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Gab EULA - January 2nd, 2017

WilliamWelna Jan 4th, 2017 195 Never
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  1.  
  2. One last step.
  3. We have updated our EULA & Community Guidelines. Please carefully read the End-User License Agreement (EULA) and Community Guidelines sections below. Please review them in their totality before clicking or tapping the “I Accept” button. By clicking or tapping the “I Accept” button, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click or tap on the “I Accept” button and do not download or use the Application in any way.
  4.  
  5. End-User Licence Agreement
  6. Last updated: January 2nd, 2017
  7.  
  8. Please read this End-User License Agreement (EULA) ("Agreement") carefully before clicking the "I Accept" button, downloading or using Gab ("Application").
  9.  
  10. By clicking the "I Accept" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Gab AI Inc and it governs your use of the Application made available to you by Gab AI Inc. If you do not agree to the terms of this Agreement, do not click on the "I Accept" button and do not download or use the Application. The Application is licensed, not sold, to you by Gab AI Inc for use strictly in accordance with the terms of this Agreement.
  11.  
  12. Licence
  13. Gab AI Inc grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
  14.  
  15. Restrictions
  16. You agree not to, and you will not permit others to:
  17.  
  18.     license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  19.     copy or use the Application for any purpose other than as permitted under the above section 'License'.
  20.     modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  21.     remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Gab AI Inc or its affiliates, partners, suppliers or the licensors of the Application.
  22.  
  23. Intellectual Property
  24. The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Gab AI Inc.
  25.  
  26. Your Suggestions
  27. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Gab AI Inc with respect to the Application shall remain the sole and exclusive property of Gab AI Inc. Gab AI Inc shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
  28.  
  29. Modifications to Application
  30. Gab AI Inc reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
  31.  
  32. Updates to Application
  33. Gab AI Inc may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Application. You agree that Gab AI Inc has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
  34.  
  35. Third-Party Services
  36. The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
  37.  
  38. You acknowledge and agree that Gab AI Inc shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Gab AI Inc does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
  39.  
  40. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
  41.  
  42. Privacy Policy
  43. Gab AI Inc collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at https://gab.ai/about/privacy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
  44.  
  45. Term and Termination
  46. This Agreement shall remain in effect until terminated by you or Gab AI Inc.
  47.  
  48. Gab AI Inc may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
  49. This Agreement will terminate immediately, without prior notice from Gab AI Inc, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
  50.  
  51. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
  52.  
  53. Termination of this Agreement will not limit any of Gab AI Inc's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
  54.  
  55. Indemnification
  56. You agree to indemnify and hold Gab AI Inc and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
  57.  
  58. No Warranties
  59. The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Gab AI Inc, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Gab AI Inc provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  60.  
  61. Without limiting the foregoing, neither Gab AI Inc nor any Gab AI Inc's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Gab AI Inc are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  62.  
  63. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
  64.  
  65. Limitation of Liability
  66. Notwithstanding any damages that you might incur, the entire liability of Gab AI Inc and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
  67.  
  68. To the maximum extent permitted by applicable law, in no event shall Gab AI Inc or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Gab AI Inc or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
  69.  
  70. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  71.  
  72. Severability
  73. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  74.  
  75. Waiver
  76. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
  77.  
  78. For U.S. Government End Users
  79. The Application and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
  80.  
  81. Export Compliance
  82. You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
  83.  
  84. In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
  85.  
  86. By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
  87.  
  88. Amendments to this Agreement
  89. Gab AI Inc reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  90.  
  91. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
  92.  
  93. Governing Law
  94. The laws of Texas, Delaware, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
  95.  
  96. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
  97.  
  98. Gab AI Inc may disclose any user information or data if asked to do so by law enforcement as required or permitted by law or in response to a subpoena or other legal process.
  99.  
  100. Contact Information
  101. If you have any questions about this Agreement, please contact us: legal@gab.ai
  102.  
