Terms of service
Last updated: 2020-09-17
Gist AI User Agreement, Terms of Services and MS-Points Agreement™
Welcome to Gist AI! An environment that fosters interaction and participation among its members. Members should thus feel free to express themselves. However, members should keep comments and contributions within the community values of the Service and must comply with applicable laws and the terms of service of Gist AI. This User Agreement (the "Agreement") describes the terms on which, Gist AI (India) and its subsidiaries or parents hereby referred to as ("Gist AI") offers you an account on the Gist AI web site ("Gist AI"). BY PRESSING THE BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you have any questions about this Agreement, email us or fill the Contact Us form. Any opinions expressed by a Member are of those of the Member alone, and are not to be attributed to Gist AI. Gist AI cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any Member.
- Amendment and Addenda:
Gist AI may amend this Agreement at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when Gist AI emails a notice of the revisions to you. Alternatively or additionally, Gist AI may display amended terms to you when you log in to the site, in which case such terms shall be effective when posted by Gist AI.
In addition, Gist AI may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to click through such terms.
- How long we keep your content
Following termination or deactivation of your account, or if you take away any User Content from Gist AI, we have a tendency to retain your User Content for a commercially small amount of time for backup, archival, or audit functions. Gist AI and its users could retain and still use, store, display, reproduce, modify, produce, perform, and distribute any of your User Content that different users have kept or shared through Gist AI.
- How Gist AI and other users can use your content
You grant Gist AI and its users a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, produce works, perform, and distribute your User Content on Gist AI only for the needs of operating, developing, providing, the Gist AI products. Nothing in these Terms shall prohibit alternative legal rights Gist AI may have to User Content, as an example underneath alternative licenses. We reserve the right to get rid of or modify User Content for any reason; including User Content that we believe violates these Terms or our policies.
- Submission and ownership of Content:
Gist AI allows you to provide your content (including without limitation text, data, photos, graphics, music, sounds and videos) to Gist AI in a number of forms, such as reviews and opinions about products, services or other decisions ("Opinions"), comments to other people's Opinions ("Comments") and information about yourself (your "Profile") for your profile page. Collectively, the Opinions, Reviews, Comments, Profiles and other content you provide to Gist AI (by uploading such Content to the site or otherwise) is defined as your "Content."
You retain all ownership rights to your Content. However, by submitting Content to Gist AI, you automatically grant to Gist AI an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. (b) display your Content online and offline and permit others (including without limitation Gist AI' co-brand partners) to do the same, and (c) display portions of your Content online or offline and permit others to do the same. The MS-Points™ program, to the extent it exists and whether or not you are eligible to participate, constitutes your only right to compensation for the foregoing licenses. You are free to use your Content offline in any manner you choose. However, Gist AI gets users to come to Gist AI and your Opinions by promising users high quality content they cannot get anywhere else. In order to sustain this traffic draw, by submitting Opinions to Gist AI, you grant to Gist AI (and its sublicensees) the exclusive right to display your Opinions anywhere online, except the following circumstances:
Any copyright material posted on Gist AI, if complaint about, will be taken down with immediate effect and you may or may not be notified in such scenario.
You may not post your Opinions on any USENET newsgroups or any other web site, besides Gist AI. However, you may do so any time after one year of originally posting that Opinion on Gist AI, but you must include the following attribution in the post: "You can read this review at [URL of the review page on Gist AI] and other reviews on the same topic at [URL of the product page on Gist AI]. Check out my profile page at [URL of your Gist AI profile page].
You may also display your Opinions on any site which contains content contributed from 5 individual contributors or less, but you must include the following attribution in the display: "You can read this review at [URL of the review page on Gist AI] and other reviews on the same topic at [URL of the product page on Gist AI]. Check out my profile page at [URL of your Gist AI profile page]."
In all other cases, Gist AI's exclusive display rights apply even if you initially post the Opinion somewhere else online and then desire to post it to Gist AI and then re-post it on Gist AI. If you desire other online rights to your Opinions, you may request permission on the Contact Us page, which permission may be granted or withheld in Gist AI' sole discretion on a case-by-case basis. (For purposes of this section, the word "display" covers all copyright and other intellectual property rights necessary to effectuate the foregoing intent.)
