Terms of service

Hello and welcome to GiftPals. GiftPals allows you to create wish lists and gift preference profiles, form sharing groups, and share gifting-related information privately or publicly through a shared list link or member search.
The following Terms of Service are a legal agreement between you and GiftPals Corporation, and they apply to you whether you are a registered member of the Service or a visitor simply browsing Giftpals.com or one of its affiliated URLs or Apps. Please carefully read the following terms. Your use of the Site indicates that you have read, comprehended, and agree to be bound by these Terms of Use. You have no right to access or use the Site or any of its content if you do not agree to these Terms of Use.

Registration

Accounts; Password

You will need to create an account in order to use some of the Site's features. You will be required to provide certain information during the registration process. You represent and warrant to GiftPals that all information you provide when creating your Account is correct and up to date. If GiftPals has reason to believe that your Account information is false, inaccurate, out-of-date, or incomplete, GiftPals reserves the right to suspend or terminate your Account at its sole and absolute discretion.
You are solely responsible for your account and any activity that occurs while you are signed in to or using your account, whether or not you authorized it. You must keep your Account information safe, including your user number/login and password. You must immediately notify GiftPals of any breach of security or unauthorized use of your Account. GiftPals accepts no liability for any liabilities, losses, or damages resulting from the unauthorized use of your number/login, password, or account.

Use Restriction

Without limiting anything else in these Terms of Use, your permission to access and use the Site is contingent on your agreement not to:

• Use the Site to harass, threaten, intimidate, or invade the privacy of any other person or entity;

• Impersonate or misrepresent your affiliation with any person or entity;

• Use the Site for any unlawful purpose or to promote illegal activities;

• Use anything that: infringes on the copyright or intellectual property rights of others, or rights of publicity or privacy;

• Use defamatory, obscene, or pornographic;

• Use fraudulent, false, misleading, or deceptive;

• Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

• Violate, or encourages any conduct that would violate, any applicable law or regulation, would give rise to civil liability, or would otherwise

• Use of any commercial use of the Site or any of its content is prohibited.

Further, under no circumstances may you:

• use, display, mirror, frame, or employ framing techniques to enclose the Site or any content or individual element contained within the Site;

• access, tamper with, or use non-public areas of the Site, GiftPals' computer systems, or GiftPals' providers' technical delivery systems; attempt to probe, scan, or test the vulnerability of any GiftPals system or network, or circumvent any security or authentication measures

• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GiftPals or any of its providers or any other third party (including another user) to protect the Site or GiftPals Content.

• attempting to download GiftPals Content from the Site using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than commonly available third-party web browsers for general consumer use (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera);

• Decipher, decompile, disassemble, or reverse engineer any software used to provide the Site or its content;

• interfering with or attempting to interfere with the proper operation of the Service;

• not to use this site to collect or harvest personal information about other site users;

• make any automated use of the system, or take any action that we believe will impose or may impose an unreasonable or disproportionately large load on our servers or network infrastructure;

• Create accounts with the intention of creating public lists with backlinks for link farm purposes.

• bypass any robot exclusion headers or other measures we put in place to limit access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service, or harvest or manipulate data; or

• encourage or enable any other person to do any of the aforementioned.

You acknowledge that any violations of the provisions of this Section are subject to injunctive relief, and you agree to personal liability for all related attorney fees and legal costs on behalf of all participants in the violations, regardless of entity affiliation.

User Content

You may post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (User Content) on the Site. You are solely responsible for the User Content you post, upload, link to, or otherwise make available through the Site, including its legality, dependability, and appropriateness.

User Content License

By posting any User Content on the Site, you expressly grant, represent, and warrant that you have the right to grant, to GiftPals and its assigns and licensees a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information about, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and likeness. You agree that this license grants us the right to make your User Content available to other Site users.

Monitoring of User Content; Account Termination

User Content or Accounts are not pre-screened by GiftPals. GiftPals has the right, but not the obligation, to monitor the Site's use or to review or edit any User Content, but only for the purpose of operating the Site; investigating and enforcing potential violations of these Terms of Use; or complying with applicable laws or the order or requirements of a court, administrative agency, or other governmental body.
GiftPals reserves the right to remove any User Content at any time, for any reason, with or without notice. Furthermore, Company reserves the right to disable Site access or terminate or suspend a Member's Account at any time, for any reason, with or without notice. If GiftPals terminates or suspends your Account for any reason, you will not create another Account or attempt to access your Account unless you first obtain GiftPals' express written permission to do so.
Any suspension or termination of your Account or other access to the Site, whether by GiftPals or you, will have no effect on your obligations to GiftPals under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and liability limitation), which are intended to survive such suspension or termination by their sense and context.

