Welcome to Giftcard.net. Your access to and use of our website, www.giftcard.net, ("Service") is subject to the following terms and conditions of use ("Terms of Use" or "Agreement") and all applicable laws. Please read these terms carefully as they constitute a legally binding contract between you and Giftcard.net, a Giftcard.net, Inc company ("Giftcard.net," "we," "our," and "us"). These Terms of Use apply exclusively to your access to, and use of, the Service and do not alter in any way the terms or conditions of any other agreements you may have with Giftcard.net. These Terms of Use may be changed by Giftcard.net at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on the Service. The posted change will take effect within thirty (30) days of publication of changes, unless you expressly accept the revised Terms of Use earlier. You agree that the express acceptance by you, or your continued use of the Service after the posted changes, shall constitute your acceptance of the Terms of Use. Notwithstanding the foregoing, changes to these terms will not affect the cost of your service plan, if any, during an active term.

Eligibility

If you do not agree to these Terms of Use, our Privacy Policy, or any other policy governing your access to or use of the Service you should immediately terminate your access to or use of the Service. If you have any questions regarding these terms or your access to or use of the Service, please contact [javascript protected email address].

You must be 18 years of age or older to use the Service. By using the Service, you represent and warrant that you are an individual of legal age, authority, and capacity to enter into a binding legal agreement.

You must be within the United States of America to access the Service.

User Account

To access the Service, you must create a Giftcard.net account through the Service ("Account"). In creating an Account, you must provide us with (1) your name; (2) email address; (3) physical address; (4) credit or debit card information, or other form of payment accepted by Giftcard.net, connected to a bank account based in the United States ("Payment Option"); and (5) any other information we may request in connection with creating an Account, including for purposes of validating your identity or the veracity of your Account information.

You must be the sole user of your Account. You will not give your Account login information to any other party, or allow or cause any other party to log in on your behalf.

Code of Conduct and Prohibited Activities

When using the Service, you will behave in a civil and respectful manner. We reserve the right to suspend and/or terminate your Account if you misuse the Service or behave in a way that we regard as inappropriate or unlawful, whether through the Service or off the Service if such behavior involves users you meet through the Service. The following is a partial list of actions you will not engage in with respect to the Service, and violation is grounds for immediate termination of your right to use and/or access the Service and can result in the permanent deletion of your Account. You will not:
- "stalk," harass, harm, intimidate, or exploit any other Service user;
- impersonate any person or entity, or act in any other deceptive manner;
- use the Service to commit an illegal act or act in an illegal manner;
- attempt to defraud the Service or other Service users;
- knowingly use any Account or payment information that is false, expired, or inaccurate;
- express or imply that any statements you make are endorsed by Giftcard without our specific prior consent;
- distribute "spam";
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure of the Service or its contents;
- interfere with or disrupt the Services or related networks or servers; or
- sublicense, sell, modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or any software used in connection with the Service, or cause others to do so.

Commission of any of these prohibited actions/activities will be determined in the sole discretion of Giftcard.net.

Your Representations and Warranties

You represent and warrant that (1) you have legal access to and are authorized to use the Payment Option specified in your Account information; (2) the Payment Option contains sufficient funds to fulfill any purchase made through the Service; and (3) all of your Account information is accurate and truthful and that you will promptly update any such information that subsequently becomes inaccurate.

Buying Gift Cards

When buying gift cards, coupons, gift codes, merchandise credits, and other similar closed-loop prepaid cards in electronic or physical form (collectively, "gift cards") using the Service, you will only use a payment method that has been authorized and linked with your Account and that is allowed by Giftcard.net. When you pruchase a gift card, you authorize Giftcard.net to charge the Payment Option for any purchase you make through the Service. If you purchase an electronic gift card through the Service, we will send an email to the email address linked to your Account containing the receipt for such purchase and the electronic gift card. If you purchase a physical gift card through the Service, we will mail the physical gift card to the address linked to your Account. You agree to pay all applicable taxes and charges involved in mailing the physical gift card to your address. You further understand and agree that Giftcard.net is not liable for lost, damaged, or stolen mail, or for inaccurately entered email or physical addresses. You acknowledge and agree that you will fully cooperate with Giftcard.net in our attempts to resolve any problems we encounter in processing your order through the Service.

Money-Back Guarantee. Giftcard.net provides you with a 45-day money-back guarantee regarding your gift card purchases through the Service ("Guarantee") to ensure that you receive gift cards with their proper balance.
(a) Pursuant to the Guarantee, Giftcard.net will cover the amount of any gift card that you purchase through the Service that (1) contains an amount of money that differs from the amount that you selected when purchasing the card; or (2) is not delivered within thirty (30) days from the date of purchase. To receive a reimbursement pursuant to the Guarantee, you must make a request, by contacting us at [javascript protected email address], within one (45) days of the purchase of the specific gift card in question.
(b) The Guarantee does not cover (1) requests received outside of (45) days; (2) misinterpretation of the Guarantee or these Terms of Use; (3) failure to apply promotional codes prior to purchase; (4) change of mind or buyer’s remorse; and (5) cards that you have lost or misplaced, executed a transaction with, re-sold or otherwise transferred to another party, or are no longer honored due to the merchant going out of business.

