1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.gifts.com ("Gifts.com" or "Site"), and any subdomains, are provided to you under the terms and conditions of this Gifts.com Terms of Service ("Terms of Serivce"), and any operating rules or policies that may be published by Gifts.com at the URL: www.gifts.com (the "Service"). The Terms of Service comprises the entire agreement between you and Gifts.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING GIFTS.COM, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Gifts.com as long as you adhere to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
You are required to register with Gifts.com if you want to write a review, create profiles of gift recipients, create and access your reminders, and view and edit your profile. In order to register with Gifts.com you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
4. DESCRIPTION OF SERVICE:
Gifts.com provides users with a variety of online services, including but not limited to:
1. Gift Ideas Gifts.com will suggest gift ideas for friends and family based on certain information you provide to us about the recipient such as age, gender, and personality. You may also search for gift ideas based on a specified price range, the occasion for which you would like to purchase a gift, and the recipient's personality. You can email a gift idea to another person by clicking on a gift idea in a results listing, and then clicking on "email" under the product's description.
2. Gift Reminders A reminder can be created by providing the recipient's name and the name and date of the occasion. You may view your gift reminders by clicking on My Gifts.com at the top of the page. At your personalized homepage, you may add new reminders or edit existing ones. Upcoming gift reminders, saved profiles of gift recipients and wish lists will all be viewable at the My Gifts.com page.
3. Recommendations You may search for gift recommendations by clicking on Personality, Occasion, Category or Gift Lists at the top of any page on Gifts.com, or on the My Gifts.com page by clicking on "Suggested Gift Ideas" next to a recipient's profile name.
4. Reviews Gifts.com may allow you to post reviews of gifts, which will be displayed underneath each product. Your reviews may viewable by all Gifts.com registered users. Gifts.com reserves the right to pull down a review if it contains derogatory language, threats of physical harm, or any other reason Gifts.com determines in its sole discretion is necessary to protect the integrity of its service. In the rare event the Gifts.com unintentionally or inadvertently accepts profane or unacceptable language in a review, users are encouraged to report such abuse to the Gifts.com administrator.
5. Birthday Reminders Gifts.com may allow you to request birth dates from friends and family members. If a friend or family member responds to your birthday reminder request, Gifts.com will remind you in advance of that person's birthday and will provide gift suggestions. Gifts.com reserves the right to limit or prevent your ability to send these email requests if the emails contain derogatory language, threats of physical harm, or to protect the integrity of the Gifts.com service, as determined in Gifts.com's sole discretion. In furtherance of this endeavor, the Gifts.com Web site will automatically reject certain profane and otherwise inappropriate words in an email. In addition, you may not use the email requests to send "spam", as further described below in Section 8 of these Term
5. LIMITATION OF LIABILITY: BY USING GIFTS.COM, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY THE USE OF SUCH PRODUCTS, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE GIFTS.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GIFTS.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED BY WAY OF USING THE GIFTS.COM WEBSITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Gifts.com Service without your permission or in any way that constitutes copyright infringement, please provide Gifts.com with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Gifts.com Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Gifts.com at the following address: General Counsel, Gifts.com 8833 Sunset Boulevard, West Hollywood, California 90069.
8. NO "SPAMMING": You must not use any feature of the Gifts.com Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Gifts.com. If you use any feature of the Gifts.com Service for the purpose of sending Spam, Gifts.com reserves the right to immediately terminate your access to the Gifts.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Gifts.com Service for Spam, please notify Gifts.com using the Report Abuse form that is available by clicking the "Report Abuse" link under a user's product review.
11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify Gifts.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Gifts.com of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until Gifts.com is notified of a breach in security, you will remain liable for any unauthorized use of the Gifts.com Service through your account. In consideration for using the Gifts.com Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, Gifts.com reserves the right to terminate your account immediately and your right to use the Gifts.com Service.
12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Gifts.com Service is personal to you. You agree not to resell or make any commercial use of the Gifts.com Service without the express consent of Gifts.com. You may not create bots or other computer generated automatic tools to abuse the Gifts.com Service in any manner. Use that constitutes abuse shall be determined by Gifts.com in its sole discretion. Gifts.com reserves the right to terminate your account if Gifts.com determines you have not complied with these Terms of Service.
13. USER CONDUCT: Gifts.com reserves the right, but does not assume the responsibility, to monitor or review your
conduct on the Gifts.com Site. Your use of the Gifts.com Service is subject to all applicable local, state, national
and international laws and regulations.
In using the Gifts.com Service you agree not to:
- Use the Gifts.com Service for illegal purposes;
- Interfere or disrupt networks connected to the Gifts.com Service or violate the regulations, policies or procedures of such networks;
- Use the Gifts.com Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
- Transmit through the Gifts.com Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Gifts.com Service;
- Transmit through the Gifts.com Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Interfere with another User's use and enjoyment of the Gifts.com Service;
- Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
- Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Gifts.com Service any directory of Gifts.com's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- Engage in any other conduct which, in Gifts.com's sole discretion, is considered inappropriate, unauthorized or objectionable.s of Service.
14. INDEMNIFICATION: You agree to indemnify and hold Gifts.com, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Gifts.com Service, the violation of these Terms of Service by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
15. TERMINATION: You may terminate your participation in the Gifts.com Service with or without cause at any time and effective immediately. Gifts.com may terminate the Gifts.com Service or your use of the Service with or without cause at any time and effective immediately, at Gifts.com's sole discretion, by immediate termination of your use of the Gifts.com Service should your conduct fail to conform to the terms and conditions of these Terms of Service. Gifts.com shall not be liable to you or any third party for termination of the Gifts.com Service or termination of your use of the Gifts.com Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Gifts.com makes to the Terms of Service or become dissatisfied with the Gifts.com Service in any way, your only recourse is to immediately: (1) discontinue use of the Gifts.com Service; and (2) notify Gifts.com of your termination and, at your discretion, notify Gifts.com of the reasons for your termination. Upon termination of your use of the Gifts.com Service, your right to use the Gifts.com Service shall cease immediately. You shall have no right and Gifts.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the Terms of Service.
16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Gifts.com shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Gifts.com 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 merchants, retailers and/or individuals. Gifts.com is under no obligation to become involved in disputes between participants on the Gifts.com Service, or between participants on the Gifts.com Service and any third party.
17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Gifts.com Service that take you out of the Gifts.com Service are not under Gifts.com's control and Gifts.com shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
18. VIOLATION OF TERMS BY OTHER USERS: Gifts.com asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at or click on the Report Abuse link under user reviews.
19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE GIFTS.COM SERVICE IS AT YOUR SOLE RISK. THE GIFTS.COM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIFTS.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GIFTS.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT GIFTS.COM DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GIFTS.COM FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GIFTS.COM ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE GIFTS.COM SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE GIFTS.COM SERVICE. GIFTS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIFTS.COM OR THROUGH THE GIFTS.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY: GIFTS.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GIFTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GIFTS.COM OR A THIRD PARTY THROUGH THE USE OF THE GIFTS.COM SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GIFTS.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE GIFTS.COM SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
21. GENERAL PROVISIONS: These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Gifts.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Gifts.com's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gifts.com in writing. User and Gifts.com agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Gifts.com reserves the right to modify or discontinue the Gifts.com Service with or without notice to you. Gifts.com shall not be liable to you if Gifts.com modifies or discontinues its Service. Gifts.com may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, Gifts.com may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the Gifts.com Service. By using the Gifts.com Service after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.
This Terms of Service was last updated on March 28, 2007.