RedGIFS Terms of Service Follow
RedGIFS
Terms of Service
Effective Date: September 29, 2025
Introduction
These Terms of Service (“Terms”) are an agreement between you and Vergil Services, Inc. (“RedGIFs,” “we,” “us,” and “our”) that governs your use of (a) the websites, mobile applications, and other online platforms operated by RedGIFs where these Terms are posted (the “Platforms”), including www.redgifs.com (the “RedGIFs Website”), and (b) any services, features, and functionalities available on the Platforms (the “Features” and, together with the Platforms, the “Sites”).
Please read these Terms carefully before using the Sites. Among other provisions that affect your legal rights, these Terms include an arbitration requirement and class action waiver set forth in Section 14, which, subject to limited exceptions, requires you and RedGIFs to arbitrate any Disputes (defined below) on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.
By (a) accepting these Terms using a mechanism made available on the Sites (such as by clicking an “I Agree” button or checking a box) or (b) otherwise using the Sites for any purpose other than solely to review these Terms, you expressly represent that you (i) have reached the age of majority in your jurisdiction of residence (which is 18 in most U.S. states but higher in others) and (ii) agree to be bound by these Terms. If you do not meet the foregoing age requirement, if you do not agree to all provisions of these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.
If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Sites, and to the Organization you represent.
Additional Terms
The Sites are subject to additional terms, conditions, rules, policies, and guidelines (“Additional Terms”), including our Privacy Policy and Acceptable Use Policy.
We may present Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms will control, but only to the extent necessary to give effect to the relevant provision of the Additional Terms.
Updates to these Terms
These Terms may be modified by RedGIFs at any time. When we modify these Terms, we will provide notice to you by updating the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or other reasonable means. Your continued use of the Sites after any changes constitutes your agreement to be bound by the Terms as modified.
Privacy
Please review our Privacy Policy, which governs your submission of personal information through the Sites. By agreeing to these Terms, you are hereby representing to RedGIFs that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You understand and agree that (a) we are justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, we may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.
Accounts
To access certain aspects of the Sites, it will be necessary to create an account (an “Account”), which may require you to select a username and password. You agree (a) to provide accurate and complete information and (b) not to act in a false or misleading manner during the Account creation process. Without limiting the preceding sentence, you agree not to adopt a username with the intention of imitating any other person or entity. You are solely responsible for maintaining the secrecy of your Account credentials and other sensitive Account information and for restricting access to your Account. You are fully responsible for the acts and omissions of any person that uses the Sites while logged into your Account.
Ownership of the Sites
A. RedGIFs Content
The contents of the Sites, including all text, images, videos, audio, designs, graphics, Trademarks (defined below), software, source and object code, data compilations, and the design, selection, and arrangement thereof (collectively, the “RedGIFs Content”) is the property of RedGIFs or its licensors and may not be used in any manner without prior written permission of the content owner. The RedGIFs Content is an element of the Sites; as such, any reference to the “Sites” herein includes the RedGIFs Content.
B. Your Limited License to Use the Sites
i. The License
We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. RedGIFs reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.
Under the License, you are permitted to use the Sites only in the following limited ways: (a) you may access and browse the Sites, and use the features made available to you thereon, using a device that you own or are authorized to use (a “Device”); (b) your Device may temporarily store copies of the RedGIFs Content incidental to your use of the Sites; and (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device.
You may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any RedGIFs Content without the prior written consent of RedGIFs or, if applicable, the relevant licensor. Any unauthorized use of the RedGIFs Content may violate copyright laws, trademark laws, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
ii. Trademarks
The RedGIFs Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of our or our licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.
iii. Use for Litigation Purposes
Finally, the Sites are intended for users genuinely interested in our products and services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.
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User Content
A. User Content Disclaimer
The Sites permit users to upload, post, transmit, and otherwise make available (collectively, “post”) certain content, including images, GIFs, video clips, live streams, and text (collectively, "User Content”). Much or all of the Adult Content on the Sites is User Content.
USER CONTENT HAS NOT NECESSARILY BEEN REVIEWED OR APPROVED BY REDGIFS, AND WE, THEREFORE, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE APPROPRIATENESS, LEGALITY, ACCURACY, COMPLETENESS, OR ANY OTHER ASPECT OF ANY SUCH CONTENT. ANY VIEWS OR OPINIONS EXPRESSED IN USER CONTENT BELONG TO THE USERS WHO SHARED THE CONTENT AND NOT TO REDGIFS. IF YOU VIEW OR OTHERWISE ENGAGE WITH ANY USER CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, ANY USER CONTENT.
