Please read these Terms of Service and review it with your children who use our Website. This document contains valuable information that will help keep your children safer while online as well as information regarding the use of our Website. It is a legal document that addresses the use and operation of giantHello.com.
giantHello.com (the "website") allows Users (you and your children) to interact with a network of friends. By using giantHello.com, you acknowledge that you have read, understood , and agree to be bound (and agree on behalf of your child) to these Terms of Service, including the End User License Agreement, Privacy Policy, and Code of Conduct which are incorporated into these Terms by this reference. If you do not agree to all of these Terms of Service, do not use this Website! Chipzco, Inc., d/b/a giantHello ("giantHello" or giantHello.com) may revise and update these Terms of Service at any time. We will post the date last updated at the top of these Terms of Service. In addition, a notification of any updates or changes to our policy will be posted on our homepage, and in some instances, you may receive an e-mail alerting you to the changes in our Terms of Service. Please check and see if it has been updated since your last review. Your continued usage of the Website will mean you accept those changes.
Users are prohibited from impersonating any person or misrepresenting an identity or age, including, without limitation, using a minor's username, password or other account information, or a minor's account or name, likeness, voice, image or photograph. Users are also forbidden from intimidating, harassing or harming minors whilst using or accessing this website. Any attempt to communicate with minors whilst impersonating a minor or falsely stating or otherwise misrepresenting oneself as a minor is strictly forbidden. Users who do not abide by the Code of Conduct, set forth in these Terms of Service, will have their accounts suspended or terminated.
We take precautions to protect the children using this website from any prohibited act on giantHello. ANY ADULT FOUND IMPERSONATING A MINOR OR HARMING A MINOR IN ANY OTHER WAY ON giantHello, MAY BE COMMITTING A CRIMINAL OFFENSE UNDER THE APPLICABLE CRIMINAL LAW AND BE LIABLE TO PROSECUTION.
Back to TopIn order to register for a giantHello account, children must create a username and password, and enter their birthday and gender. Usernames should not contain real names, or any portion thereof. Passwords should be "easy to remember, but hard to guess." If the child is under the age of 13, they may access limited features of the giantHello site such as games and fan pages. Children who use the site in the aforementioned manner will not be able to post any personally identifiable information.
Before kids are allowed to post personally identifiable information giantHello requires that they have their parent's approval. In order to keep the site safer, and in compliance with the United States of America Government's Children's Online Privacy Protection Act of 1998, we offer a Public and Private Mode setting that parents can toggle to manage the communication and information privacy of their child.
Accounts created by users who are under 13 have Private Mode turned on and "locked." We then notify the parent by email that their child has created a giantHello account, at which point they have the option, at their sole discretion, to change this setting to Public Mode.
The Private Mode is the preferred mode for parents looking for the ultimate in online safety. This option prohibits users from interacting with friends, posting images and messaging. Users can still fan pages and play games. The Public Mode enables members to interact with friends, post images and send messages. However, messages that are typed first go through a sophisticated filter that blocks inappropriate words and phrases. Please note: Although our filter is continuously being updated and improved, some inappropriate comments may get through. In the event that this happens, members have easy access to a "report abuse" feature.
If a user is over the age of 13 or has parental consent, they will have access to the entire site.
Back to TopThe best thing about giantHello is friends -- and adding them is easy! There are three ways to invite your real life friends to connect on giantHello: 1. From the giantHello homepage, users can enter their friend's name and e-mail (optional) and click "Create Invite". If an e-mail address has been entered, the friend will receive an e-mail message from giantHello with the User's first name and icon, asking to confirm the friendship. Regardless of whether the friend is already a giantHello user, they will have to log in to click accept on the users homepage. Once they have accepted the two friends will be linked on giantHello. 2. If no e-mail address is entered, users will be guided to a printable invitation that they can simply hand a friend. The invitation will have a 9 digit code that the friend can enter once on giantHello and the two users will be connected.
In either case, if invited friends are not yet members of the giantHello community, they will first need to create a giantHello account (and verify parental consent). Once completed they can connect with their friends. The third way friends connect is for a child to send a Friendship Request to a friend of one of their confirmed friend's friends. It's then up to that kid to either accept or deny the invitation.
Back to TopParents will appreciate the built-in Parental Controls which enable Mom or Dad to delete or deactivate accounts when they please. From the Parental Controls page, parents can also add other children for FREE.
Back to TopThe giantHello site is designed to allow users to safely communicate ONLY with friends who 1) they have emailed or given a coded invitation to, or 2) they have identified as friends of their existing confirmed friends. Users are also able to become "fans" of celebrities, products, games, places, and various forms of media. With Fan pages, the users can write on the walls but the actual companies, or persons represented by the Fan page cannot see the users profile not contact them. While other Fans of the page can be seen by users (limited to a small user avatar picture), individual profiles are kept private. If a user knows one of the other Fans, they can click on the Fan's avatar and be directed to an invite option.
