As a part of the Gestya community you are helping to make the internet a safer place. Gestya is a service
for
identifying people to make the internet a safer and more open place by minimising identity impersonation
and
deception. Gestya records video (Gestya clips) of people to share with other users in helping identify
each other.
Gestya users share in the responsibility for making the community safer and take an active part in
identifying each
other in their online community. Gestya helps stop:
We want you to enjoy using Gestya and benefit from the assurance you will now know who you are
communicating
with online.
Gestya is operated and presented to users by Gestya Limited, a New Zealand Company of 292 Kilmore Avenue,
Christchurch, New Zealand. "Gestya" shall mean Internet sites and services relating to the domains
www.gestya.me.
Gestya and any and all entities that control, are controlled by, or are affiliated or under common
control with,
Gestya are collectively referred to herein as "we", "us" or "our".
As an end user you are also required to read, comply with, and are subject to, the following Rights and
Responsibilities. You must accept these terms before being able to access the Gestya service and your
continued use of the Gestya service is interpreted to be continued acceptance. This Statement of Rights
and
Responsibilities ("Statement," "Terms," or "SRR") is our terms of use that governs our relationship with
you.
By using or accessing Gestya, you agree to this Statement, as updated from time to time.
The Gestya "service" provides an online service for verifying the identity of people online. Gestya
requires you
to give permission to Gestya to allow access to your web-camera to record a video clip known as a
"Gestya Clip".
Gestya Clips are shown to other users to help verify your identity and vice versa. The Gestya service
can only
function if you let other users see your Gestya Clip. Accordingly, we highly recommend you don't display
anything
in your Gestya Clip that you do not want to be visible to other users. Gestya operates in partnership
with a Service
Provider who will offer content and services to you. Your Service Provider will set the policies around
who can
view your Gestya clips, e.g. "only share with friends you know". Your Service Provider will set their
own Terms
of Use relating to their content and services. Unless otherwise stated, your Service Provider is not
authorised by
Gestya to view, store or use your Gestya Clips. Your Gestya Clips are sent directly to our servers and
don't pass
to your Service Provider.
These terms set out your rights and responsibilities when using the Gestya service
1. Privacy
Your privacy is very important to us and we take steps to ensure your information is not
distributed without
your permission.
1.1. Your Gestya Clips are stored as encrypted files with unique identifiers to prevent
unauthorised access. In addition, no personally identifiable information is transmitted with the
Gestya Clip.
1.2. The control of who can see your Gestya Clip is determined by the Service Provider you use
and any privacy options they give you.
1.3. We do our best to keep Gestya safe, but we cannot guarantee it. We take steps to make it
difficult for people viewing your Gestya Clips to copy them. However, it is impossible to completely
prevent
the copying of your Gestya Clip and therefore you should treat any Gestya Clip as having the
potential to be
made public, as is the case with any other content you post online.
1.4. You own all of the copyright in your Gestya clips. However, in order to use the Gestya
Service you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide License
to use
your copyright contained in your Gestya Clips. This License ends when you cancel your account.
2. Children and Gestya
Gestya was created to protect our own children online and Gestya takes children's rights seriously.
2.1. A Child (deemed under the age of 13 or other age deemed a child as regulated by the relevant
jurisdiction) may only access Gestya if it is the policy of the relevant Service Provider to provide
services
to such children.
2.2. Gestya provides rules for Service Provider conduct regarding children and require that a
Service Provider must meet relevant regulations for the provision of services to children. However,
we do not
control Service Provider's actions, policies or terms regarding provision of services to children.
Therefore,
any use of Gestya by a Child is governed by the policy and terms of the Service Provider and Gestya
will not
be held responsible or liable for any action affecting a Child using Gestya through a service
Provider.
2.3. You undertake to read and understand your Service Provider's policies, terms of use and
appropriate information prior to using Gestya within the Service Provider's service.
