1. Accepting the terms
By using and/or visiting the www.GiftAdvisor.com Website or any other Websites owned by GiftAdvisor.com (collectively the "Website"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the GiftAdvisor.com.com website) or you are a "Member" (which means that you have registered with GiftAdvisor.com). The term "You" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Website, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Website and you may not accept this Agreement if you are not of a legal age to form a binding contract with GiftAdvisor.com.
You accept that GiftAdvisor.com is provided on an as-is basis and we do not provide any guarantees or represent that the Website will be accessible, reliable, timely, responsive, complete, error-free, virus-free, or operating correctly at the time that You access them. The Website may contain links to third party websites that are not owned or controlled by GiftAdvisor.com. GiftAdvisor.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release GiftAdvisor.com from any and all liability arising from your use of any third-party website.
GiftAdvisor.com is not responsible for the conduct, whether online or offline, of any user of the sites. GiftAdvisor.com takes reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. GiftAdvisor.com assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting.
Under no circumstances shall GiftAdvisor.com be responsible for any loss or damage, including personal injury or death, resulting from use of the sites, any content posted on or through the sites, or conduct of any users of the sites, whether online or offline. We cannot guarantee that the GiftAdvisor.com will locate unintended or objectionable content and GiftAdvisor.com accepts no responsibility or liability for the content of any site included in any GiftAdvisor.com list or otherwise linked to by GiftAdvisor.com, or for your use of such content. We can, whenever we want, edit or delete any content displayed on the sites. GiftAdvisor.com reserves the right to remove any pictures or content, update links, without notice to you, any other user, or any third party.
3. Website Access
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify GiftAdvisor.com of any unauthorized use of your password or account or any other breach of security. GiftAdvisor.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the GiftAdvisor.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GiftAdvisor.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GiftAdvisor.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
4. Use of the Website
You will use (and promote) GiftAdvisor.com only for its intended and lawful purposes. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content. You will not use GiftAdvisor.com to create, transmit or share any unwanted email ("Spam") to any user or email addresses. You will not post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, racist, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party. You are solely responsible and liable for any information You post, submit, or communicate on GiftAdvisor.com.
You will not spam referral link through email, message boards, or any other physical or electronic means, collect or attempt to collect the Customer Data of any other User. You will not attempt to artificially inflate the votes or page views for any webpage on GiftAdvisor.com. GiftAdvisor.com is not responsible for the User Information that You exchange with other Users on the Website or 3rd party content that you access through the Website, and GiftAdvisor.com is not required to monitor, censor, or edit any User Information, which is solely the responsibility of the User, or 3rd party website content.
You will not attempt to interfere with, block, or degrade the performance, capacity, or functionality of any User, host, or network through any means, including but not limited to flooding, overloading, or crashing. You will not upload to the Website or use the Website to distribute or link to any viruses, worms, robots, spiders, or software of any damaging nature. You will not attempt to probe, scan, or test the vulnerability of the Website. You will not forge any TCP/IP packet header or any part of the header information in any e-mail.
5. Content on GiftAdvisor.com
You understand and agree that when using GiftAdvisor.com, you will be exposed to content from a variety of sources, and that GiftAdvisor.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to content submitted by Users. You further understand and acknowledge that you may be exposed to content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GiftAdvisor.com with respect thereto, and agree to indemnify and hold GiftAdvisor.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. You may access content submitted on GiftAdvisor.com only as permitted under this Agreement. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
GiftAdvisor.com does not endorse or make any representations about other websites, any content on them, or results that may be obtained from using them. GiftAdvisor.com does not control and is not responsible for any 3rd party website or its content. If You decide to access any of the third party sites linked to this Website or listed in search results, You do so entirely at your own risk.
6. Copyright, Trademark and Intellectual Property
The third-party images and text referenced, made accessible or made available to you on the Website are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose. It is your responsibility to obtain any authorizations to use an image or text that may be required; GiftAdvisor.com cannot give you such authorization.
You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying our Website is the property of GiftAdvisor.com, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
7. User Submissions
The interactive nature of postings on GiftAdvisor.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by GiftAdvisor.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by GiftAdvisor.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to GiftAdvisor.com, you hereby grant GiftAdvisor.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and GiftAdvisor.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
If you choose to post User Submissions on GiftAdvisor.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of GiftAdvisor.com reflects your respect for the legal rights of users connected with GiftAdvisor.com. You understand that GiftAdvisor.com does not guarantee any confidentiality with respect to any User Submission.