The giantHello web platform is designed to prevent users' postings (writings and images) from being picked up by search engines
Communications on many areas of the site are filtered for inappropriate language
There are no Search controls, so no one can arbitrarily contact site users
When visiting a friend's profile, users can only view the "friend's friends" that are mutual friends. They can however see a small image of the other user's friends and if they think they know the person they can click on the avatar which will guide the user to the invite a friend page.
When responding to issues concerning a child's account, such as if they've posted inappropriate content, giantHello sends alert messages to both parent and child
Back to TopThis Agreement remains in full force and effect while you use the Service and/or remain a User. Parents may delete a child's giantHello.com account at any time via the Parental Controls Management Page. (You need to login in to your account in order to access the Parental Controls). Additionally, giantHello.com reserves the right to terminate your account for any violation of this Terms of Service.
Back to TopYou agree that we may modify this Agreement, the End User License Agreement ("EULA"), and Privacy Policy from time to time and such modification shall be effective when posted by giantHello.com on the Service. Your continued use of this Service shall serve as your consent to be bound by any such modifications.
Back to TopThe visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Except for the Content owned and posted to the Service by users or our strategic partners, all Materials are the copyrighted property of Chipzco, Inc., giantHello, giantHello.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to giantHello.com or its affiliates and/or third-party licensors. Except as expressly authorized by giantHello.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Back to TopYou agree to the following conditions regarding any content, messages, blogs, media, photos, or profile information (collectively, "Content") that you publish, post, or display (hereinafter, "post") on the Service:
It is giantHello.com's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof, and you believe that any content hosted on the giantHello.com website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing giantHello.com's Designated Copyright Agent with the following information in writing:
giantHello.com's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: E-mail: copyrightagent@giantHello.com Mail: Attn: giantHello Copyright Agent 1607 Pontius Avenue Los Angeles, CA 90025 United States of America
For clarity, only DMCA notices should go to the giantHello.com Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to giantHello.com customer service at info@giantHello.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. giantHello.com will promptly terminate without notice the accounts of those determined by giantHello.com to be "repeat infringers.
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Back to TopIt is giantHello's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. giantHello will promptly terminate without notice any member's access to the giantHello Services if that member is determined by giantHello to be a " repeat infringer." A repeat infringer is a user who has been notified by giantHello of infringing activity violations more than twice and/or who has had a member content submission or any other member-posted content removed from the giantHello Services more than twice.
Back to TopWhen you make payments through GiantHello, you agree to these Payments Terms.
If your (or your child's) account is deleted because you violated the Terms of Service then you will lose any accumulated coins. Similarly if a parent deletes a child's account, any accumulated coins will also be lost.
Back to TopYou acknowledge that giantHello.com may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on giantHello.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. giantHello.com reserves the right to restrict the number of messages which a member may send to other users in any 24-hour period to a number which giantHello.com deems appropriate in its sole discretion. You agree that giantHello.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that giantHello.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that giantHello.com reserves the right to modify these general practices and limits from time to time.
Back to TopLinks to third party websites are provided for your convenience and information only. Third party websites are not under giantHello's control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites; nor can giantHello guarantee that sites will not change without our knowledge. The inclusion of a link on this Service does not imply giantHello's endorsement of said third party website, nor that are we affiliated with the third party website's owners or sponsors. The material and information on third party websites, including any merchandise, information or service provided through these websites, is provided "as is" with all faults and without warranty of any kind from giantHello, expressed or implied. In no event shall giantHello be liable for any direct damages, special, incidental or consequential damages, lost profits, or any indirect damages arising from the use or inability to use these third party websites, even if giantHello has been informed of the possibility thereof.
Back to TopOur goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: 1) We do not give your content or information to advertisers without your consent. 2) You understand that we may not always identify paid services and communications as such.
Back to TopgiantHello.com will not be liable for your interactions with any organizations and/or individuals found through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that giantHello.com is not responsible for any damage or loss incurred as a result of any such dealings. giantHello.com is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release giantHello.com, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service. Please refer to our Payment Terms for further information regarding third-party transactions.
Back to Topgianthello.com is not responsible for any incorrect, inaccurate, offensive, or inappropriate content posted on the service, whether caused by any user or member of the service or by any of the equipment or programming associated with or utilized in the service. gianthello.com is not responsible for the conduct, whether online or offline, of any user or member of the service. gianthello.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications.
gianthello.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or account holders or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service.
Under no circumstances will gianthello.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the service, any content posted on the service or transmitted to users, or any interactions between users of the service, whether online or offline. The service is provided "as is" and gianthello.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. gianthello.com cannot guarantee and does not promise any specific results from use of the service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by a user from gianthello.com or from the service shall create any warranty not expressly stated herein.
Back to TopYou expressly understand and agree that gianthello.com 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 gianthello.com 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; or (v) any other matter relating to the service.
Back to TopYour use of the Service and this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service will be filed only in the state or federal courts in and for Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Back to TopYou agree to defend, indemnify and hold harmless giantHello.com with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, giantHello.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against giantHello.com herein under the terms and provisions of this section and in no event shall you settle any such claim without giantHello.com's prior written approval.
Back to TopThe terms and provisions of this Agreement will not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between giantHello.com and any member of the Service. A member may not bind or obligate giantHello.com without its prior written consent.
