SERVICES VOID WHERE PROHIBITED
Use of gift-wow.com 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 of Service of this Agreement.
You are required to register with GiftWow! if you want to create profiles of gift recipients, create and access your reminders, and view and edit your profile. In order to register with GiftWow! you must supply a valid email address, which will be used as a unique identifier for your account, and a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into gift-wow.com, you represent and warrant that: (i) you are a customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of GiftWow!, or agent thereof.
All graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of GiftWow! or its suppliers and/or licensors, and are protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, or display, of the content on this site is strictly prohibited. Any other use, including modification, reproduction, uploading, transmission, or distribution in any form or by any means without GiftWow!’s prior written permission, is strictly prohibited. All software used on the Site is the sole property of gift-wow.com or those supplying the software.
REUSE OF USER GENERATED CONTENT
GiftWow! may allow users to the gift-wow.com to post product reviews, comments and/or testimonials ("Content") on the site. By submitting such Content, you automatically agree and promise that all Content is accurate and original and that, without any particular time limit, and without the payment of any fees, GiftWow! may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, you grant GiftWow! the right to use the name you submit in connection with such Content.
As a condition of using gift-wow.com, you agree that you will not use gift-wow.com, or any of the content obtained from the Site, for any purpose that is unlawful under applicable law or prohibited by these Terms of Service, or to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of GiftWow!, its affiliates or other individuals. Furthermore, you may not, without limitation, reproduce, distribute, transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit gift-wow.com or any content, information, products or services obtained from gift-wow.com, for any commercial purpose or enterprise. If you violate any of these Terms of Service, your permission to use the Sites automatically terminates. Please report any violations of these Terms of Service (except for claims of intellectual property infringement) to GiftWow!'s Administrative office at firstname.lastname@example.org
GiftWow! attempts to be as accurate as possible, but honest mistakes happen. As a result GiftWow! does not warrant that product descriptions, product prices or other content of this site is 100% accurate, complete, reliable, current, or error-free. We strive to keep aware of price changes on our merchants’ sites and work hard to keep our displayed prices current.
You agree to indemnify and hold GiftWow!, 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 Site or 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
GiftWow! does not sell products directly, but instead provides links to merchants where displayed products can be purchased. GiftWow! is an affiliate of many of the merchants whose products are featured on the Site and those merchants pay us a commission when you purchase using our links. You pay the same amount for products whether you use our links or go direct to the merchant. The commissions help support the cost of providing the GiftWow! service to you for free.
INTERACTIONS WITH THIRD PARTY ORGANIZATIONS OR INDIVIDUALS:
GiftWow! shall not be liable for your interactions with any merchants, retailers and/or third parties found on or through the GiftWow! 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. GiftWow! is under no obligation to become involved in disputes between you, participants on the GiftWow! Service and any third party.
DISCLAIMER AND LIABILITY LIMITS:
THIS SITE IS PROVIDED BY GIFTWOW! ON AN "AS IS" BASIS. GIFTWOW! MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFTWOW! DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIFTWOW! WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, BREACH OF SECURITY, 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 OR THROUGH GIFTWOW! WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE INAPPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If any provision of the Terms of Service is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law. Section titles in the Terms of Service are for convenience and do not define, limit, or extend any provision of the Terms of Service. As used herein, the term "including" means "including without limitation". Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms of Service may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms of Service without your prior written consent, to any third party. The terms of these Terms of Service shall be binding upon permitted assignees. GiftWow! may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to GiftWow! in writing via e-mail or as otherwise expressly provided by GiftWow!
These Terms of Service are governed by the laws of the State of California, without regard to principles of conflict of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time, effective immediately upon posting on the Site.
Copyright 2015 GiftWow!. All Rights Reserved