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Friendgiftr Terms of Service

This Terms of Service ("Terms") is a legally binding agreement that governs your use of Friendgiftr.com and/or the applications offered by Friendgiftr, Inc. ("Friendgiftr") and accessed through third party web sites (collectively, the "Service"). By using or accessing the Service, you agree to be bound by these Terms.

  1. Access to Friendgiftr Service
    • Subject to your acceptance of these Terms, Friendgiftr grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) noncommercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
    • Friendgiftr Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Friendgiftr had actual notice on the date of amendment.
    • We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on www.friendgiftr.com or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at www.friendgiftr.com. You agree that you will, 1) periodically check www.friendgiftr.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.friendgiftr.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
    • Friendgiftr reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
    • You agree to be bound by any application, forum, or app specific rules published within the Service.
    • Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Friendgiftr's copyrights in and to the Service. Friendgiftr reserves the right to terminate your access to the service without notice if you violate these Terms.
    • You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
  2. Ownership of Intellectual Property
    • Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Friendgiftr and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/ or similar laws of other jurisdictions. Friendgiftr, the Friendgiftr logos, and all applications names are trademarks of Friendgiftr and may not be used without the express written permission of Friendgiftr.
    • You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any gift cards.
    • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Friendgiftr.
    • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Friendgiftr.
    • All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Friendgiftr in connection with the use of the Service shall be the exclusive property of Friendgiftr. You agree that unless otherwise prohibited by law Friendgiftr may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
  3. User Content
    • The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Friendgiftr and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Friendgiftr will be treated as non-confidential and non-proprietary.
    • You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Friendgiftr incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
    • You grant to Friendgiftr the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
    • Friendgiftr has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Friendgiftr does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
    • Friendgiftr has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Friendgiftr may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Friendgiftr reserves the right to treat User Content as content stored at the direction of users for which Friendgiftr will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Friendgiftr's attention.
    • You acknowledge that you do not rely on Friendgiftr to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
  4. Privacy and Protection of Personal Information
    • Friendgiftr respects the privacy of our users. Information collected from you is subject to the pertinent social network’s policy. By using the app, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Friendgiftr. Please see Friendgiftr's Privacy Policy. Questions regarding privacy issues should be directed to privacy@friendgiftr.com.
  5. Account Responsibility
    • This Service is offered through various social networks. The Service is only available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service ("Account"), you agree to:
      • provide true, accurate, current and complete information about yourself ( "Registration Data"); and
      • maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
    • Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Friendgiftr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Friendgiftr has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Provider reserves the right to terminate accounts that have been inactive.
  6. Disputes with Others
    • We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Friendgiftr and hereby agree to indemnify Friendgiftr from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
  7. Disclaimers; Limitations; Waivers of Liability
    • YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER FRIENDGIFTR NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Friendgiftr PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE FRIENDGIFTR PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FRIENDGIFTR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FRIENDGIFTR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    • UNDER NO CIRCUMSTANCES WILL THE FRIENDGIFTR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FRIENDGIFTR IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
  8. Indemnification
    • You agree to defend, indemnify and hold harmless the Friendgiftr Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
  9. Governing Law/Waiver of Injunctive Relief
    • This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles County, California.
    • You acknowledge that the rights granted and obligations made hereunder to Friendgiftr are of a unique and irreplaceable nature, the loss of which shall irreparably harm Friendgiftr and which cannot be replaced by monetary damages alone so that Friendgiftr shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
    • Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Friendgiftr agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Friendgiftr, Inc. 1680 N. Vine Street Suite #327, Hollywood, CA 90028.
    • Binding Arbitration. If you and Friendgiftr are unable to resolve a Dispute through informal negotiations, either you or Friendgiftr may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Friendgiftr will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Friendgiftr may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    • Restrictions. You and Friendgiftr agree that any arbitration shall be limited to the Dispute between Friendgiftr and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
    • Exceptions to Informal Negotiations and Arbitration. You and Friendgiftr agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Friendgiftr intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
  10. Waiver/Severability
    • The failure of Friendgiftr to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Friendgiftr's right to assert or rely upon any such provision or right in that or any other instance.
    • You and Friendgiftr agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Friendgiftr will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Friendgiftr agree to submit to the personal jurisdiction of that court.
  11. Miscellaneous
    • Friendgiftr operates and controls the Service from its offices in the United States. Friendgiftr makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Friendgiftr to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Termsby destroying all Service-related materials obtained from the Service, Friendgiftr or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Friendgiftr if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Friendgiftr's prior written consent. These Terms contain the entire understanding of you and Friendgiftr, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Friendgiftr. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Friendgiftr's request, you will furnish Friendgiftr any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Friendgiftr by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
  12. Statute of Limitations
    • You and Friendgiftr both 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 Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
  13. Complaints or Notices
    • The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to Friendgiftr, Inc.
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