Terms of service
Last revised 7/10/2015
GiftRocket Terms of Service
The following describes the terms on which GiftRocket, Inc. offers you access to our site and services
Resale of GiftRocket gift cards is strictly prohibited.
Gifting is the only acceptable usage of GiftRocket's service. Purchases made as means of payment for goods or services are forbidden. Any attempt to send or receive payment using GiftRocket will be canceled and the transaction refunded. Users should not accept gifts as a form of payment as such gifts will be subject to cancellation. Users should also not accept gifts from people they do not know.
- GiftRocket is a website where users can send others monetary gifts.
- Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
- Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from GiftRocket. You release GiftRocket from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site. As set forth in Section 17, interpretation of this agreement is governed by the laws of the State of Delaware and the United States of America.
Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
- "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an GiftRocket user;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Service or the Site;
- advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. GiftRocket reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
GiftRocket reserves the right to cancel purchases without notification or reason.
Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
- infringes the copyright, trademark, or other intellectual property rights of any person;
- is defamatory;
- contains nudity or sexually explicit content, or is otherwise obscene;
- may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
- depicts individuals under 18 years of age;
- depicts or advocates the use of illicit drugs;
- makes use of offensive language or images;
- characterizes violence as acceptable, glamorous or desirable; or
- provides a link to any other websites.
- No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
Payment and transmission
- Payment Logistics. If you purchase a gift, you will be asked to provide your credit card information and billing address. We, or our payments provider, will obtain a pre-authorization for the total amount of the gift to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card at that time. Pending a review of the transaction, your card will be charged the full balance.
- Redemption Logistics. Gift funds will be held at an FBO ("For Benefit Of") account owned by and maintained at Sunrise Banks, N.A. Once the gift recipient redeems their gift, GiftRocket will perform compliance and fraud reviews of the transaction. The gift funds will be dispersed from the FBO account pursuant to the recipient's instructions upon successful completion of the reviews.
- Cancellation and Refunds. If a gift does not meet your expectations, it is cancellable for a full refund within 30 days of purchase provided that it has not been redeemed. Exceptions to this policy are gifts that have been purchased through the bulk order form or API; they are non-refundable in all circumstances.
- Additional information from sender or recipient. You accept that GiftRocket may, at its sole discretion, request additional personal information about the sender or recipient of a gift if it deems appropriate. Such information may include, but is not limited to, a user's address, date of birth, or SSN last four digits. If the information is not provided, is inaccurate, or cannot be confirmed, GiftRocket may cancel the gift.
- Risk of loss. Neither we nor our banking partners are not responsible if a GiftRocket is lost, stolen, destroyed, or used without your permission.
- Taxes. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.
- Fee Structure and Schedule. You understand that GiftRocket charges a service fee at the time of purchase. This fee is not recoverable and will not be applied towards the balance in the special purpose account opened for you. You also understand that the amount of the service fee may vary substantially during the lifetime of the product, and therefore you may be charged different service fees at different times. Furthermore, when GiftRocket determines that a gift is unlikely to be redeemed, a fee may be assessed against the account. GiftRocket will use statistical methods to determine whether a gift is unlikely to be redeemed. When the fee is due, you authorize GiftRocket to disburse funds from the account associated with your gift that’s unlikely to be redeemed to pay the fee.
- Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "GiftRocket," and "www.giftrocket.com" are trademarks of GiftRocket Inc. protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
- Our Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
Modification of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
Disclaimer of Warranties
- If you use our services, you do so at your sole risk. You acknowledge and agree that GiftRocket does not check any recipient's background or record. our services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected.
- If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. you are solely responsible for any loss or damage arising out of such access or transmission.
- No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.
Limits on Liability
- We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the services; (e) statements, conduct or omissions of any user or other third party on our services; or (f) your or anyone else's conduct or acts in connection with the use of the services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line.
- We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.
- Except as set forth in section 18, in no event will our aggregate liability to you or any third party in any matter arising from or relating to with our services or these terms exceed the sum of one hundred U.S. dollars ($100).
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
If you receive a GiftRocket gift from someone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and then to us at firstname.lastname@example.org; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Jurisdiction and Venue
These Terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party.