General
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR APPS AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS HEREIN. IF YOU DO NOT EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR APPS OR ANY OF OUR SERVICES.
1. Introduction
Welcome to Gistmine!
Gistmine (we” or “us”) is a revolutionary platform (the “Platform”) for creating and sharing content using hashtags and allowing you to monetise conversational chains.
The following Terms of Service Agreement (the “Terms”) is a legally binding agreement that shall govern the relationship between you and others who may access, interact or interface with the Platform and related services (“Services” or “Service”).
Gistmine is operated by Pixzzart Technologies (UK) Limited with registered office at Floor 6, International House, 4 Maddox Street, London, W1S 1QP. Registered in England and Wales Number 12179307. Branch Office, 7 Spa Road, London SE16 3QP.
2. Our Services
We agree to provide you with Gistmine Service which includes all of the Gistmine features, applications, services and technologies with a mission to respect your privacy and transformation lives around the world by facilitating better monetisation of user generated content. Letting you share and earn your way.
As our Service scales and we grow, we may incorporate more automated technologies, machine learning technology and artificial intelligence to maintain and improve the serve. However, only where such implementation will be a positive benefit to users and inline with our commitment to privacy and social and mental health of the wider society.
The Services are provided primarily for private use by “you” or “your” use as the user of the Platform and associated Services. For the purposes of business these Terms and additional terms and conditions may apply.
Our Platform and Services are only for use by people 13 years old and over with transactions or business account use for users 18 years and over.
You can use the Services and the Platform via the Gistmine mobile apps (“App”) and through our Website application (“Website”) with limited functionality.
Our Services allow you to create, publish and share various types of content with other users including interacting with content by other users, all controlled by conversational topical hashtag chains. The Service offering are as follows:
Register and Transfer Hashtags:
This include you being able to:
Register a topical hashtag and sharing content tagged with that hashtag.
Start and leading a hashtag chain.
Following a hashtag and consuming content related to that content.
Collaborate with other users and brands with top-ranking hashtags.
Earn based on hashtag ranking and category.
Transfer topical hashtag ranking rights to other users for a defined period.
Create and share:
This include you being able to:
Create and share a profile on the Service.
Enter a profile biography, profile picture, website address, page cover image in your public user profile on the Service.
Create a personal, creator or business profile.
Create, share and edit a text post into the Service.
Create, share and edit a image or photo post with filters into the Service.
Able to repost or include content from other users (where permitted by that user) in your content.
Create, share and edit video content with filters and additional elements into the Service.
Publish your content on the Service with hashtags for other users to find and consume your content.
Publish content on the Service so that other users can consume and interact with your content. With the content made available publicly on the App and Website Applications.
Share your content on other third-party social media platforms, email or messaging services in accordance to the terms and conditions of those services.
Create, share and edit a event post into the Service.
Set various privacy options on your content and account profile.
Host Live Stream using our live streaming Service and features (if enabled on the profile).
Use token and coins wallet feature to purchase, exchange and send gifts.
Link, comment, send, share and save favoured content for later consumption and interaction.
Tag content with user handle and hashtags.
Request user account verification status.
Create group and channels for content into the Service.
Subscribe to a profile’s channel on the Service.
Search, Discover and Consume:
This include you being able to:
Search and consume content by or filtered by hashtag, profile and category.
Discover and consume trending hashtag content and other user content.
Customise your feed preference and interest
Contact and Interact With Other Users:
This include you being able to:
Send Direct Messages to users who you follow and follow you.
Hook content you acknowledge or like.
Comment on content (where comment is enabled).
Follow a user whose profile is public or request to follow the profile where the profile is set to Private.
Follow a hashtag on topic you may be interested in and want to see in your feed.
Find a contact and call a contact in your contact list or who you follow (and have their mobile number within their profile).
Send and share messages with document attachments.
Set Account Type:
This include you being able to:
Upgrade your account from standard to the “Creator Account” or “Business Account” which gives you access to additional features, functions, monetisation and other host of benefits.
How Does Our Service Generate Money
The use of the Service is generally free inline with similar social network platforms. However, we DO NOT sell your data to anyone, or track you outside our Service and where it is necessary to collect data, it is the minimum required to provide you with the Service.
We fund our service from hashtags top-ranking rights, searches, user cross promotions, brands collaborations and some sponsored promotions. We may use your selected interests to show you relevant promotions in the future but do not subscribe to invasive model or share your details with any sponsor. Promotions may include branded content by other users who collaborate to promote commercial products or services for a brand or business.