B. Your License to RedGIFs
If you post User Content on the Sites, (a) you grant to RedGIFs a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable license to (i) reproduce, translate, publish, distribute, display, broadcast, modify, alter, create derivative works of, and otherwise exploit and use such User Content in any manner throughout the world, in any media or format, and for any purpose related to the Sites or our business, and (ii) use your name, alias, image, likeness, voice, biographical information, and any other indicia of identity or persona in connection with your User Content and the exercise of the foregoing rights; and (b) to the maximum extent permitted by applicable law, you waive and release any and all rights of publicity, privacy, or any other rights of a similar nature in and to your User Content, including those pertaining to the use of your image, likeness, and persona, and (c) you understand and agree that you shall receive no compensation and shall have no right to attribution or approval in connection with the rights and waivers granted under (a) and (b), unless expressly agreed to in a separate written agreement between you and RedGIFs (the foregoing licenses, waivers, releases, and understandings being, collectively, the “User Content License”). RedGIFs may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.
User Content shall not be deemed confidential, and RedGIFs shall not have any obligation to keep such content confidential. You acknowledge and agree that, pursuant to the User Content License, we shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and services incorporating or based on your User Content, all without any compensation or attribution to you.
C. Private Submissions
Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an Account (defined below). Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. However, personal information included in User Content that is intended for public display on the Sites is licensed to us pursuant to the User Content License.
D. Use of Third-Party User Content
All User Content on the Sites is considered RedGIFs Content. As such, aside from the limited rights to access and use the RedGIFs Content granted in these Terms, you may not use or exploit User Content shared by a third party in any way.
E. Your Responsibilities when Posting User Content
You acknowledge and agree that you are solely responsible for any User Content you post on the Sites. By posting User Content, you represent and warrant to RedGIFs that your content complies with all provisions of these Terms, including, without limitation, the content restrictions set forth in our Acceptable Use Policy.
Sharing Features
The Sites include features that allow you to share certain User Content by copying and pasting a hyperlink to the content or embedding it on an External Site (“Sharing Features”). Under the License, you are allowed to use the Sharing Features, subject to your compliance with all other provisions of these Terms.
You represent and warrant that, if you use the Sharing Features, you (a) will do so in compliance with all applicable laws; (b) will not state or imply any endorsement of or affiliation with the External Site where the hyperlink or embedded content is established (the “Linked Site”) by RedGIFs; (c) will ensure that the Linked Site includes no content that you would be prohibited from posting on the Sites under these Terms; and (d) will not violate any terms and conditions, community guidelines, acceptable use policies, or other agreements, guidelines, or policies applicable to the Linked Site.
In addition to using the Sharing Features, you are permitted to establish a hyperlink to the homepage of the RedGIFs Website or any other Sites, provided that, in doing so, you comply with the requirements set forth in the preceding paragraph. Except when using the Sharing Features, you may not establish a deep link or otherwise hyperlink to any webpage other than a homepage of the Sites.
You agree to cooperate with us as requested to remove any hyperlinks or embedded content that we determine violate these Terms. We reserve the right to revoke any of the linking or embedding permissions granted in this Section 8 at any time and without notice. We further reserve the right to disable or remove any hyperlinks or embedded content as we deem necessary or appropriate.
Video Content; Cookies
The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Additionally, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Sites (collectively, “Cookies”). You understand and agree that RedGIFs utilizes Cookies to operate the Sites, including to facilitate your viewing of Video Content and to process requests for Video Content.
Cookies may result in information about your use of the Sites, including information related to the webpages and Video Content that you access, being transmitted from your browser to RedGIFs and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, applications, platforms, products, or services (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to External Sites, (a) you are consenting to the use of Cookies on the Sites and such transmissions to External Sites, (b) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by RedGIFs under the Video Privacy Protection Act (18 U.S.C.A. § 2710) (“VPPA”), (c) such disclosures are conducted in the ordinary course of RedGIFs’ business, (d) such transmissions will not result in any injury to you, (e) all of Video Content provided through the Sites is intangible streamed content, and is therefore not “material” or in any way similar to prerecorded video cassette tapes, and (f) you will not initiate any litigation or otherwise assert any claim against RedGIFs based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), similar common law claims, or any other statute, regulation, or cause of action. All of the foregoing conditions are material to our ability and willingness to grant the License. If you do not agree to any of these representations, you are prohibited from using the Sites.
