BY ACCESSING, REGISTERING WITH OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER WITH, OR USE THE SERVICE.
GF reserves the right to modify or change these Terms of Service at any time without prior notice to you. If GF modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of this page. The most current version of these Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located on the Service. Your continued access to and/or use of the Service after GF posts any revised Terms of Service constitutes your agreement to any such revised Terms of Service.
Use of the Service. You agree not to enter or use the Service for any purpose that is not expressly permitted by these Terms of Service, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Service including, without limitation, those applicable to the Internet, copyrights and trademarks.
Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are authorized to provide such information to us so that we may use, process and transfer such personally identifiable information in connection with our provision of Service and any purchase made via the Service, and you assume all responsibility for dissemination and use of the information provided.
Restrictions. You agree not to, without first obtaining GF’s express written permission, (a) use any of its trademarks as metatags on other web sites; (b) use the Service in any manner that is illegal or impairs the operation of the Service or its availability or usage by others; and/or (c) display any part of the Service in frames (or any content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service, and not to insert any code or product or manipulate the Service in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Service. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Service except for customary search engines used in accordance with automated instructions directed to search engines and available on the Service.
You are prohibited from violating or attempting to violate any security features of the Website, including without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Website, overloading, “flooding”, “spamming,” “mail bombing,” or “crashing”; (d) using the Website to send unsolicited email, including without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Website. Any violation of system or network security may subject you to civil and/or criminal liability. You many not circumvent any access or use restrictions, data encryption or content protection related to the Website. You may not data mine the Website or in any way cause harm to the Website.
Accuracy of Product Descriptions
We attempt to be as accurate as possible on our Website; however, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in an unused condition.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Company reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered, and Company reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Company reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, in Company’s sole discretion.
This Website contains information, data, text, software, images, illustrations, artwork, photographs, pictures, logos, icons, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, service marks, trade dress and other intellectual property rights. Unless otherwise noted on this Website, all right, title and interest (including all copyrights, trademarks, service marks, trade dress and other intellectual property rights) in and to the Content is owned by the Company and/or its subsidiaries, affiliates, assigns, licensors or other parties who have licensed their material to the Company. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of GF. You may use the Content (as long as no other restrictions are explicitly stated) solely for your personal, non-commercial use and may download, print or make copies of insignificant portions of the Content for your personal, non-commercial use, so long as you (a) maintain and do not remove or obscure any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, (b) make no modification to the Content, and (c) do use the Content in a manner that suggests an association with any of our products, services or brands. No right, title or interest in any downloaded printed or copied materials is transferred to you as a result of any such downloading, printing or copying. Except as provided in this paragraph or as permitted by the fair use privilege under the U.S. copyright laws, you may not copy, download, upload, post, transmit, reproduce, republish, modify, distribute, disseminate, broadcast, circulate or create derivative works from any Content in any form without the express prior written consent of the Company. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal, state and foreign laws. Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way the Website or its Contents.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Website may also contain references to trademarks, copyrighted materials, technologies, products or other proprietary rights of third parties, who may or may not be affiliated with, connected to, or sponsored by GF. No license to or right in any such trademarks, copyrighted materials, technologies, products or other proprietary rights is granted to or conferred upon you without our written permission or that of the third party rights holder.
License & Site Access
The Company grants you a limited, non-exclusive, non-assignable and non-transferable license to access and make personal use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, without the express prior written consent of the Company. This license also grants you a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website www.giftfairyhq.com, so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without the express written permission of the Company. This license does not include any resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you terminates the permission of the license granted by the Company to you.
Membership and Registration
Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website. You may also provide information to the Website in other contexts, including, for example, to enter into a sweepstakes or promotion.
When you register or become a member of the Website or provide information to the Website in any other manner, you agree to the following terms listed below.
a) Your membership is solely for your personal use, and you will not authorize others to use your account. You are responsible for maintaining the confidentiality of the password and account and all activities that occur under your password or account.
While the Company will treat your account and the information therein with the utmost care, the Company cannot and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with all terms of this provision.
Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, publish or display on the Website and any such content that you provide or make available to other users (collectively, “User Content”). You are solely responsible for all of your User Content, as set forth below. Additionally, you are responsible for understanding the limitations of other users’ User Content, as set forth below. The Company takes no responsibility and assumes no liability whatsoever for any User Content or for any claims, damages or losses resulting from its use and/or appearance on this Website.
User Content may not be illegal, obscene, threatening, defamatory, invasive of privacy, abusive, harassing, threatening, bigoted, hateful, infringing of intellectual property rights, or otherwise injurious to third parties and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any photographs, images or videos posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually suggestive or explicit or otherwise objectionable subject matter. You agree to exercise caution in posting User Content, including any sensitive personal information, particularly in connection with persons under 18 years of age. Without limitation, you will not post any information that would allow anyone to directly contact someone under 18 years of age. You may not use a false email address, impersonate any person or entity, or otherwise mislead other users as to the origin of any User Content. You further agree not to use an inappropriate member name of any kind.
By submitting User Content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, syndicate, modify, display, and perform the User Content throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, without compensation to you. You represent and warrant that you own or otherwise control all of the rights to any User Content you submit or post on or to the Website or otherwise transmit to the Company. You agree that you are and shall at all times remain solely responsible for the content of any User Content submitted by you. You also agree that you will not submit anything to this Website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and the Company’s use of it.
Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of this Website that offers the opportunity for you to submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) User Content for viewing by one or more Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog and e-mail functions.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content you Distribute on a Public Forum. The Company cannot guarantee the security of any information you disclose through any of these media; and you make such disclosures at your own risk.
You are and shall remain solely responsible for the User Content you Distribute on or through the Website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You agree you that you will not Distribute User Content that (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any other User Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
The Company reserves the right to refuse to post, deliver, remove, modify or otherwise use or take any action with respect to User Content you Distribute.
The Company has no duty to monitor any Public Forum and does not monitor all of the material posted or transmitted by its users and third party information providers on its Public Forums.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at or through the Website, you represent, warrant, and agree that any such Posted Content:
(a) is not defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;
(b) is not false, inaccurate, misleading, or fraudulent;
(c) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) does not contain personal identifying information of any person other than you;
(f) does not contain any advertising of any nature whatsoever;
(g) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website or any system, or intended to send unsolicited e-mail, including without limitation, promotions, or advertisements for products or services; and
(h) shall become and be the property of Gift Fairy with the full and unrestricted right of Gift Fairy to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.
Rules of Conduct
Removal of User Content; Disputes
Third Party Websites
From time to time there may be information on our Website that contains typographical errors or other inaccuracies. The Company reserves the right to correct any errors or other inaccuracies and to otherwise change or update information at any time and from time to time without prior notice. All features, content, specifications, products and prices of products and Services described or depicted on this Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and other factors, and we cannot guarantee that your computer will accurately display such colors. The product images on this Website may appear larger or smaller than their actual size.
Disclaimer of Warranties
Your use of the website, including, but not limited to, all content, services, events, and products purchased through the website, is at your sole risk. The website is provided on an “as is” and “as available” basis.
The company 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.
Neither the company nor its affiliates, officers, directors, employees, agents, licensors or representatives warrant that: (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, error-free or be free of viruses or other harmful components (iii) the results that may be obtained from the use of the website will be accurate, reliable or secure (iv) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that the company does not guarantee the accuracy, completeness or usefulness for a particular purpose of any information provided in connection with the website.
The website is not responsible for any errors or omissions or for the results obtained from the use of such information.
The company shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced on the website. No oral advice or written or electronically delivered information given by the company or its officers, directors, employees, agents, representatives, providers, merchants, sponsors, licensors or the like shall create any warranty.
The company makes no warranty regarding any goods, services, content, tools or products purchased or obtained through the website or any transactions entered into through the website.