We record and provide sponsors with insight report on the interactions with their promotions to gauge performance but do not share any information you have not permitted that directly identifies such as you email, telephone number, address.
3. Acceptance of Terms
By registering, accessing or using the Platform and Services, you agree that you are able and voluntarily entering into a legally binding contract with Gistmine as stated in this terms herein.
If any aspect of this agreement is unenforceable or there is a conflict with the agreement herein, the other terms will govern and the rest remain in effect.
You confirm you are aged 13 years or over, and accept these Terms and conditions, Hashtag Registration Agreement, Hashtag Transfer Agreement, privacy policy, Platform Guidelines and additional policies which may be found within our App or website including our privacy and data policy.
We can remove any content or information you share from the Platform or Services if it is deemed to violate these Terms and other policies including Platform guidelines or law.
If you are accessing or using the Platform and Services on behalf of a business, brand, institution or entity, then You warrant that you are authorised to represent, enter and bind the business, brand, institution or entity to these terms. This responsibility to employees, agents or other contractors authorised by you, business, brand, institution or entity.
4. Changes to the Terms and Services
We reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Platform and Services. These changes may reflect changes to features or regulation.
By continuing to access and use the Platform and Services, you will be deemed to have agreed to any changes or updates to our Website Terms.
We will also endeavour to provide you with reasonable notice in advance to allow you to accept any such changes or stop using the Platform and the Services.
5. Using Our Services
You may need to create a user account profile in order to access or use some of the features or Services available on the Platform. You must keep any passwords or pins safe and confidential and do not disclose them to a third-party. We must be notified of any serious compromise and efforts made to change all passwords or pins relating to Services on the Platform.
6. Termination
We reserve the right to temporarily suspend, permanently disable or terminate your user account profile at any time without notice. This action may include limit or restrict your access and use of certain Services or features within the Platform. This may be done for a number of reasons but not limited to the following:
Violating Platform guidelines or laws or regulations.
Copyright or intellectual property dispute or violation.
Fraudulent or other illegal activities on the account.
Law enforcement request approved by a court.
Pose a security risk on the Platform or to our Services.
Inactivity of the account for an extended period of time.
Suspect access to an account without permission.
Activity which may expose the Platform and Services or other users to any harm or liability of any type.
We will also endeavour to provide you with reasonable notice in advance to allow you to move or download or save you content and other information where it is outside law enforcement request. such changes or stop using the Platform and the Services.
You may choose to suspend or close and delete your account at any time using facility provided with the Platform.
7. Services Use
You may access to and use of the Platform and Services subject to these Terms herein with certain restrictions. Here is an outline of what you can and can not do on the Platform and Services;
What You May Do:
Sell or transfer your username, hashtag top-ranking rights to another user provided this is approved and the account was setup as a Brand, Business, Theme or Creator profile.
Market, rent or lease your top-ranking hashtag rights for a fee or charge within the boundaries authorised by the Platform and Services as permitted by the Terms herein.
What You Must Not Do:
Access or use the Platform and Services if you are under the age of 13.
Create a false identity in order to access and use the Platform and Services.
Use the Platform and Services if you have been banned for serious violation or prohibited by law.
Use or attempt to access or use another’s account without authorisation.
You may not impersonate person, a profession, brand or entity including claiming false affiliation.
Post or share content in what can clearly be considered the wrong category or with an unconnected, unrelated or off topic hashtag for any reason including gaming the system or gain unfair visibility or attention.
Provide advise, opinions, analysis, commentary or recommendations on issues, subjects, areas you are not qualified or licensed especially where required by law.
Violate, assist or encourage others to violate the terms herein including any Platform policies or guidelines.
Do anything unlawful, misleading, or fraudulent or unauthorised on the Platform.
Interfere with or attempt to interfere with the proper working of the Platform and Services including any networks connected to the delivery of our Services.
Bypass or attempt to bypass any measures we may have in place to prevent or restrict access to the Platform and Services.
Post branded or sponsored content without making it clear or to mislead other users.
Abuse or misuse the comments, reporting or disputes function by raising or making false accusations or fraudulent reports.
Use the Platform and Services for any unauthorised commercial purposes such as communicating or facilitating any commercial advertisement or exchanges using other tools or functions outside that provided by the Platform and Services without prior without written permission from Us.