Chatbots
The Sites may include a chatbot service (the “Chatbot”), which may be powered by generative artificial intelligence. If you interact with the Chatbot, you are not communicating with a human representative of RedGIFs; you are communicating with an automated software system that generates responses to your inputs (“Chatbot Output”). The Chatbot is provided for the limited purpose of providing information and responding to inquiries concerning the Sites and our Services. You agree to use the Chatbot solely for the intended purpose set forth in the preceding sentence and in compliance with these Terms.
Chatbot Output is provided for general informational purposes only. You should always verify Chatbot Output and should never rely solely on it. You agree that you are responsible for any decisions made or actions taken by you based, in whole or in part, on Chatbot Output. Unless we state otherwise in writing, any views or opinions expressed in Chatbot Output do not necessarily reflect those of RedGIFs. Chatbot Output may not be unique across users, meaning the Chatbot may generate the same or similar content for other users. You have no ownership or other proprietary interest in any Chatbot Output.
You understand and agree that information that you share with the Chatbot might not be kept confidential. As such, you should not share any sensitive or personal data, or any proprietary or confidential information, with the Chatbot. Your interactions with the Chatbot may be recorded and retained by RedGIFs for the purpose of addressing your inquiries and otherwise assisting you, improving the operation of the Chatbot, and for any other purposes described in our Privacy Policy, and we may disclose these records to third parties in a manner consistent with our Privacy Policy.
Acceptable Use of the Sites
A. Prohibited Conduct
By agreeing to these Terms, you are representing to RedGIFs that you have read and agree to comply with our Acceptable Use Policy. The Acceptable Use Policy sets clear standards for lawful and responsible behavior on the platform, helps protect users from illegal or harmful content, and ensures compliance with the unique legal and safety requirements that apply to adult content websites.
B. Monitoring & Enforcement
RedGIFs has the right, but not the obligation, to monitor the Sites for the purpose of determining and enforcing compliance with these Terms. Further, we shall be free to delete, remove, modify, or refuse to post any User Content if we determine (a) that the content violates these Terms, (b) that the content is stale or off topic for the applicable portion of the Sites, or (c) that doing so is otherwise necessary or convenient in connection with our administration of the Sites.
RedGIFs reserves the right to disclose any information, including your identity, Account information, and information about your use of the Sites, as we deem necessary to (a) enforce these Terms; (b) satisfy any applicable law, regulation, legal process, or governmental request; or (c) respond to claims that the Sites or your activities in connection therewith violate the rights of third parties, and you hereby waive any claims related to or resulting from any action or inaction of RedGIFs in connection with any of the foregoing.
C. Reviews
Notwithstanding the use restrictions in our Acceptable Use Policy or elsewhere in these Terms, nothing in these Terms shall prohibit or restrict your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about RedGIFs, its employees or agents, or its Products, to the extent that such Reviews are protected under applicable law, including, for example, a (a) “statement” protected by Cal. Civ. Code § 1670.8 or (b) “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REDGIFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, REDGIFS MAKES NO WARRANTY THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR ACCESSIBLE AT ALL TIMES OR FROM ALL LOCATIONS; (C) THE REDGIFS CONTENT WILL BE ACCURATE OR RELIABLE; (D) THAT YOU WILL FIND THE REDGIFS CONTENT TO BE SUITABLE OR UNOBJECTIONABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (F) ANY ERRORS ON THE SITES WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, PROVIDED BY REDGIFS, BY A REDGIFS EMPLOYEE OR AGENT, OR ON THE SITES, SHALL CREATE ANY WARRANTY WITH RESPECT TO YOUR USE OF THE SITES.
B. LIMITATION OF LIABILITY
REDGIFS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS, AND EACH OF THEIR OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, AND LICENSEES (THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, STATUTORY, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES OR THEIR USER CONTENT; OR (E) DAMAGES RELATING TO THE DELAY, FAILURE, INTERRUPTION, DISCLOSURE, OR CORRUPTION OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES.
FURTHER, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE EXCEED THE GREATER OF (A) $250 USD OR (B) THE TOTAL AMOUNT PAID BY YOU TO REDGIFS IN CONNECTION WITH TRANSACTIONS ON THE SITES IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE (OR, IF THE DISPUTE INVOLVES MULTIPLE CLAIMS, THE DATE ON WHICH THE FIRST SUCH CLAIM AROSE).
THE TERMS OF THIS SECTION 12(B) SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12(B) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REDGIFS, AND THAT REDGIFS WOULD NOT BE ABLE TO PROVIDE THE SITES OR ANY PRODUCTS WITHOUT SUCH LIMITATIONS.