  103. Entire Agreement
  104. The Agreement constitutes the entire agreement between you and Gab AI Inc regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Gab AI Inc.
  105.  
  106. You may be subject to additional terms and conditions that apply when you use or purchase other Gab AI Inc's services, which Gab AI Inc will provide to you at the time of such use or purchase.
  107.  
  108. The official text of the End-User License Agreement (EULA), Privacy, Community Guidelines and Terms shall be maintained by Gab AI Inc. only in the English language. In the event of a conflict between the English and other language versions, the English version shall prevail. For languages other than English, Gab AI Inc. shall have no liability for any incorrect or inaccurate translation appearing on the site, nor for any damage incurred by mobile users as a result of the mistranslation
  109. Community Guidelines ("Agreement")
  110. Last updated: January 2nd, 2017
  111.  
  112. Please read the Community Guidelines ("Agreement") carefully before clicking the "I Accept" button, downloading or using Gab ("Application"). By clicking the "I Accept" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Gab AI Inc and it governs your use of the Application made available to you by Gab AI Inc. If you do not agree to the terms of this Agreement, do not click on the "I Accept" button and do not download or use the Application. The Application is licensed, not sold, to you by Gab AI Inc for use strictly in accordance with the terms of this Agreement.
  113.  
  114. Preamble
  115. Gab’s mission is to put people and free speech first. We believe that the only valid form of censorship is an individual’s own choice to opt-out. Gab empowers users to filter and remove unwanted followers, words, phrases, and topics they do not want to see in their feeds. However, we do take steps to protect ourselves and our users from illegal activity, spam, and abuse. By signing up for Gab, all users agree to adhere to the policies set forth below. Failure to comply will result in sanctions as explained in our How We Enforce Our Guidelines section.
  116.  
  117. Gab’s policy is to follow all applicable laws in The United States of America, the Constitution and the Supreme Court’s rulings on the First Amendment. We use the Court’s rulings, precedents and judgments as our guiding principles for protecting and empowering free speech and expression. You may not use our service for any unlawful purposes or illegal activities.
  118.  
  119. Threats and Terrorism:
  120. Users are prohibited from calling for the acts of violence against others, promoting or engaging in self-harm, and/or acts of cruelty, threatening language or behaviour that clearly, directly and incontrovertibly infringes on the safety of another user or individual(s). We may also report the user(s) to local and/or federal law enforcement, as per the advice of our legal counsel.
  121.  
  122. Gab follows the U.S. Department of State’s definitions of terrorism and list of Foreign Terrorist Organizations, along with the Federal Bureau of Investigation’s proscribed list of terrorist groups, organizations and/or individuals.
  123.  
  124. Illegal Pornography:
  125. Gab has a zero tolerance policy for all illegal pornography. Applicable materials will be removed and relevant accounts will be dealt with appropriately as per the advice of our legal counsel. We reserve the right to ban accounts that share said material in question. We may also report the user(s) to local and/or federal law enforcement, as per the advice of our legal counsel.
  126.  
  127. Legal Pornography:
  128. Legal pornography is permitted, so long as the user clearly marks applicable content as #NSFW (Not Safe For Work). The #NSFW tag can be applied to individual pieces of content as well as entire user accounts. By default, #NSFW content is hidden. Users can opt-in to view NSFW content in their profile settings. Any pornographic content that is not marked #NSFW is subject to removal or to the #NSFW tag being added to the content or account(s). Users can flag content that is not marked #NSFW using our flagging system. Gab follows the Stewart Standard Jacobellis v. Ohio, 378 U.S. 184 (1964) on what constitutes pornography and obscene content.
  129.  
  130. Private Information
  131. Users are prohibited from posting the confidential information of users. This includes but not limited to; home addresses, phone numbers, social security numbers, passport numbers, credit card information, banking information, without their written, expressed authorization and consent.
  132.  
