Gift Hero (“Service”) allows a user to create wish lists, share gifting related information within a private network or publicly via a link or member search.
- DMCA Compliance (Take down notice procedures)
To access some of the features of the Website, you will have to create an account (“Account”). During the registration process, you will be required to provide certain information. You represent and warrant to Gift Hero that all information you submit when you create your Account is accurate and complete. If Gift Hero has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Gift Hero reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
You are solely responsible for your account and the activity that occurs while signed in to or while using your account, whether authorized by you or not. You must keep your Account information secure, including without limitation your user number/login and password. You must notify Gift Hero immediately of any breach of security or unauthorized use of your Account. Gift Hero is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your number/login, password or account.
CHILDREN UNDER 13
You must be at least 13 years old to register for and use the Service. To comply with the Children's Online Privacy Protection Act (COPPA), children under 13 years of age should not open their own accounts on this service. Wish lists for children under 13 years of age should be created and shared within a parent account or an account they open and maintain on behalf of the child under 13 years old.
- use the Site to abuse, harass, threaten, intimidate, or invade the privacy of any other person or entity;
- use the Site to impersonate or misrepresent your affiliation with any person or entity;
- use the Site for any unlawful purpose or for the promotion of illegal activities;
- post to, or link from the Site anything that:
- infringes the copyright or intellectual property right of others, or rights of publicity or privacy;
- is defamatory, obscene, or pornographic;
- is fraudulent, false, misleading, or deceptive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- use the Site to post advertising, promotional materials, or other forms of solicitation.
- use the Site or any of its content for any commercial purpose.
Further, under no circumstances may you:
- use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any content or individual element within the Site;
- access, tamper with, or use non-public areas of the Site, Gift Hero’s computer systems, or the technical delivery systems of Gift Hero’s providers;
- attempt to probe, scan, or test the vulnerability of any Gift Hero system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gift Hero or any of Gift Hero’s providers or any other third party (including another user) to protect the Site or Gift Hero’s Content;
- attempt to download Gift Hero Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those generally available third party web browsers for general consumer use (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, or its content;
- interfere or attempt to interfere with the proper functioning of the Service;
- not to use this site to collect or harvest personal information about other participants at this site;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- create accounts for the purpose of creating public lists with back links for link farm purposes
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- encourage or enable any other individual to do any of the foregoing.
You acknowledge that any violations of the provisions of this Section are subject to injunctive relief and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all related attorney fees, and legal costs.
The Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site, including its legality, reliability, and appropriateness.
USER CONTENT LICENSE
By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to Gift Hero, along with it assigns and licensees, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You agree that this license includes the right for us to make your User Content available to other users of the Site.
MONITORING OF USER CONTENT AND ACCOUNT TERMINATION
Gift Hero may remove any User Content at any time, with or without cause, with or without notice. Additionally, Company reserves the right to disable access to the Site, or terminate or suspend a Member’s Account, at any time, with or without cause, with or without notice. If Gift Hero terminates or suspends your Account for any reason you will not create another Account or otherwise attempt to access your Account without first receiving Gift Hero’s express written permission to do so.
As part of the Site, Gift Hero may provide you with a convenient way to add and follow links to third party website(s) as well as post content or items belonging to or originating from third parties (Collectively known as, “Third Party Sites”).
Gift Hero is not responsible for any Third Party Sites and has no control over Third Party Sites or the promotions, materials, information, goods or services available on such sites. Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Gift Hero, and their inclusion on the Site does not imply approval or endorsement by Gift Hero. Links to Third Party Sites are provided “as is” and are subject to change or removal at any time.
If you decide to leave the Site and access Third Party Sites you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Gift Hero takes no responsibility and assumes no liability for any User Content or Third Party Sites that you or any other user or third party posts to or accessed from the Site. Under no circumstances will Gift Hero be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted to or linked from the Site.
MONETIZATION OF WEB LINKS
Some links from Gift Hero to third party ecommerce sites are monetized by third party services. Gift Hero gets "credit" for its part in helping match the buyer with the right item from the right seller for the gift recipient. This monetization is automatic and transparent and does not affect the item price. This disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5
Gift Hero is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, amazon.co.uk, amazon.ca, amazon.it, amazon.de, amazon.fr.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
The Site and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Gift Hero Corporation and its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Gift Hero.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gift Hero.
Any other trademarks, service marks, logos, trade names, and any other proprietary designations contained on the Service are the sole property of their respective parties.
USER CONTENT TO RECEIVE COMMUNICATION IN ELECTRONIC FORMAT
Gift Hero may also use your email address to send you transactional emails which are core to the service such as group invites, reminder emails initiated by others, and password reset emails. Gift Hero may also send other messages, including information about Gift Hero and special offers from the company, its affiliates and partners. You may opt out of these messages by changing your account settings for birthday reminders, using the unsubscribe options at the bottom of the email, or sending an email to [email protected] or mail to the following postal address:
Gift Hero, Inc.
2 Burlington Woods Drive, Suite 100
Burlington, MA 01803 USA
Opting out may prevent you from receiving messages regarding Gift Hero feature updates or special offers from Gift Hero affiliates and partners.
THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GIFT HERO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GIFT HERO MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES AND RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFT HERO, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GIFT HERO OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIFT HERO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or with a Third Party Site you accessed via our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Where notice to Gift Hero is required by any law or regulation, notice may only be addressed to:
Gift Hero, Inc.
2 Burlington Woods Drive, Suite 100
Burlington, MA 01803 USA
Communications made through any Site e-mail or messaging systems, will not constitute legal notice to Gift Hero or any of its officers, employees, agents or representatives in any situation.