Ownership & Intellectual Property Rights
4. Ownership & Intellectual Property Rights
4.1 You own and control any content you upload for storing on GiGaSoft platform "Your Content"
If you register on our website platform ("GiGaSoft") for a User Account, you may upload, store, distribute and stream audio recordings, videos, texts, images, documents and other promotional material. All content uploaded to our platform is the property of the person who uploaded it. Therefore, you should only upload content that you have created, or in which you own the intellectual property rights or in respect of which you have a license from the owner to upload the content to our website. You are responsible for determining whether your content complies with these Terms and Conditions.
You own and control all Your Content that you upload on our GiGaSoft platform or publish on our portal or distribute to our network of publishers ("TellYourStory") or on other websites via our embedded services such as media players, playlists and webtv channel applets. Our GiGaSoft platform simply provides the means and tools for storage, management, publishing and distribution of your content and our portal and the TellYourStory newtwork of specialists and financial publishres provide a place for you to display your content and reach an audience that might be interested in viewing it.
You are solely responsible for anything contained in your content. You may be held legally liable for your content, if for example, its use is in breach of financial regulations and/or compliance laws in any jurisdiction, material protected by copyright, trademark, patent or trade secret law or other proprietary right and you use it without permission of the author or owner, or if the content represents defamatory comments.
We cannot guarantee that there will be no unauthorised copying or distribution of your content nor will we be liable for any copying or usage of the content that we do not authorise. You can upload and attach your own legal disclaimer defining terms of access and use of the information contained in your content.
As a viewer on our portal, you may post comments and feedback on your content as well as other users' content and you may participate in online discussions subject to our House Rules. Any content, such as comments, questions and feedback or other viewers' contributions to another user's content such as their broadcasts, is stored, managed, owned and controlled by the broadcast owner, who may or not decide to publish the contributed comments on public portals.
4.2 Your Content License
By uploading and storing content on your User Account on our GiGaSoft platform, you are granting us a limited, non-exclusive, transferable, assignable, fully paid-up, royalty-free, worldwide license (including the right to sub-license) to encode, compress, convert, modify, electronically reproduce and host your content and by making your content publicly available using our services, such as sending feeds of your broadcasts and other content from your GiGaSoft User Account for publishing on third party, as part of the Client Services you allow us to publish, distribute, embed, share, promote, transfer, display, broadcast, and otherwise transmit your content and make it available to viewers in any country or jurisdiction, including, but not limited to affiliates and partner websites via our TellYourStory network of specialist and financial publishers, partners and associates, as part of the Client Services, without any compensation to you.
If you are uploading content on behalf of your client, partner or associate, you warrant, represent and undertake to Define Media on an ongoing basis that: you will obtain and maintain, for the duration of the Agreement, all permissions, licences and consents required to upload the Content on Define Media's GiGaSoft platform and that you shall comply with all Applicable Laws in all aspects of the provision of the Content. You shall take sole responsibility for regulating the relationship between you and your third party content owners or providers before uploading it on to our platform.
If you do not want your content to be accessible to viewers in certain countries, you may set the geographical restrictions to block or allow access using the tools provided on your GiGaSoft platform User Account and content properties. You represent and warrant that you are authorised to grant us this license.
You permit Define Media to grant our TellYourStory network of specialist and financial publishers, partners and associates, a non-exclusive, transferable, assignable, fully paid-up, royalty-free, worldwide licence (including the right to sub-license), to display and distribute your Content on their branded websites and platforms, worldwide, in all media now known or hereafter devised, as part of the Client Services.
You permit us to grant our TellYourStory network of specialist and financial publishers, partners and associates permission to modify, electronically reproduce, distribute, publicly perform and display your Content on their branded websites and platforms; and to reproduce, embed and distribute through any media now known, or hereafter developed, excerpts of your Content in Advertisements for, and in marketing and promotional materials related to their owned or operated branded websites and platforms.
To revoke this license or to keep your content for private viewing only, you can simply withdraw your content from the feeds you shared or distributed to third party User Accounts via our services or remove your content from our GiGaSoft platform as part of your right of use of our services.
As between the parties, you own all right, title and interest in and to Your Content. This Agreement does not convey to Define Media any ownership interest in or to Your Content, but only a limited license to Your Content that is revocable as set forth in this Agreement and Define Media shall not rebrand or edit your content or alter the context or intended meaning.
You must not represent or suggest, directly or indirectly, that we endorse any information or content contained in any of your broadcasts.
You hereby grant to Define Media an unlimited, irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to use and/or incorporate into the Services any feedback, suggestions and/or recommendations provided to Define Media by you regarding our website or services.