  133. International Law
  134. Non-U.S. residents and citizens must follow the laws of their domicile pertaining to online conduct, communication and content. Gab AI, Inc. will respect the territorial sovereignty of nation-states and their applicable laws pertaining to online communications, though we urge governments of the world to consider Articles 18, 19 and 20 of the Universal Declaration of Human Rights (UDHR).
  135.  
  136. Copyright:
  137. You may not at any time infringe or violate any copyright, trademark, or intellectual property of Gab AI, Inc. We will respond to and act on notices of alleged copyright and/or trademark infringement.
  138.  
  139. Misrepresenting Gab Badges:
  140. You will not attempt to, misuse or imitate our verification badges, donor badges and any other badges introduced by Gab. Failure to comply will result in the suspension of said account(s).
  141.  
  142. Impersonation:
  143. You will not impersonate any brand, business, or personal entity that is not your own. Parody accounts are allowed, but must be clearly labeled as a “parody account.” Accounts that attempt to impersonate others with the intention of deceiving users will be subject to suspension. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold a legitimate claim, copyright and/or trademark to said usernames.
  144.  
  145. Multiple account abuse:
  146. You will not create multiple accounts on Gab with overlapping uses. Accounts that engage in vote manipulation with multiple accounts will be removed. Creating multiple accounts to evade temporary or permanent suspension of a separate account is not allowed and may result in a user’s outright expulsion from Gab.
  147.  
  148. Username squatting:
  149. Users may not engage in username squatting. Accounts that are inactive for more than six months may be subjected to removal.
  150.  
  151. Spam:
  152.  
  153.     You may not use Gab’s invite system to repeatedly spam email invitations to contacts.
  154.     You may not buy or sell Gab usernames.
  155.     You may not publish or link malicious content intended to damage or disrupt another user’s electronic equipment, services or compromise their privacy in any way.
  156.     You may not use our service for the intentions of spamming. What constitutes “spamming” will change over time. We will update our guidelines as this policy evolves.
  157.  
  158. Some Examples of Spam:
  159.  
  160.     Following, unfollowing, regabbing, upvoting, or downvoting large amounts of accounts in a short time period, particularly by automated means such as with a script.
  161.     Repeatedly following and unfollowing the same people.
  162.     Great numbers of spam complaints against a user’s account.
  163.     Posting content simultaneously, repeatedly and concurrently over multiple user accounts.
  164.     Posting deceptive links (e.g. affiliate links, malware/clickjacking pages, etc.).
  165.     Misleading accounts or account interactions for vote manipulation.
  166.     The selling, purchasing, trading or bartering of account interactions (e.g. upvotes, regabs)
  167.  
  168. Prohibited Transactions:
  169. You may not use Gab for activities that pertain to transactions involving:
  170.  
  171. Illegal narcotics, steroids, controlled substances or other products that present a risk to consumer safety, items that encourage, promote, facilitate or instruct others to engage in illegal activity, stolen goods including digital and virtual goods, services that facilitate the financial exploitation of others, ammunition, firearms, firearm parts and/or accessories, weapons or knives that are unlawful in one’s domicile. Please follow the laws of your jurisdiction and adhere to prudence when in doubt.
  172.  
  173. How We Enforce Our Guidelines:
  174. Gab treats all people with respect and dignity, regardless of their background, origins and point of view. We give users the full benefit of the doubt and work to communicate with them when enforcing guidelines and other rules. We enforce our guidelines in many ways, including, but not limited to:
  175.  
  176. Reminding you to kindly follow our Community Guidelines, Terms, Privacy and End-User License Agreement, in the event a breach has occurred, beyond a reasonable doubt.
  177.  
  178. Adding #NSFW tags to all pornographic, debauched and concupiscent video and/or image content.
  179.  
  180. The immediate extirpation of any and all illegal content.
  181.  
  182. The intermittent, temporary, permanent suspension of account(s), or an outright expulsion from Gab and its services.
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