Use the Platform and Services for any form of Pyramid or Multi-Level Marketing (MLM), chain mail, chain letters, chain messages, unsolicited or unauthorised advertising, solicitation or spamming.
Create or attempt to create user accounts, access or collect information in unauthorised manner (manually or automatically).
Introduce or attempt to use malicious codes, materials, harmful technologies (Viruses, worms, Trojan horses, logic bombs, zombies, password grabbers).
Attempt to solicit, collect, buy, sell or transfer a personal account username.
Attempt to solicit, collect, buy, sell or transfer any verification badges or other login credentials such as passwords and access tokens (your or that or other users).
Solicit, collect, trade in or sell any Platform tokens or coins or buy tokens or coin on behalf of another user.
Extract, make copy, modify, adapt, translate, reverse engineer, disassemble, decompile code or create any derivatives of the Platform and Services source code, algorithms, process, methods or techniques without written permission from Us.
License, distribute, sell or transfer any aspects of Platform or Services unless permitted to do so by Us.
Market, rent or lease or attempt to market, rent or lease the Platform and Services for a fee without authorisation.
Post private or confidential information relating to someone else without permission or act in anyway that violates rights.
Violate the copyright, trademark or other intellectual property rights.
Post, repost or share someone else’s work or content unless you have the permission and necessary rights to do so.
Promote counterfeit or pirated goods on the Platform.
Use the Platform or Services to solicit, trade, give fake or shill reviews.
Must not use automated system or bots or software to create accounts, attempt to transfer hashtag rights or extract data from the Platform or Services without authorisation by Us.
Incorporate or attempt to incorporate the Platform or any part the Services into other projects, products without authorisation from Us.
You must not use a domain name in your profile username (ie www.uvwxyz.com or uvwxyz.com).
Troll, stalk, intimidate, harass, set out to deliberately embarrass another user.
Disrupt the normal social communication, or otherwise acting in any manner that would negatively affect other users and their interactions on the Platform or Services.
Post or share defamatory or libellous material against a person or entity.
Post, share, incite or promote violent, obscene, vulgar, offensive, pornographic or sexually explicit material or crime.
Post, share or incite violence or discrimination on the basis of religion, race, sex, caste, age, nationality, disability, sexual orientation or gender.
Upload, post, share transmit, broadcast or otherwise make available any content that is deemed to contain nudity, pornography or a graphically sexual in nature.
Upload, post, share transmit, broadcast or otherwise make available any content that is deemed to contain child pornography.
Upload, post, share transmit, broadcast or otherwise make available any content that is deemed to contain animal cruelty.
Post content that result in other committing a criminal offence.
Promote activities that may be regarded as dangerous, harm other or result in self-harm by others.
List of prohibited individuals or entities which may be identified on any government export exclusion list.
Agree not to transfer any software, technology or any other technical data through the use of our Platform and Services to any export-prohibited country.
Upload, post, share nor transfer nor any software, technology or any other technical data which would be in violation of local, national and international export and/or import laws.
Use our Platform and Services for any military, nuclear, missile, chemical or biological weaponry.
Directly or indirectly exchange tokens or trade any elements and/or other information or materials on this Platform or Services to any country, individual or entity for which the United Nations or any other relevant jurisdiction requires any special license or approval.
We reserve the right, at any time and without prior notice, to temporarily suspend access to your account or permanently disable the account where we feel these terms, policy and Platform Guidelines have been violated or a user poses a major risk.
8. Intellectual Property Rights
We respects the rights of copyright owners and any proprietary or intellectual property (including trademarks). All rights of the authors of the works protected, reproduced and communicated on this site are reserved.
You agree to post and share only content that you have the permission and all necessary rights to do so on the Platform and Services.
In addition, you agree only to choose and use a username which does not infringe on any third-party trademark or intellectual property as seen by law.
If any copyright owners believe that their right is being infringed upon by any information or material on our Platform and Service, we will make reasonable effort to rectify this as swiftly as possible.
Lastly, You do acknowledge and agree that our Platform and Services shall contain proprietary and confidential material that is protected by applicable trademarks and intellectual property rights and other laws. Therefore, except for that permitted and authorised herein by Gistmine and applicable law, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, present publicly and/or created any variant based on the Platform and Services in part or whole.
9. Trademark
All trademarks, symbols, slogans or logos are property of their respective owners. If any trademark owners who believe their trademark is being unfairly used, please contact us and we will make all reasonable efforts to remedy the situation.