Back to TopgiantHello is based in Los Angeles, California, in the United States of America. giantHello makes no claims that the Materials or Technology is appropriate or may be downloaded outside of the United States and its territories or Canada. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Back to TopCurrently you can choose to sign up for free with the use of the last four numbers of your social security number or you can charge $0.01 to a credit card. However at some point giantHello may require you to pay additional fees to use certain services. In advance of any changes to the Service we will post those rates and payment terms within the Terms of Service as well on the relevant pages of the Website. If at such time, you decide not to pay for a fee-based service, you will not be able to continue using the Service, and your child's account could be deleted.
Back to TopAny comments or materials sent to giantHello including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Website or any other products or programs of giantHello (collectively "Feedback"), shall be deemed to be non-confidential. giantHello shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, giantHello shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
Back to TopThis Agreement, accepted upon any use of the Service and further affirmed by becoming a member of the Service, and our Privacy Policy, End User License Agreement, and other agreements or policies referenced herein or therein contain the entire agreement between you and giantHello.com regarding the use of the Service. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by giantHello.com without restriction. The failure of giantHello.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement will remain in effect after your giantHello account is canceled or terminated.
You and giantHello.com agree that any cause of action arising out of or related to the service or website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The services hereunder are offered by giantHello.com, located at: 1607 Pontius Ave., Los Angeles, California, 90025, United States of America; e-mail: info@giantHello.com. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
Back to TopREAD THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
By using this website ("Website"), you signify your agreement to this End User License Agreement, the Terms of Service, and Privacy Policy. If you do not agree to all of this End User License Agreement, do not use this site! Chipzco, Inc., d/b/a giantHello ("giantHello" or "giantHello.com") may revise and update this End User License Agreement at anytime. Your continued usage of the Website will mean you accept those changes. This End User License Agreement is incorporated into the giantHello.com Terms of Service, which together with our Privacy Policy and the Code of Conduct constitute the entire "Agreement" between you and giantHello.com.
The information, artwork, text, video, audio, media files or pictures displayed or contained on the Website (collectively, the "Materials") and the software, technology and products, including the giantHello File Format and any relevant documentation downloadable or accessible from the Website (the "Technology") are protected by copyright, patent, trademark and other laws under both United States and foreign laws.
Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without giantHello's authorization. Except as authorized by giantHello, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright 2008 Chipzco, Inc. All rights reserved" and any other copyright notice originally included with the Materials.
The Technology available on this Website may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by giantHello and/or its suppliers. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER WEBSITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF giantHello. You may not attempt to "pass-off" any of giantHello' Materials or Technology as your own work. Title to the Materials and Technology remains with giantHello or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms of Service or a separate agreement with giantHello is a breach of these Terms of Service and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to giantHello and its licensors. If you violate any of these Terms of Service or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.
Back to TopgiantHello charges a $0.01 membership fee for creation of some accounts, whereby the parent does not consent to give the last 4 digits of their social security number. Parents must provide their credit card information in order to process this one time membership fee. Credit cards are processed through Authorize.net and only the last four numbers of the card used are retained by the giantHello website. The last four numbers of the card are retained in case giantHello needs to issue a refund. giantHello.com submits a credit card transaction to the Authorize.net Payment Gateway on behalf of a giantHello registrant via a secure Web site connection. Authorize.net receives the secure transaction information and passes it via a secure connection to the Merchant Bank's processor. The Merchant Bank's Processor submits the transaction to the Credit Card Network (a system of financial entities that communicate to manage the processing, clearing, and settlement of credit card transactions). The Credit Card Network routes the transaction to the Customer's Credit Card Issuing Bank. The Customer's Credit Card Issuing Bank approves or declines the transaction based on the customer's available funds and passes the transaction results back to the Credit Card Network. The Credit Card Network relays the transaction results to the Merchant Bank's Processor. The Merchant Bank's Processor relays the transaction results to Authorize.net. Authorize.net stores the transaction results and sends them to giantHello.com. This step completes the authorization process - all in about three seconds or less! The last four digits of the credit card are stored with a transaction number in the event that giantHello needs to issue a refund for whatever reason.
Click for more information on Authorize.net's privacy policy
Back to TopgiantHello has contracted with Equifax to verify the last four digits of a parent's social security number against certain identifiable information. Equifax empowers businesses and consumers with information they can trust. With a strong heritage of innovation and leadership, they leverage their unique data, advanced analytics and proprietary technology to enrich the performance of businesses and the lives of consumers. The Equifax Vision is to be the trusted provider of information solutions that empower customers to make critical decisions with greater confidence. Equifax adheres to the highest levels of ethical business practices, as embodied by their Codes of Ethics and Business Conduct. On the following pages you will find their fundamental governance documents which exemplify the way that Equifax conducts business.
Back to TopgiantHello appreciates your feedback. To reach us, click on the "Contact Us" link at the bottom of any page. We read every email we receive, and will respond to your questions. Let us know what you like, what you don't like, and if there is anything we can change or add to make your giantHello experience even better.
