GIFTPLUM TERMS OF SERVICE

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

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

 

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.

 

REGISTRATION:

You are required to register with giftplum.com if you want to write a review, create profiles of gift recipients, create and access your reminders, and view and edit your profile. In order to register with giftplum.com you must supply a valid email address, which will be used as a unique identifier for your account, and a password. Registering with the facebook connect API will automatically collect certain information about you, including but not limited to your name, email address, gender and birthday.

 

DESCRIPTION OF SERVICE:

giftplum.com provides users with a variety of online services, including but not limited to:

1. a. Gift Ideas & Recommendations. giftplum.com will suggest gift ideas for friends and family based on certain information you provide to us about the recipient such as age, gender, and personality. You may also search for gift ideas based on a specified price range, the occasion for which you would like to purchase a gift, and the recipient's personality. You can email an individual gift idea or collection of gift ideas (“Shortlist”) to another person or persons using giftplum’s social integration features.

1. b. Gift & Birthday Reminders. A reminder can be created by providing the recipient's name and the name and date of the occasion either directly or indirectly by granting access through a 3^rd party API, such as facebook connect. Reminders may include on-site reminders, email reminders and/or reminders pushed to mobile devices via “Apps.”

 

 

1. c. Reviews. giftplum.com may allow you to post reviews of gifts, which will be displayed underneath each product. Your reviews may viewable by all giftplum.com registered users. giftplum.com reserves the right to pull down a review if it contains derogatory language, threats of physical harm, or any other reason giftplum.com determines in its sole discretion is necessary to protect the integrity of its service. In the rare event the giftplum.com unintentionally or inadvertently accepts profane or unacceptable language in a review, users are encouraged to report such abuse to the giftplum.com administrator. giftplum may also post links to or excerpts from reviews created by 3^rd parties.

 

LIMITATION OF LIABILITY:

BY USING GIFTPLUM.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 GIFTPLUM.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GIFTPLUM.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 GIFTPLUM.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.

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. giftplum.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 giftplum.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 giftplum.com's Privacy Policy, you agree if you post any Content on the giftplum.com site, you grant to giftplum.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 giftplum.com has a relationship. You also grant giftplum.com the right to authorize the downloading and printing in whole or in part of any Content that you post to the giftplum.com Service.

 

OWNERSHIP & PROTECTION OF CONTENT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of giftplum.com or its content suppliers independent of giftplum.com, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of giftplum.com and protected by U.S. and international copyright laws. All software used on this site is the property of giftplum.com or its software suppliers and protected by United States and international copyright laws.

ACCESSING GIFTPLUM CONTENT

giftplum.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of giftplum.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or images; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another gift finding or registry service; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of giftplum.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of giftplum.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing giftplum.com's name or trademarks without the express written consent of giftplum.com. Any unauthorized use terminates the permission or license granted by giftplum.com. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to the pages of giftplum.com so long as the link does not portray giftplum.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

NO "SPAMMING":

You must not use any feature of the giftplum.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 giftplum.com. If you use any feature of the giftplum.com Service for the purpose of sending Spam, giftplum.com reserves the right to immediately terminate your access to the giftplum.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the giftplum.com Service for Spam, please notify giftplum.com using the Report Abuse form that is available by clicking the "Report Abuse" link under a user's product review.

PRIVACY POLICY:

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

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

NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE:

Your right to use the giftplum.com Service is personal to you. You agree not to resell or make any commercial use of the giftplum.com Service without the express consent of giftplum.com. You may not create bots or other computer generated automatic tools to abuse the giftplum.com service in any manner. Use that constitutes abuse shall be determined by giftplum.com in its sole discretion. giftplum.com reserves the right to terminate your account if giftplum.com determines you have not complied with these Terms of Service.

USER CONDUCT:

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

 

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

 

- Use the giftplum.com Service for illegal purposes;

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

- Use the giftplum.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 giftplum.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 giftplum.com Service;

- Transmit through the giftplum.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 giftplum.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 giftplum.com Service any directory of giftplum.com's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service;

- 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 giftplum.com's sole discretion, is considered inappropriate, unauthorized or objectionable.s of Service.