GiftAdvisor.com expressly disclaims any and all liability in connection with User Submissions. GiftAdvisor.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. GiftAdvisor.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
8. Contests and Rewards
GiftAdvisor.com will host contests for gift ideas from time to time. You shall be solely responsible for your own User Submission in contests and the consequences of posting or publishing them. By submitting the User Submissions to GiftAdvisor.com, you hereby grant GiftAdvisor.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and GiftAdvisor.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
You also permit GiftAdvisor.com to update the link and any portion of your User submissions. You acknowledge that GiftAdvisor.com reserves the right to decline to select a User submission for consideration for any reason. Participants, who in the opinion of GiftAdvisor.com, do not comply with these User submission guidelines, or for any other reason at GiftAdvisor.com's sole discretion, can at any time be excluded from consideration without notice.
The decisions of GiftAdvisor.com are final and binding.
9. Account Termination Policy
10. User Registration and Identity
You will not represent yourself as anyone else than who You really are, whether this is your own identity or the identity of any Entity You claim to represent. You will not access or attempt to access the Website using an identity, email address, or account that does not belong to You. If You represent yourself as acting on behalf of any Entity, You warrant that You are legally able to represent the Entity, that You are accepted or appointed by the Entity as its representative, and that You act on behalf of the Entity.
11. Password and Security
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. If You believe anyone else has or could have obtained it, you will log-on and change your password. You agree to notify GiftAdvisor.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You agree that GiftAdvisor.com has the right to comply, in its sole discretion, with legal requirements governing release of Customer Data and User Information to requesting government authorities.
12. Content Rights
You will not post content that is false, misleading, misrepresenting, discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or in breach of any copyright, trademark, or other intellectual property rights. You agree to indemnify GiftAdvisor.com for all claims resulting from User submissions or other content You supply.
You will not copy, reproduce, modify, sell, distribute, or otherwise use any Material on or from our Website or emails without our written permission. You will not copy, reproduce, modify, sell, distribute, incorporate, or otherwise use our copyrighted, trademarked, or patent-pending intellectual property without our written permission.
You allow us to reproduce and use in any way feedback that you provide to us, without your additional permission. You grant GiftAdvisor.com the right but not the obligation to use the name that You submit in connection with such feedback content.
13. Termination of membership
AT ANY TIME GiftAdvisor.com MAY TERMINATE YOUR MEMBERSHIP OR YOUR RIGHT TO USE THE WEBSITE WITH OR WITHOUT CAUSE.
14. Disclaimer of Warranties
You acknowledge that GiftAdvisor.com has no control over, and no duty to take any action regarding: which users gain access to the Website; what effects the Website may have on you; how you may interpret or use the Website; or what actions you may take as a result of having been exposed to the Website. You release GiftAdvisor.com from all liability for you having acquired or not acquired through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. GiftAdvisor.com makes no representations concerning any content contained in or accessed through the Website, and GiftAdvisor.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.
THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
NEITHER GiftAdvisor.com, NOR ITS AGENTS, EMPLOYEES, BOARD MEMBERS, OR OFFICERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR ANY DIRECT OR INDIRECT DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO USE OF THE WEBSITE, THE CONTENT ACCESSED THEREON OR THE REWARDS PROGRAM, EVEN IF GiftAdvisor.com OR AN AUTHORIZED GiftAdvisor.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend, and hold GiftAdvisor.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage (including reasonable attorneys' fees incurred in the defense or investigation of any such claim) relating to or arising from your use of this Website, your violation of this Agreement, and any claims by a third party alleging that you have breached an agreement by and between you and such third party.
GiftAdvisor.com may modify this Agreement from time to time without notice to you. Any and all changes to this Agreement will be posted on the GiftAdvisor.com.com site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Website after those changes are posted.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if GiftAdvisor.com does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which GiftAdvisor.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of GiftAdvisor.com's rights and that those rights or remedies will still be available to GiftAdvisor.com.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and GiftAdvisor.com regarding the subject matter of the same, and supersedes all other previous agreements.