10. Content
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Platform and Services. By displaying Your Content, you grant Gistmine a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Gistmine reserves the right to remove any of Your Content from the Platform and Services at any time without notice.
Additionally, it understood that you or any of your licensors will own any User Content you upload or transmit through the Platform and Services.
Your Content (User-Generated Content)
Users of the Platform and Services may upload, post, share, transmit via voice calls or live streams content through the Platform and Services. These content may include text, audio, image, videos, sound and video recordings (“User Content”). You acknowledge and agree that other users of the Platform and Service may also reuse, repost or extract or any portion of that User Content to produce a variant or additional User Content.
You further acknowledge that, except as specifically permitted by us in the Terms or in other agreement with us, you have no right to receive any income, compensation or other consideration from any User Content shared or consumed through the Platform and Services.
You are prohibited from exercising any rights to monetise, compensation or consideration from any User Content within the Platform and Services or on any third party platform or service.
Users of the Platform and Services may also overlay sound, music, film clips, image. graphics, stickers, doodles or range of Virtual Items and other elements provided bv Gistmine (“Gistmine Elements”) onto User Content and transmit this User Content through the Services. The resulting information and materials in the User Content can not be assumed as verified, sanctioned or approved by Gistmine.
Third party operators or services will not have any separate liability to you or any other third party arising out of or in connection with display of your User Content through all the rights you grant in your User Content in these Terms.
You will be responsible for any loss or damage we suffer as a result of your breach of warranty in use of the feature that allows you to upload or transmit User Content through the Platform and Services.
All User Content you upload, post or share will be considered non-confidential. This means You must not post, share or transmit any User Content on the Platform and Services that you consider to be confidential.
You further grant us and our affiliates, agents, operators, services providers, partners and other associated third parties a royalty-free license to use your user name, hashtags registered against you account, image, video clip, graphics, voice, photo, profile avatar to identify you as the source of any of your User Content.
By posting, sharing and transmitting User Content through the Platform and Services, you waive any rights prior review, inspection or approval of any marketing relating to such content.
Additionally, you also waive and agree never to assert any and all moral rights you may have in or with respect of any of the User Content you post, share or transmit through the Platform or Services.
We reserve the right to remove, block or delete any content that you upload should we feel it violates our content standards or platform guidelines.
You control the public visibility and availability of your User Content. You acknowledge and agree that we can not be responsible for any content made available to the public or other users no matter how this occurred. Your profile and User Content can be made private by using the feature provided in the settings area of your account.
We accept no liability for any content or information submitted by users of the Platform and Services which is then displayed.
We are under no obligation to respond, review, consider, or implement any feedback.
Feedbacks or reports should be considered non-confidential and may be disclosed.
You grant us an irrevocably unconditional, non-exclusive, royalty free, fully transferable, perpetual worldwide and unlimited license to alter, adapt, reproduce, distribute, create derivative, modify, publicly perform, display, communicate to the public, use and exploit any Feedback for any purpose and without restriction, free of charge and without attribution of any kind, including commercially.
Our Content
In these Terms and Conditions, “Our Content” shall mean all content, software, API, any audio, video, text, images, sound, music, graphics, logo, trademark, patents, all related intellectual property rights , user interface, user experience, aesthetic or other material (the “Gistmine Content”), either owned or licensed by Gistmine on the Platform or through the Services.
You acknowledge that we have no obligation to screen, edit, review or monitor any content shared by you and other users on the Platform and Services.
Our Content, materials or service may not be used by you for any purpose not stated in this Terms without authorisation.
The Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, leased, rented, sold, licensed or otherwise exploited for any purpose without authorisation.
You acknowledge and agree that we may generate revenues, valuation or increase our value from your use of the Platform and Services through collaborations, promotions, hashtag automated auctions, advertising, sponsorships, tokens or commissions.
You are hereby granted a worldwide non-exclusive, limited, non-transferable, revocable, license to access and use the Platform and Services your personal, non-commercial use in accordance with these Terms.
You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the Platform and Services will automatically terminate.
No rights are granted or licensed to you to sound, music, film and other such works that are made available as raw material through the Platform and Services.
You acknowledge and agree that when you interact with content provided by others on the Platform and Services, you do so at your own risk and should not be relied on.