C. ADDITIONAL RIGHTS
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (“WARRANTY AND LIABILITY EXCLUSIONS”). ACCORDINGLY, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, SOME OF THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS MIGHT NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. NOTHING IN THESE TERMS SEEKS TO IMPOSE WARRANTY AND LIABILITY EXCLUSIONS IN A MANNER THAT IS PROHIBITED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, WHETHER IN THIS SECTION 12 OR ELSEWHERE, SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify, hold harmless, and, at their option, defend the Released Parties from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) your breach of these Terms; (b) any User Content you share; (c) your interactions with other users; and (d) your violation of any law or the rights of any third party.
You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required absent our prior written consent.
Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.
Disputes; Arbitration
If there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, including any Products displayed on or purchased from the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (each, a “Dispute”), you and RedGIFs hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 14, even if the Dispute arose prior to the Effective Date of these Terms.
A. Informal Dispute Resolution
You and RedGIFs agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and RedGIFs. As such, your Dispute and those of others may not be combined into a single Dispute Notice.
Dispute Notices shall be sent as follows:
To RedGIFs: You must send notice by (a) first class or certified mail to 11766 Wilshire Blvd. Suite 900, Los Angeles, CA 90025 and (b) by email to support@redgifs.com.
To You: We will send notice by (a) first-class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.
You and RedGIFs will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, you and RedGIFs are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and RedGIFs (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. RedGIFs will participate in the Conference through one or more representatives, which may include our counsel.
Both you and RedGIFs agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.
B. Individual Arbitration
IF ANY DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND REDGIFS AGREE THAT SUCH DISPUTE SHALL BE DECIDED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND YOU AND REDGIFS EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.
Any such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. You and RedGIFs agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 14 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.
C. Mass Arbitration
This Section 14(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.
If you or RedGIFs files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or RedGIFs) by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.
You and RedGIFs agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 14 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
D. Exceptions
In lieu of the dispute resolution procedures in Section 14(A)-(C), you or RedGIFs may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms.
You and RedGIFs agree that, to the extent permitted by applicable law, any claims referenced in the preceding paragraph must be brought and maintained on an individual basis. In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Choice of Law & Forum
A. Choice of Law
These Terms and your use of the Sites shall be governed by the laws of the United States and the state of Delaware, without regard to principles of conflict of laws. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C., Secs. 1-16.
B. Choice of Forum
Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant Section 14, including those referenced in Section 14(D), shall be resolved by a court located in the state of Delaware, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Changes to the Sites
We reserve the right to modify, suspend, or discontinue the Sites and any aspect thereof, and you agree that RedGIFs shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Sites.
Termination of these Terms
These Terms will continue to apply until terminated by either you or RedGIFs. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time if (a) we believe you have breached these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Sites and, if applicable, deleting your Account. If you need assistance deleting your Account, please contact us using the contact information provided in Section 19.
If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by RedGIFs, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by RedGIFs or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.
The following provisions shall survive the termination of these Terms: Sections 4, 6 (excluding the License), 12, 13, 14, and 18, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
Miscellaneous
A. Interpretation
In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by RedGIFs, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.
B. Severability
If any provision of these Terms is deemed invalid, void, or for any reason unenforceable by a court or authority of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
C. Waiver
The failure of you or RedGIFs to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
D. Entire Agreement
These Terms (including, for clarification, any Additional Terms) set forth the entire understanding and agreement between you and RedGIFs with respect to your use of the Sites.
E. Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
F. No Relationship
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and RedGIFs.
G. Compliance with Laws
RedGIFs controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so at their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
H. Notice to California Residents
IF YOU ARE A CALIFORNIA RESIDENT, WITH RESPECT TO ANY WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Further, California residents may reach (a) us at the contact information provided in Section 22 and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
I. Notice Regarding Apple
If you download any of our Apps from Apple, Inc’s (“Apple”) App Store, or if you are using an App on an iOS device, the following terms and conditions apply to you:
These Terms are between you and RedGIFs. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof. To the extent that you download an App from the App Store or use an App on an iOS device, the License is (a) limited to a license to use the App on Apple-branded products you own or control and (b) subject to (i) the Usage Rules set forth in the App Store Terms of Service and (ii) any applicable third-party terms.
Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
J. Admissibility
You agree that all agreements, notices, disclosures, and other communications that RedGIFs provides to you (a) via a notice on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Us
If you have any questions, comments or concerns about the Sites or these Terms, please contact us at:
11766 Wilshire Blvd. Suite 900, Los Angeles, CA 90025
+1 (845) 377-2648 | support@redgifs.com