GiftAround Terms & Conditions

GiftAround LLC's (the "Company") goal is to improve gift giving and receiving. The Company's (and the websites and webpages it owns and operates, including GiftAround.com) purpose is to provide party hosts with a platform to inform party invitees of the gifts the party host wants, allow invitees to contribute towards one or more of the gifts the host chose, and donate a percentage of invitee contributions to a non-profit organization of the host's choosing. Any use beyond this purpose is prohibited.

Definitions

The "Site" is any website and/or webpage that the Company owns or operates, including but not limited to GiftAround.com and the webpages within the GiftAround.com domain.

"You" is a User of the Site.

A "User" is any individual who visits the Site.

A "Registered User" is a User who has created a username and signed up with the Site.

"Content" includes any content on the Site, all emails to or from the Company, and other media directed to or from the Site and/or Company. Content includes but is not limited to videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.

"User Content" is Content that Users contribute, add, create, upload, submit, distribute, facilitate the distribution of, post, or otherwise make accessible on the Site.

"Party page" is a webpage on the Site created for a Host's party.

A "Host" is an individual who has set up a Party Page and invited other individuals to contribute to gifts listed on the Party Page.

A "Registered User" is a User who has created a username and signed up with the Site.

"Content" includes any content on the Site, all emails to or from the Company, and other media directed to or from the Site and/or Company. Content includes but is not limited to videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.

"User Content" is Content that Users contribute, add, create, upload, submit, distribute, facilitate the distribution of, post, or otherwise make accessible on the Site.

"Party page" is a webpage on the Site created for a Host's party.

A "Host" is an individual who has set up a Party Page and invited other individuals to contribute to gifts listed on the Party Page.

General Terms

By accessing or using the Site, you agree to the Terms of Use. If you do not agree to the Terms of Use, do not access or use the Site. The Terms of Use incorporates the Privacy Policy by this reference.

The Company may offer some services subject to additional terms and conditions. If you use or access those services, you agree to the additional terms and conditions. This reference incorporates those additional terms and conditions into the Terms of Use.

The Company may modify the Terms of Use at any time for any reason and will notify you of such modifications by posting an updated version of the Terms of Use on the Site.

The Company reserves the right to change, suspend, or discontinue the Site and/or services the Site provides at any time for any reason.

The Company may, in its sole discretion, restrict your access or use to parts or all of the Site at any time without notice or liability.

The Service is available only to individuals who are at least 18 years old. By using the site, you warrant that you are at least 18 years old and legally able to enter into a binding contract. The Company reserves the right to ask for proof of your age and suspend your account until obtaining satisfactory proof of age.

The Company cannot guarantee the identity of any other Users with whom you interact with while using the Site. You agree to not hold the Company liable for any injuries you suffer and/or damages due to interacting with other Users.

All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party based on your access. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your (or any third party using your account) use or misuse of or access to the Site and Content. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will assist and cooperate with the Company in asserting any available defenses.

The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for the Company to earn fees by linking to Amazon.com and affiliated sites.

Rules and Conduct

Registration

You may view Content on the Site without registering, but some parts of the Site require you to register and create a screen name ("User ID") and password. You must provide complete, true, and accurate registration information. If you fail to do so, the Company may immediately terminate your account for breaching the Terms of Use.

You may not register as a User ID any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse a registration or cancel a User ID. You are responsible for activity that occurs on your account and maintaining your password's confidentiality. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

You may not use and/or access another User's account unless the other User has expressly granted you permission to do so.

The Company grants you a limited, nonexclusive right to create a "hypertext" link to the Site, provided that such link is to the Site's homepage or a Party Page. You may only send a "hypertext" link to a Party Page if you are the Host or the Host or the Company has expressly consented to you sending the "hypertext" link. The Company may revoke such limited right at any time for any reason whatsoever.

You may not use, frame, or utilize framing techniques, without the Company's express written consent, to enclose any Company trademark, logo, trade name, or other proprietary information, including images, content, or layout/design on the Site.

Registering on the Site may require you to provide a valid email address. You agree to receive communications from the Company and any affiliated promotional material at this email address and to accept all legal service of process at this email address.

User Content

By adding User Content to the Site, including but not limited to Content on Party Pages, you agree to the following:

Gifts: Fundraising and Commerce

If you are a Host, you agree to release the Company from all liability with respect to:

As a host, you also agree that when you set up a Party Page, you list gifts that:

If you are a User, you agree that:

Fees and Payments

The Company does not charge Users for registering with the Site or creating a Party Page on the Site. The Company's fee is a percentage of every contribution on a Party Page. The Company reserves the right to change the type and percentage of fees it charges at any time. You are responsible for paying all fees and taxes associated with your use of the Site.

The Company provides links and interfaces with the third party payment service, Stripe, to collect contributions. The Company does not control and is not responsible for the performance of Stripe. Your use of Stripe will be subject to Stripes' fees and terms and conditions. You agree not to hold the Company liable for any problems you have with Stripe, such as lost payments, identity theft, fraud or refunds. You agree to use Stripe at your own risk.

Third-Party Sites

The Site may permit you to link to other websites or resources on the internet ("Linked Sites"), including the websites for the not for profit organizations ("Non-profits") listed on the Site. The Company does not operate, control, or endorse and is not otherwise associated with Linked Sites and the content within. You agree not to hold the Company liable for the availability, content, functions, accuracy, legality, security, appropriateness, or any other aspect of the Linked Sites or the services they provide.

Non-Profits

When a Host creates a Party Page, the Host may choose a percentage of each User contribution to be donated to a Non-Profit listed on the Site. You agree to have a percentage of your contribution donated to the Non-Profit chosen by the Host. You agree to the Host choosing what percentage of your contribution is donated to the Non-Profit.

Although the Company has carefully chosen the Non-Profits listed on the Site, the Company makes no warranties about these Non-Profits and does not operate, endorse or have any association or affiliation with these Non-Profits, their websites, the activities they engage in, and the services they provide.

You release the Company from all liability for:

Intellectual Property Notifications

All Content on the Site is copyrighted material that the Company owns, licenses, or has received consent from third parties to place on the Site. All rights are reserved. The Content contains trademarks, service marks and trade names that the Company and/or its affiliates own, or that third parties own and are on the Site with the consent of such third party.

The Company will remove infringing materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company at hello@giftaround.com. Your email must contain the following, in accordance with the U.S. Copyright Act, 17 U.S.C. §512(c)(3):

If you believe that your work has been removed or disabled by mistake or misidentification, please email hello@giftaround.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Termination

If you wish to terminate your account or unsubscribe from emails we send you, please email us at hello@giftaround.com. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or others.

The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Electronic Communications Privacy Act Notice (18 USC §2701-2711):The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Limitation of Liability

In no event will the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

International

You agree that you only will access the Site if you are a resident of the United States of America and/or its territories and are physically present within the United States of America or its territories.

Governing Law

The Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

You agree that you waive all claims related to use of the Site or these Terms of Use unless you file such claim within one year of such claim arising in the proper venue as described in the paragraph above.

In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Site, and the services it provides, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided in the Terms of Use will not be deemed a waiver of any further rights in the Terms of Use.

Miscellaneous

The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

How to reach us

Email us at hello@giftaround.com

Tweet at us @giftaround

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