11. E-mail Communication Consent
By creating an account, you grant Gistmine permission to contact you at the e-mail address provided as well as through any social media accounts (if relevant). You are free at any time to update and manage those details through settings within your Gistmine account.
11. Force Majeure
Operation of our Services may be affected by a number of factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from factors beyond Gistmine’s control.
12. Severity
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
13. Purchasing From Platform
Whenever you use our Platform and Services to order a product or service from Gistmine, our Terms and Conditions will apply to your use of the Platform or Services in addition to these General Terms and Conditions of Sale. The Gistmine reserves the right to refuse or cancel any order or close an account (even if we have previously confirmed your order). If this happens to you and you think we’ve made a mistake, please contact our Customer Services team.
14. Global Use Export / Import
Our Platform and Services is available to global use due to the internet network, however you acknowledge and hereby agree to comply with all local, national and international regulations rules relating to acceptable online interactions, transactions, sanctions or conduct by those laws (including applicable export and import laws).
15. Commercial Reuse
You acknowledge and agree herein that must not copy, replicate, distribute, duplicate, transfer, transmit, broadcast, lease, loan, trade, sell, resell nor exploit for commercial reason any part of the Platform and Service other than that stated in this agreement without clear written authorisation.
16. Third Party Advertising
We may host third party advertising at Gistmine. When we do we take measures to limit the amount of data that is shared with these parties, and use extra protections for customers using our Services from within the United Kingdom and European Economic Area (EEA). The advertising that we run differs depending on where and how you are accessing our Services.
17. Security
You are responsible for maintaining the confidentiality of your password and account, configuring any devices and any activities that occur under your account. The Gistmine shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password, account, devices or order related emails accounts.
18. Accuracy of Content
To the extent permitted by applicable law, Gistmine disclaims all representations and warranties, express or implied, that content or information displayed in or on this Platform and Services is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Content can and will be changed in order to make the information as accurate as possible over time.
19. Links
Gistmine, other users or any third parties may provide links to other websites and/or services . You acknowledge and agree that we are not responsible for the availability of any such external sites, platforms or services, and as such, we do not endorse, nor are we responsible or liable for any content, products, services, advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Gistmine, shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such links, resource or services.
20. Assignment
This agreement does not give rights to any third parties, so you cannot transfer your rights or obligations under this agreement without prior consent from us.
Our rights and obligations can be assigned, transferred or subcontracted to others without notification.
21. Indemnity
You hereby agree to defend, indemnify and hold harmless to the fullest extent Gistmine, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all from and against any and/or all liabilities, costs, demands, causes of action, losses, damages and expenses including attorney’s fees and cost arising in any way related to your breach of any of the provisions of these Terms.
22. No Warranties
Our Platform or Services is provided “as is,” with all faults, and Gistmine express no representations or warranties, of any kind related to this Platform and Services, your use or the materials contained on this Platform and Services. Also, nothing contained on this Platform and Services shall be interpreted as advising you.
To the extent allowed under applicable law, no conditions, representations, warranties, statements or other terms including satisfactory quality, fit for purpose or consistent with description apply to the Platform and Services except to the extent set out herein. We may change, suspend, withdraw or restrict the availability of all or any part of our Platform or Services any reason at any time without notice.
23. Limitation of Liability
In no event shall Gistmine, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Platform or Services whether such liability is under contract. Gistmine, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Platform or Services.
You are responsible for any charges including from your mobile service provider that may apply for the use of the Platform and Services.
Gistmine Platform and Services is provided for private and domestic use. You agree not to use the platform or Services for business or commercial unless authorised to do so by us.
24. Open Source
The Platform and Services may contain certain open source software. Those elements of open source software is subject to its own applicable license terms.
25. No Waiver
Our failure to insist upon or enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right under these Terms nor shall it prevent or restrict the further exercise of those rights or any other rights.
26. Privacy Policy
You acknowledge and agree that in certain circumstances, we reserve the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded to our Platform and Services constitutes a violation of their intellectual property rights, or their right to privacy.
These Terms of Service incorporate the terms of Gistmine Privacy Policy
27. Entire Agreement
These Terms constitute the entire agreement between Gistmine and you in relation to your use of this Platform and Services, and supersede all prior agreements and understandings.
28. Governing Law and Jurisdiction
These Terms and any dispute or claim will be governed by and interpreted in accordance with the laws of England and Wales, and you submit to the non-exclusive jurisdiction of the courts located in England and Wales within the United Kingdom.