1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

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

 

3. DESCRIPTION OF SERVICE:

WhatGifts.com provides users with links to online services and products offered by third party companies with whom WHATGIFTS.COM is affiliated with

 

4. LIMITATION OF LIABILITY: BY USING WHATGIFTS.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 WHATGIFTS.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS WHATGIFTS.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 WHATGIFTS.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.

5. 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, including but not limited to the contents of your information or reviews. All Content posted by you is your sole responsibility. WhatGifts.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 WhatGifts.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 WhatGifts.com’s Privacy Policy, you agree if you post any Content on the WhatGifts.com Site, you grant to WhatGifts.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 WhatGifts.com has a relationship. You also grant WhatGifts.com the right to authorize the downloading and printing in whole or in part of any Content that you post to the WhatGifts.com Service.

6. 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 WhatGifts.com Service without your permission or in any way that constitutes copyright infringement, please provide WhatGifts.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 WhatGifts.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 WhatGifts.com at the following e-mail address: Sales@WhatGifts.com.

7. NO "SPAMMING": You must not use any feature of the WhatGifts.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 WhatGifts.com. If you use any feature of the WhatGifts.com Service for the purpose of sending Spam, WhatGifts.com reserves the right to immediately terminate your access to the WhatGifts.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the WhatGifts.com Service for Spam, please notify WhatGifts.com by using the Form under Contact page or e-mail us at Info@WhatGifts.com

8. NOTICES: WhatGifts.com may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to WhatGifts.com in writing via e-mail or as otherwise expressly provided by WhatGifts.com. WhatGifts.com may broadcast, distribute or display notices or messages through the WhatGifts.com Service to inform you of changes to the TOS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you. If you believe that other users are using the WhatGifts.com Service for Spam, please notify WhatGifts.com by e-mailing us at info@whatgifts.com

9. PRIVACY POLICY: It is WhatGifts.com’s policy to respect the privacy of its users. WhatGifts.com’s policies with regard to Personally Identifiable Information it collects from you, what information third parties affiliated with WhatGifts.com collect from you and how that information is used is governed by the WhatGifts.com Privacy Policy, which you can access here: Privacy Policy.

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

11. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the WhatGifts.com Service is personal to you. You agree not to resell or make any commercial use of the WhatGifts.com Service without the express consent of WhatGifts.com. You may not create bots or other computer generated automatic tools to abuse the WhatGifts.com Service in any manner. Use that constitutes abuse shall be determined by WhatGifts.com in its sole discretion. WhatGifts.com reserves the right to terminate your account if WhatGifts.com determines you have not complied with this TOS.

12. USER CONDUCT: WhatGifts.com reserves the right, but does not assume the responsibility, to monitor or review your conduct on the WhatGifts.com Site. Your use of the WhatGifts.com Service is subject to all applicable local, state, national and international laws and regulations.

In using the WhatGifts.com Service you agree not to:

• Use the WhatGifts.com Service for illegal purposes;

• Interfere or disrupt networks connected to the WhatGifts.com Service or violate the regulations, policies or procedures of such networks;

• Use the WhatGifts.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 WhatGifts.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 WhatGifts.com Service;

• Transmit through the WhatGifts.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 WhatGifts.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 WhatGifts.com Service any directory of WhatGifts.com’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this TOS;

• 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 WhatGifts.com’s sole discretion, is considered inappropriate, unauthorized or objectionable.

13. INDEMNIFICATION: You agree to indemnify and hold WhatGifts.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 WhatGifts.com Service, the violation of this TOS 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.

14. TERMINATION: You may terminate your participation in the WhatGifts.com Service with or without cause at any time and effective immediately. WhatGifts.com may terminate the WhatGifts.com Service or your use of the Service with or without cause at any time and effective immediately, at WhatGifts.com’s sole discretion, by immediate termination of your use of the WhatGifts.com Service should your conduct fail to conform to the terms and conditions of this TOS. WhatGifts.com shall not be liable to you or any third party for termination of the WhatGifts.com Service or termination of your use of the WhatGifts.com Service. Should you object to any terms and conditions of the TOS or any subsequent modifications WhatGifts.com makes to the TOS or become dissatisfied with the WhatGifts.com Service in any way, your only recourse is to immediately: (1) discontinue use of the WhatGifts.com Service; and (2) notify WhatGifts.com of your termination and, at your discretion, notify WhatGifts.com of the reasons for your termination. Upon termination of your use of the WhatGifts.com Service, your right to use the WhatGifts.com Service shall cease immediately. You shall have no right and WhatGifts.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 4, 5, 6, 9, 10, 13, 14, 15, 16, 18, 19 and 20 shall survive termination of the TOS.

15. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS. WhatGifts.com shall not be liable for your interactions with any organizations and/or individuals found on or through the WhatGifts.com Service/website. 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 organizations and/or individuals. WhatGifts.com is under no obligation to become involved in disputes between participants on the WhatGifts.com Service, or between participants on the WhatGifts.com Service and any third party.

16. LINKS TO THIRD PARTY SITES. Any web sites that are accessible via links included within the WhatGifts.com Service/website that take you out of the WhatGifts.com Service/website are not under WhatGifts.com’s control and WhatGifts.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.

17. VIOLATION OF TERMS BY OTHER USERS: WhatGifts.com asks that you participate in ensuring that all users follow the terms of this TOS by reporting any user reviews or other postings or messages that violate these terms. To report a violation of this TOS, please email us at Info@WhatGifts.com.


18. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE WHATGIFTS.COM SERVICE IS AT YOUR SOLE RISK. THE WHATGIFTS.COM SERVICE/WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHATGIFTS.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. WHATGIFTS.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WHATGIFTS.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 WHATGIFTS.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 WHATGIFTS.COM FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. WHATGIFTS.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 WHATGIFTS.COM SERVICE/WEBSITE. 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 WHATGIFTS.COM SERVICE/WEBSITE. WHATGIFTS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE/WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHATGIFTS.COM OR THROUGH THE WHATGIFTS.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.

19. LIMITATION OF LIABILITY: WHATGIFTS.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 WHATGIFTS.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 WHATGIFTS.COM OR A THIRD PARTY THROUGH THE USE OF THE WHATGIFTS.COM SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT WHATGIFTS.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 WHATGIFTS.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.

20. GENERAL PROVISIONS: This TOS shall be governed by and construed in accordance with the laws of the state of Arizona, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Arizona, provided, however, that WhatGifts.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this TOS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Phoenix , Arizona, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS 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. WhatGifts.com’s failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WhatGifts.com in writing. User and WhatGifts.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 this TOS are solely used for the convenience of the parties and have no legal or contractual significance.

21. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: WhatGifts.com reserves the right to modify or discontinue the WhatGifts.com Service/Website with or without notice to you. WhatGifts.com shall not be liable to you if WhatGifts.com modifies or discontinues its Service/Website. WhatGifts.com may change the terms and conditions of the TOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this TOS, WhatGifts.com may notify you by posting an announcement of the changes together with a link to the new TOS on the WhatGifts.com Website. By using the WhatGifts.com Service/Website after any change in the TOS you acknowledge and accept changes to the TOS.