TERMINATION:

You may terminate your participation in the giftplum.com Service with or without cause at any time and effective immediately. giftplum.com may terminate the giftplum.com Service or your use of the Service with or without cause at any time and effective immediately, at giftplum.com's sole discretion, by immediate termination of your use of the giftplum.com Service should your conduct fail to conform to the terms and conditions of these Terms of Service. giftplum.com shall not be liable to you or any third party for termination of the giftplum.com Service or termination of your use of the giftplum.com Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications giftplum.com makes to the Terms of Service or become dissatisfied with the giftplum.com Service in any way, your only recourse is to immediately: (1) discontinue use of the giftplum.com Service; and (2) notify giftplum.com of your termination and, at your discretion, notify giftplum.com of the reasons for your termination. Upon termination of your use of the giftplum.com Service, your right to use the giftplum.com Service shall cease immediately. You shall have no right and giftplum.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.

TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS:

giftplum.com shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the giftplum.com 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. giftplum.com is under no obligation to become involved in disputes between participants on the giftplum.com Service, or between participants on the giftplum.com Service and any third party.

LINKS TO THIRD PARTY SITES:

Any web sites that are accessible via links included within the giftplum.com Service that take you out of the giftplum.com Service are not under giftplum.com's control and giftplum.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.

VIOLATION OF TERMS BY OTHER USERS:

giftplum.com asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at or click on the Report Abuse link under user reviews.

DISCLAIMER OF WARRANTIES:

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

GENERAL PROVISIONS:

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

SEARCH ENGINE ACCESS

Search engines can use robots to spider the giftplum.com website according to the rules set forth in our "robots.txt" file. Such data collection is allowed for the purpose of including links to our pages within the publicly accessible areas of search engine's web service. Search engines and can provide links with descriptive content to any of giftplum.com's public pages as specified in our "robots.txt" file.

PRODUCT & STORE DESCRIPTIONS

giftplum.com and its affiliates attempt to be as accurate as possible. However, giftplum.com does not warrant that product descriptions, prices or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by giftplum.com itself is not as described, your sole remedy is to contact the giftplum.com affiliate that sold you this product and abide by their policies. giftplum will not accept returns of merchandise found through the giftplum.com website.

OUR AFFILIATED PARTNERS

The Site or third parties may provide links to other World Wide Web sites or resources. Because giftplum has no control over such sites and resources, you acknowledge and agree that giftplum is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that giftplum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should carefully review their privacy statements and other conditions of use.

 

PROCEDURE FOR CLAIMS ON INTELLECTUAL PROPERTY INFRINGEMENT

giftplum respects the intellectual property of others, and we ask our users to do the same. giftplum may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide giftplum's Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

giftplum’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: [email protected]

giftplum may update this email address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.

APPROPRIATENESS OF GIFT IDEAS & RECOMMENDATIONS

Although giftplum makes efforts to ensure the accuracy and relevance of recommendations delivered through the website, we do not guarantee that gift recommendations will be appropriate, safe or legal for the specific gift recipient. giftplum links to merchants carrying alcoholic products, health products and weapons which may be dangerous or illegal depending on locality, age of recipient, or method of usage.

NON-AFFILIATION WITH 3^RD PARTIES

giftplum provides links to 3^rd party websites providing product introductions, reviews or other editorial related to content on giftplum.com. giftplum is not in any way affiliated with any of these 3^rd parties, and the existence of links to 3^rd parties does not constitute their endorsement of any giftplum, our recommendation process or any of the products in our database. Descriptions of 3^rd party websites displayed on giftplum have been prepared without their input or consent and may be partly or wholly inconsistent with the 3^rd party’s content or customer value proposition.

MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:

giftplum.com reserves the right to modify or discontinue the giftplum.com Service with or without notice to you. giftplum.com shall not be liable to you if giftplum.com modifies or discontinues its Service. giftplum.com may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, giftplum.com may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the giftplum.com Service. By using the giftplum.com Service after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.

 

This Terms of Service was last updated on November 18, 2012