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.
- Access to Friendgiftr Service
Ownership of Intellectual Property
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
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
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.
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
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
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.
Privacy and Protection of Personal Information
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
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
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.
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
privacy issues should be directed to firstname.lastname@example.org.
Disputes with Others
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
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.
Disclaimers; Limitations; Waivers of Liability
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.
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
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.
Governing Law/Waiver of Injunctive Relief
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.
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,
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
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.
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.
Statute of Limitations
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.
Complaints or Notices
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
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.