1. Acceptance of Terms. Welcome to Giftomat, which is provided to you subject to the following Terms of Service ("TOS"). The TOS may be updated by us from time to time without notice to you. When using particular features, tools, or other properties within the Service, you and Giftomat shall be subject to any additional terms, guidelines or rules applicable to such services which may be posted from time to time. All such terms, guidelines or rules are hereby incorporated by reference. This TOS governs use of the Service by both Primary Accounts and Affiliate Accounts.
2. Description of Service. You must accept this TOS and complete the registration process to set up an account with Giftomat. Giftomat provides members the ability to connect with other members, share information about themselves, and request and respond to requests for information and/or service referrals from other members, hereby known as the "Service". You understand and agree that the Giftomat may include advertisements and that these advertisements are necessary for Giftomat to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Giftomat Internet properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Giftomat assumes no responsibility for the timeliness, mis-delivery or failure of service referrals and quality of the service provided through a referral obtained on the Service.
To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service, connection and/or access fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, Internet-enabled cell phones or other Internet access device and pay for any and all fees associated with the use of such equipment and access to the Internet.
Giftomat may, at its sole discretion, temporarily suspend all Service for the purpose of repair, maintenance or improvement of any of Giftomat's systems. Giftomat also does not guarantee the availability of its Service or accessibility to the Giftomat web site at any time.
Giftomat may, at its sole discretion, alter the data you enter for any reason without notice.
3. Your Registration Obligations. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Giftomat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Giftomat has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Access Controls.
Adult Supervision. Giftomat is concerned about the safety and privacy of all its users, particularly minors and children. For this reason, children under the age of 18 will not be permitted to access the Service unless added to an account by their legal guardian. Minors who access the Service are assumed by Giftomat to have parental or guardian consent before accessing the Service. We cannot monitor or prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to monitor the use of the Service by minors under their care.
5. Termination. You agree that Giftomat may, under certain circumstances and without prior notice, immediately terminate your Giftomat account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your Giftomat account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Giftomat's sole discretion and that Giftomat shall not be liable to you or any third-party for any termination of your account or access to the Service.
7. Account Password and Security. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Giftomat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Giftomat cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8. Member Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Giftomat, are entirely responsible for all Content that you upload, post, email or transmit via the Service. Under no circumstances will Giftomat be liable in any way, for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or transmitted via the Service.
You further agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
h. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
i. "stalk" or otherwise harass another; or
You acknowledge and agree that Giftomat may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Giftomat, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. Indemnity. You agree to indemnify and hold Giftomat, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including, but not limited, development and use of any other application, Internet-based or otherwise, which directly or indirectly interfaces with the Service or any portion of the Service, without the express prior written consent of Giftomat.
12. General Practices Regarding Use and Storage. You acknowledge that Giftomat may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times you may access the Service in a given period of time. You agree that Giftomat 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 Giftomat reserves the right to log off and delete accounts that are inactive for an extended period of time. You further acknowledge that Giftomat reserves the right to change these general practices and limits at any time, in its sole discretion, with or without prior notice.
13. Modifications to Service. Giftomat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Giftomat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Giftomat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. Links to Other Web Pages. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Giftomat has no control over such sites and resources, you acknowledge and agree that Giftomat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Giftomat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Giftomat or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Giftomat grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software for, including, but not limited to, the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface(s) that is/are provided by Giftomat for use in accessing the Service.
17. Disclaimer of Warranties and Limitation of Liability. GIFTOMAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THIS SITE OR ITS OPERATION, CONTENTS, INFORMATION OR MATERIALS OR PRODUCTS OR SERVICES SOLD THROUGH THE SITE. GIFTOMAT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SITE OR ITS USE AND PRODUCTS OR SERVICES OFFERED, SOLD OR PURCHASED ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, CURRENCY, RELIABILITY, OR ANY WARRANTY THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFTOMAT RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE. GIFTOMAT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIFTOMAT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIFTOMAT 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 GIFTOMAT 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.
18. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 17 MAY NOT APPLY TO YOU.
19. Notice. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
20. Trademark and Copyright Information. This site is owned and operated by Giftomat. Unless otherwise specified, all materials appearing on this site, including site design, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof are the sole property of Giftomat, Inc., (c)2003 Giftomat, Inc., ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Giftomat for services offered on this site. Any other use of materials on this site, including, but not limited to, reproduction for purposes other than those noted above, modification, transmission, display, distribution or republication, without prior written permission of Giftomat, is strictly prohibited.
The design, text and images of this web site are owned or licensed by Giftomat, and Giftomat authorizes you to view or download a single copy of the material on the site solely for your personal, noncommercial use, provided you retain all proprietary notices contained in the content. Elements of the site are also protected by trade dress and other laws and may not be imitated in whole or in part on other web sites.
Giftomat, the Giftomat logo and other Giftomat logos and service names are trademarks of Giftomat, Inc. Without Giftomat's prior permission, you agree not to display or use in any manner, the Giftomat Marks.
21. Venue and Governing Law. The TOS and the relationship between you and Giftomat shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Giftomat agree to submit to the personal and exclusive jurisdiction of the courts located within California. The failure of Giftomat to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Severability. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
23. Whole Agreement; Headings. This TOS constitutes the entire agreement between you and Giftomat and governs your use of the Service, super-ceding any prior agreements between you and Giftomat. You also may be subject to additional terms and conditions that may apply when you use other Giftomat services, affiliate services, third-party content or third-party software. The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. Violations. Please report any violations of the TOS to our Customer Service department at the following email address: [email protected].