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Terms and Conditions

Conditions of Use

By using GreatGiftCircle.com, you acknowledge and accept its terms and condition of use and services herein. Please read them carefully.

The services offered at www.GreatGiftCircle.com are provided to you, its users, under these Terms and Conditions and under any operating policies that may be published at the URL. The Terms and Conditions set forth herein comprise the entire agreement between you and Great Gift Circle and supersedes all prior agreements regarding the subject matter of the website and herein. By registering with Great Gift Circle, you agree to be bound by all of the Terms and Conditions set forth and may use GreatGiftCircle.com as long as you adhere to these Terms and Conditions.

Registration

You must register with GreatGiftCircle.com to create your profile, create your gift profile, create access, to include any reminders, and/or to edit your profile. To register with GreatGiftCircle.com, you must provide a valid email address as well as provide other profile information, including agreeing to these Terms and Conditions.

LIMITATIONS OF LIABILITY

BY USING THE GREATGIFTCIRCLE.COM, YOU AGREE AND UNDERSTAND THAT IT IS NOT PROMOTING ANY PRODUCTS AND THAT USING CERTAIN PRODUCTS CAN CAUSE INJURY OR DAMAGE EITHER AS A RESULT OF NEGLIGENCE OR OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS AND CONDITIONS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS AGAINST THE GREATGIFTCIRCLE.COM FROM ALL LIABILITY AND TO INDEMNIFY AND HOLD HARMLESS GREAT GIFT CIRCLE, INC., GREATGIFTCIRCLE.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND/OR PARTNERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY ON ACCOUNT OF OR IN ANY WAY RESULTING FROM OR RELATED TO ANY INJURIES OR DAMAGES CONNECTED WITH YOUR PROFILE AND WITH RESPECT TO ANY PRODUCTS PURCHASED DUE TO YOUR GIFT PROFILE, ANOTHER’S GIFT PROFILE, GIFT REQUESTS, OR IN CONNECTION WITH INFORMATION, CONTENT, MATERIALS, PRODUCTS, FROM ON YOUR PROFILE AT GREATGIFTCIRCLE.COM. YOU AGREE AND UNDERSTAND THAT BY CREATING A PROFILE OR USING THIS SITE, YOU AGREE TO THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND THAT SUCH AGREEMENT AND WAIVER AND RELEASE IS BINDING UPON AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS, AND INCLUDES ANY MINOR COMPANY USER AT ANY EVENT.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOSS PROFITS, LOSS OF REVENUE, LOSS OF USE, OR INJURY RISING OUT OF OR RELATED TO THIS SERVICE OR ANY GIFTS YOU RECEIVE AS A RESULT OF THIS SERVICE, WHETHER SUCH LOSS ARISES OUT OF CONTRACT, NEGLIGENCE, TORT, OR OTHER STATUTE IN EQUITY OR AT LAW OR OTHERWISE EVEN IF GREATGIFTCIRCLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Content

As a provider of the content of your profile, you are solely responsible for the data, text messages and/or information which is transmitted posted and distributed by you through all content posted by you and it is your sole responsibility. GreatGiftCircle.com does not control the content that you post and does not guarantee accuracy, integrity, or the quality of such content. Under no circumstances will GreatGiftCircle.com be liable in any way for any content you post or that is posted by any third party, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage any kind incurred as a result the use of the content which is posted. You are subject to the Privacy Policy if you post any content on GreatGiftCircle.com, and as such, you grant to Great Gift Circle, Inc., GreatGiftCircle.com ,and any successors, a non-exclusive worldwide royalty and non-revocable license to the content to distribute, display, modify, redistribute, sublicense, reproduce such content. You also grant GreatGiftCircle.com the ability and right to download and print in whole or part any content you post to GreatGiftCircle.com.

Copyright/Infringement

You may not post, distribute or reproduce in any way any copyright material, trademark material or other proprietary information owned by another without the prior written consent of the owner of that material.

Spam

By using GreatGiftCircle.com you agree not to use any feature for SPAM including chain letter, junk mail or sending any other information including email advertisements, notices. GreatGiftCircle.com may provide you with notice via email or other reasonable means of any changes to the and Conditions or its Privacy Policy.

