1. Using The GiftGetter
a. Who can use The GiftGetter
You may use our Products only if you can form a binding contract with The GiftGetter, and only in compliance with these Terms and all applicable laws. When you create your The GiftGetter account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2. Your Content
a. Posting content
The GiftGetter allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to The GiftGetter.
b. How The GiftGetter and other users can use your content
You grant The GiftGetter and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, share, reproduce, modify, create derivative works, perform, and distribute your User Content on The GiftGetter solely for the purposes of operating, developing, providing, and using the The GiftGetter Products. Nothing in these Terms shall restrict other legal rights The GiftGetter may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from The GiftGetter, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, The GiftGetter and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through The GiftGetter.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can improve The GiftGetter. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, The GiftGetter does not waive any rights to use similar or related feedback previously known to The GiftGetter, or developed by its employees, or obtained from sources other than you.
3. Copyright Policy
The GiftGetter respects the intellectual property rights of others and expects its users to do the same. It is The GiftGetter 's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, The GiftGetter will respond expeditiously to claims of copyright infringement committed using the The GiftGetter website (the "Site") that are reported to The GiftGetter's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to The GiftGetter 's Designated Copyright Agent. Upon receipt of the Notice as described below, The GiftGetter will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is 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 reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to The GiftGetter's Designated Copyright Agent: email@example.com
We care about the security of our users. While we work to protect the security of your content and account, The GiftGetter cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by The GiftGetter. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from The GiftGetter, you do so at your own risk and you agree that The GiftGetter will have no liability arising from your use of or access to any third-party website, service, or content.
6. User Conduct
You agree not to post User Content that:
- is sexually explicit or pornographic;
- creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- violates, or encourages any conduct that violates laws or regulations;
- contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
- Use, display, mirror or frame the Service, any individual element within the Service, The GiftGetter name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any The GiftGetter system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The GiftGetter or any of our providers or any other third party (including another user) to protect the Services or The GiftGetter Content;
- Attempt to access or search the Services, User Content or The Gift GetterContent or scrape or download User Content or The GiftGetter Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by The Gift Getteror other generally available third party web browsers;
- Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing The GiftGetter trademark, logo, URL, or product name without The GiftGetter's express written consent;
- Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by The GiftGetter or in any manner not permitted by the Terms;
- Use The GiftGetter user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Request, collect or store username, password, token or any other account authentication information from other users; or
- Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
The GiftGetter reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that The GiftGetter believes violates these Terms of Service. The GiftGetter may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in The GiftGetter's sole determination, a User violates any provision of these Terms of Service, or for no reason.
The GiftGetter may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 7-13 of these Terms.
You agree to indemnify and hold harmless The GiftGetter and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your unauthorized access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
THE GIFTGETTER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The GiftGetter takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GIFTGETTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE GIFTGETTER'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with The GiftGetter, you agree to first contact us firstname.lastname@example.org and attempt to resolve the dispute with us informally. If The GiftGetter has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and The GiftGetter agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE GIFTGETTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in New York County, New York or the United States District Court for the Southern District of New York, for any actions not subject to Section 11 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
13. General Terms
Notification Procedures and changes to these Terms. The GiftGetter reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The GiftGetter without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The GiftGetter's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.