- Detection of Violators:
If Gist AI identifies someone who is displaying your Content online in violation of this Agreement and Gist AI wishes to take action against the infringer, Gist AI may contact you to seek your help with the action. However, Gist AI may also directly enforce your ownership rights in the Content against the infringer, and you authorize Gist AI to take any actions on your behalf that Gist AI reasonably deems necessary or appropriate to protect the parties' respective rights.
- Removal of Opinions:
Currently, Gist AI allows you to edit your Opinions. At any time, without further notice, Gist AI may restrict your ability to edit or delete your Opinions.
You agree not to provide any Content to Gist AI that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, child pornographic or harmful to minors, (d) contains any viruses, Trojan horses, automated computer scripts, worms, time bombs, e-mail bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortuous or criminal.
- Content Filtering:
Gist AI believes that users should decide what content should appear on the site and how it should be displayed. Thus, users have a number of tools to determine the order in which opinions are presented to them. In general, Gist AI does not make editorial determinations about what Content you may or may not display on the site, and of course Gist AI DOES NOT ENDORSE OR RECOMMEND any of the opinions or ideas or comments contributed by its users. However, Gist AI permits others to make judgments about your Content that may affect the display of your Content. Further, Gist AI may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, Gist AI may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve Gist AI' relationships with its service providers (such as its Internet access providers).
- Your Honest Identity:
You may not (a) establish more than one account (even if the accounts are created using different email addresses or established through co-branded sites), (b) provide inaccurate registration information, (c) fail to update your registration information if it changes, (d) select a Member ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, (e) select a photo to identify yourself that deliberately misleads others about your identity, or (f) You may not share your account (or the associated password) with anyone else. Gist AI may assume that all activities made using your Member ID and password are authorized by you; thus, if for any reason you suspect that your password has been compromised, you should contact Gist AI immediately.
Gist AI may terminate your use of the site immediately if (a) you breach any element of this Agreement, (b) you infringe upon the intellectual property rights of a third party, or (c) Gist AI is unable to verify any registration information you provide. Alternatively, in such circumstances, Gist AI may take some lesser remedies, such as hiding the display of some or all of your Content or suspending your account. If you want to terminate your account, fill up the Contact Us page form. Gist AI may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination, at its sole option, Gist AI may remove some or all of your Content from the site or leave it available for public review.
- No Warranty:
THE Gist AI SITE AND SERVICES ARE PROVIDED "AS IS," AND Gist AI CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Gist AI does not promise or warrant to you that any aspect of the site and system will work properly or will be available continuously.
- Liability Limits:
IN NO EVENT SHALL Gist AI BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE Gist AI SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL Gist AI BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THAT OF FEES, IF ANY, PAID BY YOU TO Gist AI.
You release and indemnify Gist AI and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of Gist AI and specifically waive any claims that you may have in this behalf under any applicable law. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Gist AI Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Liability Limits:
- Access Limits:
Without Gist AI's CEO's express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including without limitation robots, spiders or scripts), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.
You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. Gist AI's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Gist AI shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. Gist AI may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. Gist AI's suppliers and co-brand partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by writing, physically signed by both Gist AI and you.
- Entire Agreement:
This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
- Fees and Taxes
If you are an individual non-corporate member, Gist AI does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility. Gist AI may offer various paid services. For example, Gist AI may charge a fee for Advertising services ("Paid Services"). You must comply with and pay all applicable taxes associated with the paid services.
- Governing Law and Arbitration:
This Agreement is governed in all respects by the laws of Republic of India as such laws are applied to agreements entered into and to be performed entirely within India between Indian residents. Any controversy or claim arising out of or relating to this Agreement or the Gist AI site shall be settled by binding arbitration in accordance with the the Indian Arbitration Act 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Gist AI may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India. Gist AI at its option, may bypass arbitration in cases of fraud or other crimes against itself, interference with its technical operations or violations of its rights or property.