The company is not responsible for any content on the internet or World Wide Web pages that is contained outside this website. The company makes no representations as to the quality, suitability, functionality or legality of any sites to which the company may provide links. You hereby waive any claim you might have against the company with respect to such sites.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, the company or any of its affiliates, officers, directors, employees, agents, representatives or third party providers will not be liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special or consequential damages or similar damages (including attorneys’ fees and lost profits or savings) incurred by you, arising out of or in connection with the use of this website, its content or its features (or the inability to use the same), or the purchase or products or services via the website, including, but not limited to, reliance by you on any information obtained from the website or any claim attributable to mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission, or other failure or inaccuracies in content appearing on the website, whether suffered by you or any party claiming rights derived from you, even if the company was advised in advance of the possibility of such potential loss or damage and regardless of any negligence of the company or any of its affiliates, officers, directors, employees, agents, representatives or third party providers.
Notwithstanding the foregoing, in no event shall the company’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise, and including, but not limited to, product liabilty claims) exceed the amount paid by you, if any, for accessing this website.
The Website is controlled, operated and administered by the Company from its offices within the United States. The Company makes no representation that materials or Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
Except as explicitly stated otherwise, any notices to the Company must be sent by certified mail, return receipt requested, to Gift Fairy, LLC, 520 Glenn Avenue, Egg Harbor Township, NJ 08234.
The Company respects the intellectual property of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by the Company, please provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and email address; (5) 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; and (6) 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. Any Notice of claims of copyright or other intellectual property infringement must be sent to the Company at: Gift Fairy, LLC, 520 Glenn Avenue, Egg Harbor Township, NJ 08234.
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing.
Modifications to the Website or Services
GF reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice at its sole discretion. You agree that GF shall not be liable to you or to any third party for modification, suspension or discontinuance of the Website and/or Services.
By ordering products from this Website, you authorize GF and its agents or other credit card processing vendors to charge your credit card for the applicable fees. If GF does not receive payment from the card issuer, you agree to pay Gift Fairy, LLC all amounts due upon demand. GF may take commercially reasonable actions to verify your credit card or other payment information. We have the right to refuse to accept or fulfill any order upon reasonable notice.
Prices are quoted in U.S. dollars, are effective for U.S. purchases only, and are subject to change at any time. Discounts are limited time offers and may not be combined with any other offers. GF reserves the right to limit the quantities of any products or Services that we offer through the Website at our sole discretion. In the event of a typographical error relating to price or quantity of an item featured, described, or offered for sale on this Website, GF reserves the right to refuse to fill any order (s) that rely on such typographical error.
Product substitutions may be necessary to ensure that your gift is delivered in a timely manner. Should a substitution be necessary, rest assured that we will give the utmost care and attention to your order to ensure that it is as similar as possible and of equal or comparable value to the requested item.
Shipping Policy and Risk of Loss
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Please note that you are responsible for ensuring that the shipping address of the intended recipient is accurate and that any special delivery instructions or requirements are provided to us at the time of purchase. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you (or, as applicable, the recipient) upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
Gift cards are redeemable at giftfairyhq.com only. Gift cards cannot be transferred, exchanged or resold and cannot be redeemed for cash (except where required by law). Gift cards have no expiration date and no fees. Gift cards are nonrefundable and cannot be replaced if lost, damaged or stolen.
Product Manufacture and Ingredients
Products featured on our Website and Services may be manufactured by other brands outside of the control of Gift Fairy. Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using, consuming or gifting any product. We review the ingredients in each product we distribute to confirm the ingredients comply with industry standards. However, it is your responsibility to review the ingredients as well to avoid allergic reactions or other side effects personal to you or the gift recipient. When appropriate, you should seek independent professional advice.
Sweepstakes, Contests and Other Promotions
Gift Fairy may conduct contests, sweepstakes and other online promotions through this Website and/or Gift Fairy’s various social media platforms. Your participation in any promotion will be subject to and governed by the official rules for that promotion and, when applicable, the promotional rules, policies and procedures on each social media platform’s site.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Gift Fairy and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Gift Fairy and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Contact firstname.lastname@example.org with questions or problems with this Website.
Posted August 20, 2017.