Any gift cards that you purchase through the Service, and use or redemption thereof, are subject to certain terms and conditions established by the third-party merchant, and not by Giftcard.net. By purchasing a gift card through the Service, you acknowledge and agree that you have read, understand, and accepted such third-party terms and conditions. You further acknowledge and agree that Giftcard.net (1) is not a party to any transactions that you enter into with third-party merchants using gift cards that you purchased through the Service, and (2) is not responsible or liable for any interactions whatsoever you may have with such merchant.

Our License to You

Subject to your full compliance with these Terms of Use, Giftcard.net grants to you a limited, nonexclusive, non-sublicensable, revocable license to use and access the Service for your own use and solely for the purpose of buying gift cards or accessing other Service features that may be added in the future.

Privacy

We respect the privacy of our visitors and encourage you to read our Privacy Policy so that you may make an informed decision about using our Service and see how we are using the information that we gather.

Links to Third-Party Websites

The Service may contain Internet links to third-party websites or services ("Third-Party Websites"). Giftcard.net does not endorse these Third-Party Websites. Giftcard.net is not responsible for the content or privacy, or inspection or vetting of said content or privacy, of Third-Party Websites. Should you access any Third-Party Website, you do so at your own risk, and you acknowledge and agree that Giftcard.net is not responsible for any damages or liabilities caused or alleged to be caused by your use of the Third-Party Websites.

Term and Termination

This Agreement will remain in full force and effect while you use the service and/or have an Account. You may terminate your Account at any time, for any reason, through the proper function within the Service. We may terminate or suspend your Account at any time without notice if we believe, in our sole discretion, that you have breached this Agreement.

Copyright

Unless otherwise indicated, all Service materials, including, without limitation, text, the Giftcard.net name and logo, and all designs, text graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Giftcard.net or its licensors. You may electronically copy and print to hard copy portions of the Service for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of Giftcard.net—is strictly prohibited. See Section 11, below, for the proper procedure for filing a copyright infringement notice.

Trademarks and Infringement

Giftcard.net, the Giftcard.net website, the Giftcard.net logo, and any proprietary product or service names contained on the Service are either trademarks or registered trademarks of Giftcard.net or its licensors, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Giftcard.net, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names, or logos mentioned herein are the property of their respective owners.

If you believe that any material on the Service infringes upon any copyright or trademark that you own or control, you may file a notice of such infringement ("Notice") with our legal counsel:

Please provide the following with your Notice:

(a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the Service;
(b) 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;
(c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
(d) Your address, telephone number, and email address; and
(e) Your physical or electronic signature.

Giftcard.net will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer

THE SERVICE AND THE MATERIALS ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. GIFTCARD.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GIFTCARD.NET DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT GIFTCARD.NET OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GIFTCARD.NET DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS RELATED SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GIFTCARD.NET IS NOT RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. GIFTCARD.NET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS, AND CANNOT GUARANTEE THAT CONTENT POSTED BY OTHER USERS WILL COMPLY WITH THIS AGREEMENT. YOU UNDERSTAND THAT GIFTCARD.NET DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS, BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

We reserve the right to modify or discontinue, temporarily or permanently, any and all content contained on the Service at any time with or without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Giftcard.net.

Limitation of Liability

IN NO EVENT SHALL GIFTCARD.NET OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GIFTCARD.NET, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, CONTENT, OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GIFTCARD’S RECORDS, PROGRAMS, OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GIFTCARD.NET (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GIFTCARD.NET FOR ACCESS TO OR USE OF THE SERVICE.

Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Giftcard.net, our affiliates, and their and our respective officers, directors, agents, employees, partners, and representatives from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out of, or relating in any way your access to or use of the Service, or your breach of this Agreement.

Linking to Our Website

We grant you a limited, non-exclusive license to link to the Giftcard.net website, so long as such linking does not violate or contribute to the violation of, or seek to induce others to violate or contribute to the violation of, any of the prohibited activities listed in Section 3 of this Agreement. We may revoke this license at any time without notice or cause.

Severability and Non-Waiver

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Giftcard.net to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of Giftcard’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

Force Majeure

Giftcard.net will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime.

Merger

This Agreement constitutes the entire Agreement between the user and Giftcard.net concerning the use of the Service, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings, or collateral agreements, expressed, implied, or statutory, between the parties other than as expressly set forth in this Agreement.

Applicable Law and Arbitration

The laws of the State of California will govern and construe these Terms of Use without giving effect to any conflict of laws provision to the contrary. By use of the Service, you irrevocably consent for any reason and all disputes with Giftcard.net to the venue of state or federal courts located in the State of California. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any and all controversies, claims, or disputes arising out of or relating to this Agreement or the breach thereof, whether involving remedies at law or in equity, will be submitted to arbitration and adjudicated in the City of Los Angeles and the State of California in accordance with the rules of the American Arbitration Association. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. The losing party will bear the cost of arbitration, and the judgment upon award may be entered in any court having jurisdiction thereof. The arbitrator will issue a formal written opinion and will be the sole party to decide issues of unconscionability and the enforceability of this Agreement. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.

Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.

QUESTIONS AND CONTACT INFORMATION

General questions or comments about the Giftcard.net website or Service may be directed to [javascript protected email address].