GiftGirl

• $5 24HOUR
• $20 ANNUAL
• CUSTOM CONSULTATION

3/10/2010

Terms of Use

Acknowledgment and acceptance of terms of service.

The services offered at www.giftgirl.com (“Giftgirl.com” or “Site”), and any sub-domains, are provided to you under the terms and conditions of this Giftgirl.com Terms of Service (“Terms of Service”), and any operating rules or policies that may be published by Giftgirl.com at the URL: www.giftgirl.com (the “Service”). The Terms of Service comprises the entire agreement between you and Giftgirl.com, and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING GIFTGIRL.COM, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Giftgirl.com as long as you adhere to these Terms of Service.

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.

Registration.

You are required to register with Giftgirl.com if you want to use the Giftgirl.com services, search for gift ideas, and view and edit your profile. In order to register with Giftgirl.com you must supply a valid email address, which will be used as a unique identifier for your account, and a password.

Description of service.

Giftgirl.com provides users with a variety of online services. Use of the service is subscription based. Giftgirl.com services include, but are not limited to:

Gift Ideas.

Giftgirl.com will suggest gift ideas for friends and family based on certain search criteria such as occasion, your relationship to the recipient, price range, type of gift, etc. Giftgirl.com’s main purpose is to help guys find the right gift for their girl. Search results will provide information such as where to buy and specific item information that will prove helpful in locating each item.

Recommendations.

You may search for gift recommendations by clicking on Price Range, Occasion, Recipient or Gift Girl Collections at the top of any page on Giftgirl.com.

Event Reminders.

Giftgirl.com allows you to enter birthdates from friends and family members. Giftgirl.com will remind you in advance of that person’s birthday, anniversary, etc and will provide gift suggestions. Giftgirl.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 Giftgirl.com service, as determined in Giftgirl.com’s sole discretion. In furtherance of this endeavor, the Giftgirl.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 Terms of Service.

Limitation of liability.

BY USING GIFTGIRL.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 GIFTGIRL.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GIFTGIRL.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 GIFTGIRL.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.

Content.

You are solely responsible for any data, text, graphics, messages, or other materials (“Content”), which is transmitted, posted, or distributed by you through the Service. All Content posted by you is your sole responsibility. Giftgirl.com does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Giftgirl.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for 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 via the Service. Subject to the terms of Giftgirl.com’s Privacy Policy, you agree if you post any Content on the Giftgirl.com Site, you grant to Giftgirl.com, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom Giftgirl.com has a relationship. You also grant Giftgirl.com the right to authorize the downloading and printing in whole or in part of any Content that you post to the Giftgirl.com Service.

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 Giftgirl.com Service without your permission or in any way that constitutes copyright infringement, please provide Giftgirl.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 Giftgirl.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 Giftgirl.com at the following address: General Counsel, Giftgirl.com, 16 Johnson Pl., Rye, NY 10580.

No “spamming”.

You must not use any feature of the Giftgirl.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 Giftgirl.com. If you use any feature of the Giftgirl.com Service for the purpose of sending Spam, Giftgirl.com reserves the right to immediately terminate your access to the Giftgirl.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Giftgirl.com Service for Spam, please notify Giftgirl.com using the Report Abuse form that is available by clicking the “Report Abuse” link under a user’s product review.

Notices.

Giftgirl.com may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to Giftgirl.com in writing via e-mail or as otherwise expressly provided by Giftgirl.com. Giftgirl.com may broadcast, distribute or display notices or messages through the Giftgirl.com Service to inform you of changes to the TERMS OF SERVICE, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Privacy policy.

It is Giftgirl.com’s policy to respect the privacy of its users. We will not give your personal information to anyone. Gift Girl takes pride in the fact that we have no conflicts of interest. We’re not interested in selling or using your information to or with and advertisers, manufacturers, or designers. We take great pains to secure the information so that no prying eyes can access it. If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices. All information described above is stored on restricted database servers.

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 Giftgirl.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Giftgirl.com of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until Giftgirl.com is notified of a breach in security, you will remain liable for any unauthorized use of the Giftgirl.com Service through your account. In consideration for using the Giftgirl.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, Giftgirl.com reserves the right to terminate your account immediately and your right to use the Giftgirl.com Service.