Nothing in the Agreement shall be construed to establish any relationship (contractual or otherwise) between you and our TellYourStory network of specialist and financial publishers, partners and associates or Clients. You will indemnify defend, and hold Define Media and all its TellYourStory network of specialist and financial publishers, partners and associates or Client and their affiliated companies and their respective officers, directors, employees, parents, partners, licensors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of any breach or alleged breach of any of the Indemnifying Party’s respective representations or obligations pursuant to the Agreement or any claim by you or other third party provider.
4.3 Intellectual Property Rights to our Services
You may use our services, such as the GiGaSoft platform to upload and store your content or our portal to publish your content or the embedded players, playlists and webtv channel applets to publish your content or other users' content to which you have permission to publish to your own websites or to allow other users to embed your content on their websites.
You are permitted to view the contents of our website on screen and to use any tools which we provide solely for the purposes of receiving our services. Except for your content or unless it is expressly and specifically permitted by the rightful owner and other than as necessary for the purpose of viewing the website, or where the owner has given you permission, it is strictly forbidden to copy any material on the website for commercial use in the course of a business or to store any or all of the contents of the website on a proxy server, cache or other similar form of storage. You may not adapt or modify, use, copy, display, publish or create works derived from our website or services or the content or any part thereof, except that: you may do anything permitted under applicable law including journalists using the content to report current events and embedding content on your websites using only the "Embed" button facility on the media player, when provided.
Define Media hereby grants you a limited, revocable, non-transferable, except where expressly stated, non-exclusive, worldwide license to use our website and the applicable Services for which you have submitted an order or registered online. All rights not expressly granted to you are reserved by Define Media. Except as expressly permitted by Define Media, you shall not: (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any part thereof in any way; or (ii) modify or make derivative works based upon the Services or reverse engineer, decompile or disassemble the Services.
As between the parties, Define Media owns all right, title and interest in and to our website and all the related Services. This Agreement does not convey to you any ownership interest in or to the Services, but only a limited license to use the Services that is revocable as set forth in this Agreement.
"Define Media", "GiGaSoft Technologies", "TellYourStory Worldwide", "PItCH", "iPItCH", "uPItCH" and “Bulls Bears & Butterflies” are our trade marks and intellectual property. All rights are reserved.
4.4 Viewing of other Users' Content through our Website and Services
Your use of our website, including viewing of any broadcasts which are hosted and published through our services including content belonging to other users of our services, is subject to these Terms & Conditions of Use, which will govern your viewing and use of such content and any content hosted by us, found on our website or any other website.
4.5 Accuracy of information provided on the website
Content posted on this website is submitted and owned by other users of this website and we are not responsible for and do not endorse such content. We do not have any editorial control over such content and we may remove any content from the website at our absolute discretion. Any opinions, advice, statements, services, offers, or other information or content expressed or made available on the website, are those of the respective author(s) or distributor(s) and not of Define Media.
4.6 Links to External Websites
Links to other websites owned by third parties are provided solely for your convenience. Define Media is not responsible for any external websites. We have no control over third-party websites and therefore we do not guarantee the speed of connection, successful access or accuracy of information provided on those websites, or successful access to our embedded services such as media players, playlists and webtv channel applets on those third party websites. We have not reviewed these other websites and we do not control and are not responsible for any of them or their content. You access external websites entirely at your own risk. You should read any terms and conditions applying to other websites carefully when you access these websites via any links found on content on our platform, portal or player services and facilities or when you access our embedded services on these websites or when you share or send feeds of your content to these website owners for publishing.
4.7 Third Party Services
We may, from time to time, inform you of third-party services that can be used in connection with your use of our Services. Any terms, conditions, representations and/or warranties associated with such use, are solely between you and such third-party service provider. Define Media makes no representation or warranty with regard to any such third-party service, even if such provider is certified or selected as a provider (or similar designation) by Define Media. We shall not be responsible to you in any manner for any such third-party service. Define Media does not, unless otherwise expressly set forth in writing, provide maintenance or support for third-party services.
4.8 Interface and Functionality
We reserve the right to make changes without notice to the interface, functionality and capabilities of the website and all our Services such as the content storage, delivery methods, features and functionality of the embeddable services such as players, playlists and webtv channels applets. Any video that is uploaded to our servers may fail initial attempt to encode it successfully. Due to many possible technical glitches, generally, it might be that processing some resources failed to complete and you simply need to wait for 5-10 minutes then click the 'Retry Encoding' button. If you retry encoding a few times without success, your video may have some errors or resources in formats that our processor cannot read, in which case please check your video and try uploading afresh. Except as required by law, we will not be responsible or liable for the speed, memory capacity or quality of your hardware, accuracy or fitness for a particular purpose of the website and do not promise that the material contained in the website, or any of the functions contained in the website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.