EGIFTIA.COM - TERMS OF USE

The contents of the eGiftia.com website, including, but not limited to the eGift Card services (“Site”), are owned and operated by eGiftia LLC (“eGiftia”).  Before using the site, You must carefully read these Terms of Use.  If You do not agree to these Terms of Use, You should immediately cease using the Site.  For the purposes hereof "You", "Your" and "Yourself" includes any party accessing the Site as well as any corporation, partnership, limited liability company or other entity or entities on whose behalf or for whose benefit such accessing party is accessing the Site.

INTENDED AUDIENCE/USE:
The Site and all the information, communications, software, scripting, photos, text, video, audio, graphics, images, sounds, music and other materials and services found on the Site (collectively, “Content”) is intended for the lawful use of the Site’s subscribers, affiliates, employees and members of the general public who are over the age of eighteen (18).  Use of the Site is subject to these Terms of Use, which may be changed by eGiftia at any time without notice.  You may review the current version of the Terms of Use at http://www.myvids.tv/.

LOCATION:
The Site is controlled and operated in whole or in part by eGiftia from its offices within the United States.  eGiftia makes no representations or warranties that the content on its Site is appropriate or available for use in locations outside the United States.  Those who access the Site from outside of the United States are responsible for compliance with applicable local laws and enter the Site at their own risk.

ACCEPTANCE OF TERMS:
You acknowledge that You have read and agreed to these Terms of Use.  You agree to comply with all applicable laws and regulations, including, but not limited to, U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which You reside.  You agree to comply with all local laws, regulations and rules regarding online conduct.  You represent and warrant that You have the legal authority to accept these Terms of Use on behalf of Yourself or any party You represent.  In the event You object to these terms, please refrain from using the Site.

RESTRICTIONS ON USE OF CONTENT:
You are hereby granted permission to access the Content from the Site in whole or in part for the purposes of browsing the Site or ordering services.  You may not engage in any unauthorized uses of any content on the Site, unauthorized copying or reproduction thereof, or unauthorized display thereof.  You are hereby notified that the Content is protected in the U.S. and internationally by a variety of laws, including, but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws.  eGiftia also owns a copyright in the selection and arrangement of the Content.  In the event that You breach these Terms of Use, permission to access the Content from the Site shall automatically terminate.

eGiftia grants You permission to use the Site only pursuant to these Terms of Use.  Any other use of Content from the Site, including, but not limited to, downloading, uploading, publication, modification, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other means), or exploiting the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without eGiftia’ prior express written consent.

The Site is intended for use by persons over the age of eighteen (18).  No information should be submitted or posted on this Site by users under eighteen.  eGiftia encourages parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

TRADEMARKS AND SERVICE MARKS:
There are numerous proprietary trademarks, logos, slogans and product designations found on this Site.  By making them available on the Site, eGiftia does not grant You a license therein for any purposes whatsoever.  Access to the Site also does not confer upon You any license relating to any third party’s intellectual property rights.

No eGiftia trademark, logo, slogan, service mark or product designation may be used as a hyperlink without eGiftia’ express prior written consent.

SUBMISSION OF INFORMATION:
Although eGiftia provides certain encryption in an effort to protect the electronic transmission of credit card numbers and social security numbers submitted through the Site (“Personal Information”), eGiftia cannot and does not guarantee the security of Personal Information.  Transmitting Personal Information through the Site has many risks, including, but not limited to, identity theft and fraud.  You acknowledge that You understand any security risks related thereto and hereby agree to assume any security risks relating to Personal Information.

Other than for Personal Information and personally identifiable information requested by eGiftia, eGiftia asks that You do not send confidential or proprietary information through the Site.  While Personal Information and personally identifiable information will be treated in accordance with our Privacy Policy, other information that You send through the Site will be deemed “Non-Confidential Information.”  You hereby grant eGiftia an unrestricted, royalty free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Non-Confidential Information and agree that eGiftia may use any ideas, concepts, know-how or techniques that You send through the Site for any purpose whatsoever without compensation to You or any other person sending such Non-Confidential Information.  You represent and warrant that You have valid ownership or control of all of the rights to such Non-Confidential Information and that public posting and use of Your content by eGiftia will not infringe or violate the rights of any third party.

