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:
RESTRICTIONS ON USE OF CONTENT:
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.
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.
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.
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.