No resale or commercial use, abuse of the service.

Your right to use the Giftgirl.com Service is personal to you. You agree not to resell or make any commercial use of the Giftgirl.com Service without the express consent of Giftgirl.com. You may not create bots or other computer generated automatic tools to abuse the Giftgirl.com Service in any manner. Use that constitutes abuse shall be determined by Giftgirl.com in its sole discretion. Giftgirl.com reserves the right to terminate your account if Giftgirl.com determines you have not complied with these Terms of Service.

User conduct.

Giftgirl.com reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Giftgirl.com Site. Your use of the Giftgirl.com Service is subject to all applicable local, state, national and international laws and regulations. ??In using the Giftgirl.com Service you agree not to:

1. Use the Giftgirl.com Service for illegal purposes;
2. Interfere or disrupt networks connected to the Giftgirl.com Service or violate the regulations, policies or procedures of such networks;
3. Use the Giftgirl.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);
4. Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
5. Transmit through the Giftgirl.com Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
6. 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 Giftgirl.com Service;
7. Transmit through the Giftgirl.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;
8. Interfere with another User’s use and enjoyment of the Giftgirl.com Service;
9. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
10. Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
11. 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 Giftgirl.com Service any directory of Giftgirl.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;
12. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
13. 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
14. Engage in any other conduct which, at Giftgirl.com’s sole discretion, is considered inappropriate, unauthorized or objectionable.

Indemnification.

You agree to indemnify and hold Giftgirl.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 Giftgirl.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.

Termination and refund policy.

Termination.

You may terminate your participation in the Giftgirl.com Service with or without cause at any time and effective immediately. Giftgirl.com may terminate the Giftgirl.com Service or your use of the Service with or without cause at any time and effective immediately, at Giftgirl.com’s sole discretion, by immediate termination of your use of the Giftgirl.com service should your conduct fail to conform to the terms and conditions of these Terms of Service. Giftgirl.com shall not be liable to you or any third party for termination of the Giftgirl.com Service or termination of your use of the Giftgirl.com Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Giftgirl.com makes to the Terms of Service or become dissatisfied with the Giftgirl.com Service in any way, your only recourse is to immediately: (1) discontinue use of the Giftgirl.com Service; and (2) notify Giftgirl.com of your termination and, at your discretion, notify Giftgirl.com of the reasons for your termination. Upon termination of your use of the Giftgirl.com Service, your right to use the Giftgirl.com Service shall cease immediately. You shall have no right and Giftgirl.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.

Refund policy.

Giftgirl.com will provide a full refund within 7 days of receipt of payment for subscription if, for any reason you are not satisfied. Giftgirl.com does not provide refunds after 7 days for any reason, including, but not limited to, reasons related to gift recommendations and ideas.

Transactions with organizations or individuals.

Giftgirl.com shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Giftgirl.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. Giftgirl.com is under no obligation to become involved in disputes between participants on the Giftgirl.com Service, or between participants on the Giftgirl.com Service and any third party.

Links to third party sites.

Any web sites that are accessible via links included within the Giftgirl.com Service that take you out of the Giftgirl.com Service are not under Giftgirl.com’s control and Giftgirl.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.

Violation of terms by other users.

Giftgirl.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.

Disclaimer of warranties.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE GIFTGIRL.COM SERVICE IS AT YOUR SOLE RISK. THE GIFTGIRL.COM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTGIRL.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. GIFTGIRL.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GIFTGIRL.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 GIFTGIRL.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 GIFTGIRL.COM FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GIFTGIRL.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 GIFTGIRL.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 GIFTGIRL.COM SERVICE. GIFTGIRL.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 GIFTGIRL.COM OR THROUGH THE GIFTGIRL.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.

General provisions.

These Terms of Service shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of New York, provided, however, that Giftgirl.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 New York, 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. Giftgirl.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 Giftgirl.com in writing. User and Giftgirl.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.

Modifications to the service and to terms of service.

Giftgirl.com reserves the right to modify or discontinue the Giftgirl.com Service with or without notice to you. Giftgirl.com shall not be liable to you if Giftgirl.com modifies or discontinues its Service. Giftgirl.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, Giftgirl.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 Giftgirl.com Service. By using the Giftgirl.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 Oct 20, 2007.