You may not post or transmit to or from the Site any threatening, unlawful, libelous, defamatory, obscene, scandalous, pornographic, inflammatory or profane material, or any other material that could give rise to civil or criminal liability under applicable law.

PRIVACY POLICY:
eGiftia’ use and collection of personally identifiable information is subject to our Privacy Policy.  Our Privacy Policy may be viewed by clicking the link at the bottom of eGiftia.com's Home page.

PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If You choose to participate in a promotion or other Site activity ("Site Activity"), You agree to comply with any rules or regulations governing such Site Activity.  Additionally, as a condition of Your continued participation in the Site Activity, You agree not to:  1) upload, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site Activity; 5) upload, post, email, transmit, link or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit, link or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, email, transmit, link or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, email, transmit, link or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;   9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users.  You hereby agree that violation of any of the foregoing will result in Your immediate disqualification from being a participant in the Site Activity, and may result in additional legal actions being taken by eGiftia.

LINKS TO THIRD PARTY WEB SITES:
This Site may provide links to other third party websites or resources.  eGiftia makes no representations of any kind about any other website or resource that may be accessed through the Site.  You hereby acknowledge and agree that eGiftia is not responsible in any capacity for any activities, including, but not limited to, content, advertising, products, services or other materials relating to any third party website or resource.  You bear any risk in connection with such third party websites and resources and must take precautions to ensure that Your use thereof is free of viruses, worms, trojan horses and other items of a destructive nature.  References on this Site to any names, marks, products or services of any third parties or hypertext links to third party websites, resources or information are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with such third party or its products and services.  eGiftia makes no representation or warranty as to any third party content, products or services available on or through any such third party website or resource.

NOTICES:
Notices to You may be made through e-mail or U.S. mail.  eGiftia may additionally notify You of changes to these Terms of Use or other matters by displaying notices and/or links to notices to You generally on the Site.

DISCLAIMER OF WARRANTY:
EGIFTIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER THIRD PARTY WEB SITES LINKED TO OR FROM THE SITE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE.  THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EGIFTIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EGIFTIA SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

LIMITATION OF LIABILITY:
EGIFTIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT, LINKS OR THIRD PARTY WEBSITES OR RESOURCES, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF EGIFTIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, EGIFTIA’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

REVISIONS:
eGiftia may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content on this Site, in whole or in part, at any time without notice, for any reason or no reason.  You agree that eGiftia shall not be liable to You or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.   eGiftia may, at any time, revise these Terms of Use without notice to You.  You hereby agree to be bound by any such revisions.  You agree to undertake to periodically visit these Terms of Use to determine the current version of the Terms of Use to which You will be bound.  You understand and agree that eGiftia shall have the right to change the rates, costs, prices and charges at any time for any reason.

TERMINATION:
You agree that eGiftia, in its sole discretion, may terminate or restrict Your use and access to this Site for any reason, including, but not limited to, violation of these Terms of Use.

GENERAL INFORMATION:
You understand and agree that each order and sale is final and no refunds shall be given.  These Terms of Use supersede any prior terms of use between You and eGiftia relating to use of this Site and such matters; provided, that You will also be subject to the eGiftia.com Privacy Policy and to additional terms and conditions that may apply when You subscribe to the Site or become an affiliate of the Site.  In the event any provisions of these Terms of Use are held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms of Use.  The failure of eGiftia to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  By accessing the Site You agree that the statutes and laws of the United States and the state of Illinois, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and You agree that any litigation shall be subject to the exclusive jurisdiction and venue of the state or federal courts in the County of Iroquois, Illinois, USA.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.