3. Safety
We try to make Gestya safe and need your help in assisting us. Therefore, in order to use the
Gestya service
we require you to make the following commitments regarding your Gestya Clips:
3.1. You will not make a Gestya Clip that:
3.1.1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of
another
person;
3.1.2. is bigoted, hateful, or racially or otherwise offensive;
3.1.3. is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
3.1.4. otherwise harms or can reasonably be expected to harm any person or entity;
3.1.5. is illegal or encourages or advocates illegal activity or the discussion of illegal
activities
with the intent to commit them, including a Submission that is, or represents an attempt to engage
in, child
pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug
dealing and/or
drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3.1.6. infringes or violates any right of a third party including: (a) copyright, patent,
trademark,
trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you
must not
distribute another person's personal information of any kind without their express permission) or
publicity;
or (c) any confidentiality obligation;
3.1.7. is commercial, business-related or advertises or offers to sell any products, services or
otherwise (whether or not for profit), or solicits others (including solicitations for contributions
or
donations);
3.1.8. contains a virus or other harmful component, or otherwise tampers with, impairs or damages
the Gestya Service or any connected network, or otherwise interferes with any person or entity's use
or
enjoyment of the Gestya Service.
3.2. You will not use a Gestya Clip for unauthorized commercial communications.
3.3. You will not copy, distribute, photograph, extract, video capture, or manipulate any other
user's Gestya Clip in any way, for any reason.
3.4. You will not post a Gestya Clip on an account belonging to someone else.
3.5. You will not bully, intimidate, or harass any user.
3.6. You will not make a Gestya Clip containing alcohol-related, dating or other mature content
(including advertisements) unless authorised by your Service Provider who must place appropriate
age-based
restrictions on their service.
3.7. You will not use Gestya to do anything unlawful, misleading, malicious, or discriminatory.
3.8. You will not do anything that could disable, overburden, or impair the proper working or
appearance of Gestya, such as a denial of service attack or interference with page rendering or
other Gestya
functionality.
3.9. You will not facilitate or encourage any violations of any of our terms or policies.
4. Registration and Account Security
The purpose of Gestya is to prevent people from impersonating others online and we need your help
to achieve
this. Here are some commitments you make to us relating to registering and maintaining the security
of your
account:
4.1. You will not provide any false personal information to Gestya, or create an account for
anyone other than yourself without permission.
4.2. You will not create more than one personal account.
4.3. If we disable your account, you will not create another one without our permission.
4.4. You will not use Gestya if you are a convicted sex offender.
4.5. You will keep your contact information accurate and up-to-date.
4.6. You will not share your password, let anyone else access your account, or do anything else
that might jeopardize the security of your account.
4.7. If you select a handle or similar identifier for your account or Page, we reserve the right
to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains
about a
handle that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
5.1. You will not post Gestya Clips that infringes or violates someone else's rights or otherwise
violates the law.
5.2. We can remove any Gestya Clip if we believe that it violates our Terms of Use or any of our
policies.
5.3. If you repeatedly infringe other people's rights, we will disable your account when
appropriate.
5.4. You will not use our copyrights or trademarks (including Gestya, the Gestya Logo, or any
confusingly similar marks, except with our prior written permission.
5.5. You will not display anyone's identification documents or sensitive financial information
in your Gestya Clips.
6. Amendments
6.1. We can change this Statement at any time if we provide you notice (by posting the change
on the Gestya Terms Page).
6.2. We can make changes for legal or administrative reasons, or to correct an inaccurate
statement.
6.3. Your continued use of Gestya following changes to our terms constitutes your acceptance of
our amended terms.
7. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal
exposure for
us, we can stop providing all or part of Gestya to you. We will notify you by email or at the next
time you
attempt to access your account. You may also delete your account at any time. In all such cases, our
Terms of
Use shall continue in force to protect the rights of other Gestya users.
