These Terms constitute a legal agreement between you and Heypster SAS. Please be aware of your rights and ours before using heypster-gif.
By using heypster-gif, you agree to be bound by these Terms. From time to time, we may modify or update these Terms, effective upon their posting on the heypster-gif website. If you use heypster-gif after such a change, you accept these Terms as modified. You also agree that heypster-gif is merely a platform for hosting GIFs and we are not responsible for the content posted on it in terms of copyright as permitted by U.S. Fair Use. These are the legal rules that provide exceptions to the exclusive rights of the author over their work, with acceptable use of copyright.
In other words: By using anything offered by heypster-gif, you automatically agree to this legal agreement. You also agree to any updated version of this agreement by continuing to use heypster-gif.
The services offered by heypster-gif are not intended for anyone under 16 years old or intended to be used by them. By using heypster-gif, you represent and warrant that you are at least 16 years old. If you are under 16, you cannot, under any circumstances or for any reason, use heypster-gif. If you are a resident of the European Union, the United Kingdom, Liechtenstein, Norway, or Iceland, you must also be at least 16 years old to use heypster-gif.
No user account is required to use heypster-gif. However, you must have an Apple account to download our application from the App Store or the Mac App Store.
The following additional terms apply if you download our application from the App Store. To the extent that other terms of these Terms are less restrictive or otherwise inconsistent with the terms of this section, the more restrictive or inconsistent terms contained in this section shall apply but only with respect to the Application and the App Store. You acknowledge and agree that:
These Terms are concluded solely between you and Heypster SAS and not with the App Store. Heypster SAS is solely responsible for its applications. To the extent that these Terms provide usage rules for the Application that are less restrictive or inconsistent with the applicable App Store terms, the more restrictive or inconsistent App Store terms shall prevail and apply.
The App Store has no obligation to provide maintenance and support services concerning the application. Heypster SAS is solely responsible for product warranties, whether express or implied by law, to the extent that it has not waived them. The App Store has no warranty obligation concerning the Application and any other claims, losses, liabilities, damages, costs, or expenses attributable to non-compliance with any warranty will be the sole responsibility of Heypster SAS.
Heypster SAS, and not the App Store, is responsible for addressing any claims you or a third party may have concerning the Application or your possession and/or use of the Application, including but not limited to: product liability claims; any claim that the Application fails to comply with applicable legal or regulatory requirements; claims arising from consumer protection or similar legislation; and/or claims concerning intellectual property rights.
We do not grant any licenses and retain all proprietary rights to the heypster- gif application and website.
The services offered by heypster-gif may contain copyrighted content (such as text, graphics, photographs, images, and illustrations), trademarks, and other information, and we do not grant any licenses.
You must not modify, sell, license, exploit any content for commercial purposes, or in a manner that violates the rights of third parties. We may remove or block any content at our sole discretion at any time, without notice, and for any reason or no reason at all.
In general, you are authorized to use the content you find on heypster-gif only for personal, non-commercial purposes. We may remove or block any content on heypster-gif at any time.
You agree to use heypster-gif only for lawful purposes and to comply with these Terms and all applicable laws.
You must not use the content you obtain through the heypster-gif applications and services to create a database, directory, or index containing GIFs or digital stickers, or to enhance, modify, augment, or supplement any existing database, directory, or index containing GIFs or digital stickers. Otherwise, legal action may be taken.
You acknowledge that we have no control over and have no obligation to take any action regarding: the content you access through heypster-gif; the effects that the content may have on you and how you may interpret or use the content; or the actions you may take as a result of your exposure to the content. We are not responsible for the accuracy, copyright compliance, legality, or decency of the content in heypster-gif.
In other words: The Services are provided “as is.” You are solely responsible for how you choose to use the Services or any actions you take as a result of your use of the Services on heypster-gif.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available defenses.
In other words: We hope this never happens, but just in case, you agree to reimburse us for any loss we suffer related to your use or misuse of the heypster-gif Services, breach of this agreement, or violation of a third party’s rights like the App Store.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT SUPPLIERS, BE LIABLE UNDER STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, FOR ANY LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, GOODS, OR SERVICES OF SUBSTITUTE.
n other words: Our legal liability to you is limited. Please understand that we cannot run our business without it.
These terms are governed by and construed in accordance with the laws of the European Union, without regard to its conflict of law provisions.
In other words: French and European Union laws apply to this agreement.
We provide applications to access heypster-gif via a mobile device. These applications are subject to these terms and restrictions.
There are a few more points we need to mention before you can use heypster-gif. First, the basic clauses found at the end of all contracts (we agree, they are boring…).
These Terms of Use, which we may modify from time to time, constitute the complete agreement between you and Heypster SAS. The Terms supersede any prior agreements, representations, or arrangements between us, written or oral. Nothing in this clause limits or excludes any liability for fraudulent misrepresentation
Heypster SAS has taken reasonable steps to ensure the timeliness, availability, accuracy, and completeness of the information contained on heypster-gif and provides this information as is and as available. Heypster SAS does not provide any warranties or representations of any kind regarding the information contained on heypster-gif, whether express or implied. Your use of heypster-gif is at your own risk. Heypster SAS cannot be held responsible for your use of our applications.
You agree that heypster-gif will not be provided without interruptions or errors, that some defects may not be corrected, or that Heypster SAS, or the server that makes it available, is without bugs. Heypster SAS is not responsible for any damage to your computer hardware, software, or other equipment or technology, including but not limited to damages resulting from a bug, alteration, error, interruption, defect, delay in operation or transmission, computer line or network malfunction, or any other technical or other malfunction.
We know our Terms of Use are fantastic, but we sometimes need to change them. As heypster-gif evolves, we are likely to need to modify our Terms of Use. We reserve the right to modify, change, or amend the Terms of Use at any time (a “Modification”). When this happens, the Modifications will appear on this page, and we will indicate the effective date of the updates at the bottom of these Terms of Use. We cannot send you a message to inform you of the Modifications because we do not collect your data (see our privacy policy). So check this page regularly to stay informed of the Modifications. We want our users to be as informed as possible.
By continuing to use heypster after a Modification, you accept this Modification and will be legally bound by the updated Terms of Use. If you do not agree to the Modifications to the Terms of Use, you must immediately stop using heypster-gif (this will be tough!).
If for any reason any of the Terms is declared illegal, invalid, or otherwise unenforceable by a court or competent jurisdiction, it will be deleted, and the rest of the terms will remain in full force and effect, binding and enforceable.
The waiver or delay in exercising rights, powers, or privileges under these terms does not constitute a waiver of those rights nor does it modify the Terms of Use. The partial or single exercise by one of the parties of a right, power, or privilege does not prevent further exercise of that right or the exercise of any other right, power, or privilege under these terms.
You represent and warrant that:
You are not located in a country that is subject to a U.S./French government embargo or that has been designated by the U.S./French government as a “terrorist-supporting” country.
You are not listed on any U.S. government list of prohibited or restricted parties.
By using heypster-gif, you accept and acknowledge that heypster-gif is an international service provided by servers located in France.
Your access to our applications, our Content, and these Terms of Use is governed by and interpreted in accordance with French laws. By using the application, you consent to the exclusive jurisdiction of French courts. You accept the jurisdiction and venue of these courts and waive any objection regarding the inconvenience of the location of the court. You agree not to file or participate in a class action lawsuit against us. In the event of a discrepancy between the French version and the translated copies of our Terms of Use, the French version prevails.
These terms of use were last updated on
July 7, 2024.