Terms of Service

Terms

By using Giant Cursor or accessing the giantcursor.com web site, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using Giant Cursor or accessing this web site. Giant Cursor and the materials contained in this web site are protected by applicable copyright and trademark law.

Disclaimer

Giant Cursor and the materials on this web site are provided on an 'as is' basis. the developer makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the developer does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of Giant Cursor or the materials on this web site. Neither the developer nor any person associated with the developer makes any warranties or representations with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the developer nor anyone associated with the developer represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations. the developer hereby disclaims all warranties of any kind, expressed or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitations

Giant Cursor uses APIs provided by Apple, and the developer makes no guarantees that Giant Cursor will work properly on every single device or every version of macOS. In no event shall the developer be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Giant Cursor or the materials on the giantcursor.com Internet site, even if the developer or a giantcursor.com authorized representative has been notified orally or in writing of the possibility of such damage. Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the developer has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the developer, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

Prohibited Uses

You may use Giant Cursor only for lawful purposes and in accordance with these Terms of Service. You agree not to use Giant Cursor:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content.
To impersonate or attempt to impersonate the developer, the developer personnel, another user, or any other person or entity.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
In any way that restricts or inhibits anyone's use or enjoyment of the developer's services or which, as determined by the developer, may harm the developer or users of the developer's services or expose them to liability.

Additionally, you agree not to:

Use Giant Cursor in any manner that could disable, overburden, damage, or impair Giant Cursor or corresponding APIs, interfere with any other party's use of Giant Cursor or corresponding external APIs, including their ability to engage in real-time activities through Giant Cursor.
Use any robot, spider, or other automatic device, process, or means to access this web site for any purpose, including monitoring or copying any of the material on this website.
Use any manual process to monitor or copy any of the material on this web site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Giant Cursor.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Giant Cursor, the server on which Giant Cursor is stored, or any server, computer, or database connected to Giant Cursor.
Take any action that may damage or falsify Giant Cursor's rating.
Otherwise attempt to interfere with the proper working of Giant Cursor or this web site.

Error Reporting and Feedback

You may provide us directly at contact@clemstation.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the developer may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the developer is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the developer and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

About the Terms of Use

The developer may revise these terms of use for Giant Cursor and this web site at any time without notice. It is your responsibility to review these Terms of Service periodically. Your continued use of Giant Cursor following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use Giant Cursor and this web site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Giant Cursor or this web site.