8. Disputes
8.1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out
of or relating to our Terms of Use or Gestya exclusively in a court located in New Zealand. The laws
of
New Zealand will govern this Statement, as well as any claim that might arise between you and us,
without
regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts
located in
New Zealand for the purpose of litigating all such claims.
8.2. If anyone brings a claim against us related to your actions, content or information on Gestya,
you will indemnify and hold us harmless from and against all damages, losses, and expenses of any
kind
(including reasonable legal fees and costs) related to such claim. Although we provide rules for
user conduct,
we do not control or direct users' actions on Gestya and are not responsible for the content or
information
users transmit or share ina Gestya Clip or when using Gestya. We are not responsible for any
offensive,
inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter
on Gestya.
We are not responsible for the conduct, whether online or offline, or any user of Gestya.
8.3. Although we provide rules for Service Provider conduct, we do not control or direct Service
Provider's actions to use Gestya and are not responsible for the content or information users
transmit or share
through a Service Provider. We are not responsible for any offensive, inappropriate, obscene,
unlawful or
otherwise objectionable content or information you may encounter through your Service Provider. We
are not
responsible for the conduct, whether online or offline, of any user of Gestya or any Service
provider.
8.4. WE TRY TO KEEP GESTYA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE
PROVIDING GESTYA AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT
GUARANTEE
THAT GESTYA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT GESTYA WILL ALWAYS FUNCTION WITHOUT
DISRUPTIONS,
DELAYS OR IMPERFECTIONS. GESTYA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF
THIRD
PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN
AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD
PARTIES. IF
YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE
DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL
NOT BE
LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES
ARISING
OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GESTYA, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GESTYA WILL NOT EXCEED THE GREATER
OF ONE
HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY
NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GESTYA'S LIABILITY WILL BE LIMITED TO THE FULLEST
EXTENT
PERMITTED BY APPLICABLE LAW.
9. Jurisdiction
We are a global service and aim to abide by local laws. If you believe that the Gestya service
breaches any
law or regulations in your country, please discontinue use and advise us of the breach.
10. Definitions
10.1. By "Gestya" we mean the features and services we make available, including through (a) our
website at www.gestya.me and any other Gestya branded or co-branded websites including sub-domains,
international versions, and mobile versions); software (such as a toolbar), devices, or networks now
existing
or later developed.
10.2. By "Gestya Clip" we mean a video and/or audio recording captured by Gestya.
10.3. By "Data" we mean any Gestya Clip, user data or content (including any images, text, or other
information or materials) you receive from us, that was provided by users to us, or was associated
by us with a
particular user.
10.4. By "information" we mean facts and other information about you, including actions taken by
users and non-users who interact with Gestya.
10.5. By "content" we mean anything you or other users post on Gestya that would not be included in
the definition of information.
10.6. By "data" or "user data" or "user's data" we mean any data, including a user's content or
information that you or third parties can retrieve from Gestya.
10.7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and
create derivative works of.
10.8. By "active registered user" we mean a user who has logged into Gestya at least once in the
previous 30 days.
10.9. By "Service Provider" we mean any website, software application or service offered by a third
party that utilises the Gestya service.
10.10. References to "us," "we," and "our" mean Gestya and Gestya Limited.
11. Other
11.1. This Statement makes up the entire agreement between the parties regarding Gestya, and
supersedes any prior agreements.
11.2. If any portion of this Statement is found to be unenforceable, the remaining portion will
remain in full force and effect.
11.3. If we fail to enforce any of this Statement, it will not be considered a waiver.
11.4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
11.5. You will not transfer any of your rights or obligations under this Statement to anyone else
without our consent.
11.6. All of our rights and obligations under this Statement are freely assignable by us in
connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
11.7. Nothing in this Statement shall prevent us from complying with the law.
11.8. This Statement does not confer any third party beneficiary rights.
11.9. We reserve all rights not expressly granted to you.
11.10. You will comply with all applicable laws when using or accessing Gestya.