Terms of Service

Last Updated: 9 Jan, 2014

By accessing or using the Stacker App, API and/or Website ("Service"), all services of GDiz LLC and/or GDiz Software Pvt. Ltd.("GDiz") including but not limited to Stacker, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
If you do not agree to All the Terms and conditions of this agreement, then you may not access the Website or use any part of the Service.

Violation of any of the terms below will result in the termination of your Account. While GDiz prohibits such conduct and Content on the Service, you understand and agree that GDiz cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

GDiz reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.getstacker.com/terms
It is your responsibility to check this Agreement periodically for changes.

Account Terms

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, a valid credit card and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. GDiz cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have been added as Collaborators on your account).
If you are using a free account you are not permitted to block ads.
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
GDiz may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. GDiz may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.

API Terms

Customers may access their Stacker account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Stacker, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that GDiz shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GDiz has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to GDiz via the API may result in the temporary or permanent suspension of your account's access to the API. GDiz, in its sole discretion, will determine abuse or excessive usage of the API. GDiz will make a reasonable attempt via email to warn the account owner prior to suspension.
GDiz reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for optional premium services on Stacker
By selecting a premium service you agree to pay GDiz the monthly or annual subscription fees indicated for that service.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only US/Indian (federal or state) taxes.
For any Increase or Decrease in the premium service level on the account, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Additionally, if these changes are made mid-billing-cycle, you may be immediately charged a pro-rated fee to cover the difference in price for the additional features on your account until the next billing cycle.
Downgrading your Stacker Plan may cause the loss of features or capacity of your Account. GDiz does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time using the “Delete Account” option on the “Billing” settings page (accessible after clicking ‘More’ in the Main menu at the top of the page)
All of your Content will be deleted within 60 days from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
GDiz, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other GDiz service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. GDiz reserves the right to refuse service to anyone for any reason at any time.
GDiz can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modifications to the Service and Prices

GDiz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Stacker Site (getstacker.com) or the Service itself.
GDiz shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim NO intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
GDiz does not pre-screen Content, but GDiz and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is Copyright 2014 GDiz All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from GDiz.
All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.

Special Provisions Applicable to Software

If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email or/and via our support portal at http://support.getstacker.com
You understand that GDiz uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GDiz, or any other GDiz service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GDiz.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GDiz customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 1000 MB/month per Account, or significantly exceeds the average bandwidth usage (as determined solely by GDiz) of other Stacker/GDiz customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
GDiz does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You agree to indemnify and hold harmless GDiz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation this Agreement.

You expressly understand and agree that GDiz shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GDiz has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of GDiz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GDiz and govern your use of the Service, superceding any prior agreements between you and GDiz (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support [at] getstacker [dot] com

Notification of Copyright Infringement Claims

GDiz is committed to compliance with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify GDiz, if they believe that an account user of a GDiz application has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted in writing to GDiz's designated agent for receiving such notifications.

By email: support [at] getstacker [dot] com

By Mail -
GDiz LLC
340 S Lemon Ave #4349
Walnut, CA 91789
United States

Development and Design Office -
GDiz Software Pvt. Ltd.
#8,9 BizzBay,
N.I.B.M. Road,
Pune 411048
India

Phone -
+1-800-815-8458

To be effective, the notification of claimed infringement must be a written communication and must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit GDiz to locate the material.
Information reasonably sufficient to permit GDiz to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.