Third Parties

GiftPals may provide you with a convenient way to add and follow links to a third-party website(s), as well as post content or items belonging to or originating from third parties (collectively, Third Party Sites) as part of the Site.
GiftPals is not liable for any Third Party Sites and has no control over the promotions, materials, information, goods, or services available on such sites. GiftPals does not investigate, monitor, or check third-party sites for accuracy, appropriateness, or completeness, and their inclusion on the Site does not imply approval or endorsement by GiftPals. Third-Party Site Links are provided as is and are subject to change or removal at any time.
If you decide to leave the Site and visit Third Party Sites, you should read the applicable terms and policies, including privacy and data collection practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
GiftPals accepts no responsibility and assumes no liability for any User Content or Third Party Sites posted to or accessed from the Site by you or any other user or third party. GiftPals will not be liable for any loss or damage caused by anyone's reliance on information or other content posted to or linked from the Site.

Monetization of Web Links

Third-party services monetize some GiftPals links to third-party e-commerce sites. GiftPals receives credit for its role in matching the buyer with the appropriate item from the appropriate seller for the gift recipient. This monetization is automatic and transparent, and it has no effect on the price of the item. This disclosure is made in accordance with 16 CFR 255.5 of the United States Federal Trade Commission.

Associate Disclosure

GiftPals is a member of the Amazon Services LLC Associates Program, which is an affiliate advertising program designed to provide a way for websites to earn advertising fees by advertising on and linking to amazon.com. We earn money as an Amazon Associate by making qualifying purchases. Amazon Services LLC provides some of the content on this site. This content is provided as is, with the possibility of change or removal at any time.

Company’s Intellectual Property

The Site and its original content (excluding User Content), features, and functionality are the sole property of GiftPals Corporation and its licensors and will remain so. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, in whole or in part, for commercial or personal gain without GiftPals' express, or prior written permission. The Service is protected by the United States and foreign copyright, trademark, and other laws. Without the prior written consent of GiftPals, our trademarks and trade dress may not be used in connection with any product or service.

GiftPals trademarks include:
Other trademarks, service marks, logos, trade names, and proprietary designations on the Service are the sole property of their respective owners.

User Consent to Receive Communication in Electronic Format

For contractual purposes, you (a) consent to receiving communications from GiftPals in electronic form via the email address you provided; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in writing. The foregoing has no bearing on your non-waivable rights.
GiftPals may also use your email address to send you service-related transactional emails such as group invites, reminder emails initiated by others, and password reset emails. Other messages, such as information about GiftPals and special offers from the company, its affiliates, and partners, may also be sent by GiftPals. You can unsubscribe from these messages by changing your account settings for birthday reminders, clicking the unsubscribe link at the bottom of the email, or sending an email to info@Giftpals.com.

Warranty Disclaimer

The site is provided as is,with no warranties expressed or implied. Without limiting the foregoing, giftpals expressly disclaims all warranties, express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, giftpals makes no warranty or representation that service access or operation will be uninterrupted or error-free. You accept full responsibility and risk of loss as a result of your use of the site's files, information, content, or other material. Because some jurisdictions limit or prohibit warranty disclaimers, this provision may not apply to you.

Limitation of Damages; Release

To the maximum extent permitted by applicable law, giftpals, its affiliates, directors, or employees, or its licensors or partners, shall in no event be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, resulting from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service Because some jurisdictions limit or prohibit liability disclaimers, this provision may not apply to you. If you have a dispute with one or more users, or with a Third Party Site you accessed through our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) arising out of or in any way connected with such disputes.
If you live in California, you are waiving California Civil Code 1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Modification of Terms of Use

GiftPals reserves the right to modify these Terms of Service (including the referenced privacy policy and DMCA notice) at any time by posting the revised Terms of Service on the Site. It is your responsibility to visit the Site on a regular basis to review any changes to the Agreement. Your continued use of the Site after such changes take effect constitutes your acceptance of such changes. GiftPals may attempt to post a notice of significant changes to the terms on our homepage and/or send an email to the email address you provided to us when you registered.
Regardless of the date of receipt by you, all notices will be deemed made upon transmission or posting. If you do not agree with the modified Terms of Service, your only option is to stop using the Site.

General Terms

The federal laws of the United States of America and the laws of the State of Minnesota govern these Terms of Use and your use of the Site, without regard to conflict of law provisions. GiftPals' failure to enforce any provision of this Agreement will not be construed as a waiver of our right to do so in the future. You agree that any cause of action relating to or arising from your relationship with GiftPals must be brought within ONE YEAR of the cause of action accrues. Otherwise, such a cause of action is forever barred.

Legal Notice

Any notice to GiftPals required by law or regulation may only be addressed to: info@giftpals.com In any situation, communications made through any other Site e-mail or messaging systems will not constitute legal notice to GiftPals or any of its officers, employees, agents, or representatives.
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