohibited.
The Giter.pl Service is made available for your personal, non-commercial use only. You may not use the Giter.pl Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (’Materials’) that you submit, post, and display on the Giter.pl Service.
We may, but shall have no obligation to, remove or limit access to Materials originating from any Giter.pl user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Giter.pl have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of the Giter.pl Service, including disk space granted to every user for user's files .
Giter.pl reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Giter.pl Service. By way of example, and not as a limitation, you agree NOT to:
Giter.pl does not claim any ownership rights in any Materials that you submit, post, or display on or through the Giter.pl Service. After submitting, posting or displaying Materials on or through Giter.pl or the Giter.pl Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Giter.pl Service, you hereby grant to Giter.pl and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the Giter.pl Service or the promotion thereof.
Without this license, Giter.pl would be unable to provide the Giter.pl Service. For example, without the right to modify your Materials, Giter.pl would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Giter.pl could not allow users and Members to listen to music posted by Members. The license you grant to Giter.pl is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Giter.pl), fully-paid and royalty-free (meaning that Giter.pl is not required to pay you for the use on the Giter.pl Service of the Materials that you post), sub licensable (so that Giter.pl is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Giter.pl Service), and worldwide (because the Internet and the Giter.pl Service are global in reach). This license will terminate at the time you remove your Materials from the Giter.pl Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Giter.pl Service, Giter.pl reserves the right to remove all of your Materials from other Member's pages. The license does not grant Giter.pl the right to sell your Materials You represent and warrant that: (i) you own the Materials posted by you on or through the Giter.pl Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Giter.pl Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Giter.pl Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.
Giter.pl and its affiliates and licensors own and retain all rights in the Giter.pl Web site and Giter.pl Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Giter.pl Service by Giter.pl. Except as expressly authorized by Giter.pl, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Giter.pl's proprietary information. Giter.pl is the owner of the 'Giter.pl' and 'Giter.pl.com' marks, among others.
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Giter.pl Privacy Policy.
Information collected in connection with your use of the Giter.pl Service may be processed and stored in the United Kingdom, or other countries where Giter.pl or its parent, affiliates, subsidiaries or service providers maintain facilities. If you live outside the United States and use Giter.pl, you expressly consent to the transfer to the United Kingdom of the personal information you provide Giter.pl, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your Giter.pl user name to authenticate you on any service provided by Giter.pl or its affiliates.
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Giter.pl respects the intellectual property rights of others and reserves the right to terminate any user's access to the Giter.pl Service according to these terms of use if Giter.pl is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) statement that you have identified material on the Giter.pl Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Giter.pl Service (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to us- Copyright Notice
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Giter.pl. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Giter.pl in bad faith.
If you believe that any material that you have uploaded on to the Giter.pl Service has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Giter.pl has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Giter.pl with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to us- Counter notice
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Giter.pl. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Giter.pl in bad faith.
Giter.pl shall not be responsible for any connection or access to the Giter.pl Service by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Giter.pl Service via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Giter.pl shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Giter.pl Service via WAP.
These Terms of Service will apply to your use of the Giter.pl Service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Giter.pl Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Giter.pl may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Giter.pl Service, or any part thereof, with or without notice. You agree that any termination of access to the Giter.pl Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Giter.pl may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Giter.pl Service. Where possible, Giter.pl will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Giter.pl Service. Further you agree that Giter.pl shall not be liable to you or any third party for any termination or suspension of access to the Giter.pl Service or modification of the Giter.pl Service.
Giter.pl and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'Giter.pl and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the Giter.pl Service.
Giter.pl and its Affiliates further expressly disclaims (1) that the Giter.pl Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Giter.pl Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Giter.pl Service or the content made available as part of the Giter.pl Service will be correct, accurate, timely, or otherwise reliable.
Giter.pl and its Affiliates expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Giter.pl Service input by other Members is correct or accurate.
GITER.PL, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE GITER.PL SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE GITER.PL SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. GITER.PL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU AGREE THAT YOUR USE OF THE GITER.PL SERVICE IS ENTIRELY AT YOUR OWN RISK.
You agree to hold harmless and indemnify, and at Giter.pl's request defend, Giter.pl, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Giter.pl Service, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Giter.pl will provide you with written notice of such claim, suit or action.
YOUR USE OF THE GITER.PL SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL GITER.PL, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE GITER.PL SERVICE, WHETHER OR NOT GITER.PL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GITER.PL SERVICE, FROM INABILITY TO USE THE GITER.PL SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GITER.PL SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE GITER.PL SERVICE OR ANY PART OF THE GITER.PL SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GITER.PL SERVICE AND ITS RELATED WEBSITE.
Giter.pl may provide you with notices regarding the Giter.pl Service or these Terms of Service by regular mail, email, or postings to this Web site.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Giter.pl Service.
Giter.pl reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Giter.pl Service, Giter.pl users, and the rights and property of Giter.pl and its affiliates.
Last Updated: July 8, 2010