Privacy Policy

The Privacy Policy of GreatGiftCircle.com is set forth herein. To access the Privacy Policy click here: http://greatgiftcircle.com/privacy.

Security

You are solely responsible for maintaining confidentiality of password and account and for any activities in your account. You remain liable for any breaches of security, loss or theft or unauthorized disclosure.

Abuse of Great Gift Circle

GreatGiftCircle.com means and includes GreatGiftCircle, Inc, and is personal to you and you agree not to resale or make any commercial use of GreatGiftCircle.com without its express written consent. You agree not to abuse the GreatGiftCircle.com in any manner. What is considered abuse shall be determined by GreatGiftCircle.com in its sole discretion. GreatGiftCircle.com reserves the right to terminate your account if it determines you have not complied with the Term and Conditions of use and conduct. By using GreatGiftCircle.com you are agreeing that you are old enough to use GreatGiftCircle.com. You must be at least 18 years of age to use the GreatGiftCircle.com. By using GreatGiftCircle.com, you warrant that you are agreement with its Terms and Conditions and that while using the service you will not do any of the following: (a) impersonate any personal identity or misrepresent affiliation with any person or any identity; (b) submit false or misleading information; (c) use the service for any commercial purpose; (d) engage in spamming or other similar activity; (e) restrict or inhibit others from others from using the service; (f) engage in any content that would constitute the criminal defense or comprise of civil liability; (g) upload any virus or harmful components; (h) attempt any unauthorized access to the service or any other systems through the service; (i) take any actions that would damage, interfere with, or harm the services or use of the service by any party.

You acknowledge and agree that you are solely responsible for the accuracy of the user information that you submit. You may delete or destroy user information at any time and reserve the right to refuse to post or remove any user information in whole or in part that we in our sole discretion believe to be inappropriate.

DISCLAIMER OF WARRANTIES

THE SERVICES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PROVIDED BY LAW WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE SERVICE. GREAT GIFT CIRCLE DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY OR LIABILITY OF THE INFORMATION PROVIDED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FOR PARTICULAR PURPOSE, AND ON INFRINGEMENT. GREAT GIFT CIRCLE DOES NOT WARRANT THAT THE SERVICE IT PROVIDES WILL BE SECURE, OR UNINTERRUPTED, OR ERROR FREE. GREAT GIFT CIRCLE MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, NEEDS, OR DESIRES.

YOU EXPRESSLY AGREE THAT YOUR USE OF GREATGIFTCIRCLE.COM IS BEING USED AT YOUR SOLE DISCRETION AND RISK. GREATGIFTCIRCLE.COM IS PROVIDED “AS IS” AND “AS AVAILABLE.” GREATGIFTCIRCLE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AT ANY TIME, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GREATGIFTCIRCLE.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS SERVICE WILL BE INTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GREATGIFTCIRCLE.COM DOES NOT WARRANT THAT THE SERVICE IT PROVIDES WILL BE SECURE, OR UNINTERRUPTED, OR ERROR FREE. IT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS. NO RESULTS FOR INFORMATION WHETHER ORAL OR WRITTEN SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GREATGIFTCIRCLE.COM DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICE OR TO THE ACCURACY ONLINE LIABILITY OF ANY INFORMATION THROUGH THE SERVICE WITH RESPECT TO ANY DEFECTS OF THE SOFTWARE. IF DEFECTS IN THE SOFTWARE ARE FOUND, THEY WILL ATTEMPT TO BE CORRECTED. YOU ACKNOWLEDGE THAT GREATGIFTCIRCLE.COM DOES NOT CONTROL THE CONTENT OF THE INFORMATION ON ANY USER PROFILE.

WE MAKE NO WARRANTIES REGARDING ANYONE WHO MAY CONTACT YOU. WE DISCLAIM ALL RESPONSIBILITY FOR THE ACTIONS OR ANY AND/OR FOR GIFTS GIVEN BY ANYONE TO YOU TO WHOM YOU GIVE OR RECEIVE A GIFT AS A RESULT OF THIS SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE YOUR SOLE REMEDY IS TO DISCONTINUE USE. TO UNSUBSCRIBE, CLICK HERE: UNSUBSCRIBE.

WE ATTEMPT TO REPORT THE INFORMATION YOU PROVIDE US ACCURATELY SO THAT YOU MAY RECEIVE THE GIFTS THAT YOU WOULD LIKE AND YOU CAN PURCHASE THE RIGHT GIFT FOR SOMEONE YOU KNOW.. WE MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY COMPANY MENTIONED ON THIS WEBSITE OR ANY RELATIONSHIP WITH ANY COMPANY OR ANY PRODUCT. WE MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, THAT A USER WILL BE ABLE TO DECIDE WHAT YOU WANT FOR YOUR GIFT OR IF THAT THE GIFT YOU RECEIVE OR ARE PURCHASING WILL BE SATISFYING OR MEET YOUR NEEDS.

Indemnification

You agree to indemnify and hold harmless GreatGiftCircle.com and its parents, directors, officers, employees, subsidiaries, agents, and affiliates from any of all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, costs which result in any way from the use or misuse by you of GreatGiftCircle.com, your violation in the terms and conditions, your violation of any law, or infringement by you of any right or entity or the violation of any Federal, State, or local law regulation.

Proprietary Rights

We retain all rights, title, and interest in GreatGiftCircle.com, including all content, data, materials, code, design, look and feel, etc…, and retain all associated intellectual property rights.

Termination

You may terminate your participation in the GreatGiftCircle.com with or without cause at any time and effective immediately. GreatGiftCircle.com may also terminate your use of its service with or without cause at any time effective immediately at the sole discretion by immediate termination at its sole discretion. GreatGiftCircle.com shall not be liable to you or any third party for termination of its service for any subsequent modification of the website to terms of service or its privacy policy. Your recourse is to discontinue use of GreatGiftCircle.com and to notify it of your termination and your release for your termination.

GreatGiftCircle.com Liability

GreatGiftCircle.com shall not be liable for any interactions you have with any merchants, retailers, or individuals through or as a result of using GreatGiftCircle.com; this includes, but is not limited to, payment, terms and conditions, warranties, representations associated with any dealings. GreatGiftCircle.com is not a party to those agreements and is under no obligation to be involved in any dispute between participants of GreatGiftCircle.com and any third party. Third party website links any websites that are accessible to GreatGiftCircle.com through a link are not under the control of GreatGiftCircle.com. GreatGiftCircle.com shall not be responsible for any content, product, services, or the website in any way. Most websites have are subject to their own privacy policies and terms of use. We encourage you to read the terms and conditions and privacy policies to know your rights with respect to each site that you visit.

General Provisions

Terms of service shall be governed by and in accordance with the laws of the State of California, including its conflict of law provisions. With respect to any dispute in any way arising out of or relating to these Terms and Conditions, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of California provided, however, that GreatGiftCircle.com in its sole discretion, may elect to first try to mediate before JAMS or another alternative dispute resolution company prior to any litigation be filed, and that you agree to do so. If any provisions of these Terms and Conditions are held by a court or competent jurisdiction to be contrary to law, then such provisions shall be construed as necessarily as nearly as possible to reflect the intent of the parties with the other provisions herein remaining in full force of effect. The failure by Great Gift Circle to exercise and enforce any rights or provisions of these Terms and Conditions shall not in any way constitute a waiver in any such right or provision, unless agreed in writing by Great Gift Circle. Users of GreatGiftCircle.com agree that any lawsuit arising out of or related to its service must commence within sixty (60) days after the cause of action arises or such cause of action is permanently barred.

The titles set forth in the Terms and Conditions or Privacy Policy are for the convenience of the parties only and have no legal significance.

Modifications To Terms And Conditions

GreatGiftCircle.com reserves the right to modify or discontinue the service provided by GreatGiftCircle.com with or without notice to you. GreatGiftCircle.com is not liable to you if it modifies or discontinues its service. GreatGiftCircle.com may change its terms and conditions at its own sole discretion. In the event material or substantial change with the terms of service, GreatGiftCircle.com may notify you via e-mail or by posting an announcement of such changes on the website. By using GreatGiftCircle.com you acknowledge accept any and all terms and conditions new and modified.


© 2010 Great Gift Circle