2. The Gift Boogle Application
The Gift Boogle application allows users who register for the application to receive gift recommendations for their friends and connections on Facebook and other social media networks with which we have partnered, of which you are a member and that you identify to us ("Social Network"), and for friends whom you have identified that do not use a Social Network. The Gift Boogle application directs unique gift recommendations based on the profile and interests of each user's friends and connections. The Gift Boogle application is made available on our website located at www.giftboogle.com and can be accessed through applicable Social Networks.
3. Registering as a Gift Giver
To register as a gift giver, you are required to register a Gift Boogle account and allow us to connect your Social Network account to the Gift Boogle platform, when applicable. When registering for a Gift Boogle account, you agree to provide only accurate and complete information and to keep this information up-to-date. Gift Boogle may rely on the relevant Social Network to authorize you as a user of Gift Boogle.
By using your Social Network credentials to log into the Gift Boogle application, you expressly authorize Gift Boogle to receive certain of your information that is available on or through your Social Network account, including, your profile information (including your profile photo), friends and connections, privacy settings and certain other information that will be disclosed to you and approved by you during the log-in process; and you also authorize Gift Boogle to generate and publish on your Social Network and news feed and timeline (as applicable) actions you take in connection with the Gift Boogle application, and to allow you to interact with your Social Network friends and connections while using the Gift Boogle application. You represent and warrant that you have the right to authorize all such access hereunder.
Each registration is for a single user only. In consideration of your use of the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete.
Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
After you register on the Site, you may receive a password for your use of the Site. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account. You will close the browser window for the Site at the end of each use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. Right to Use and Access the Site
5. Site Content
6. Company Trademarks
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:
are registered and unregistered trademarks and service marks owned by Gift Boogle or its subsidiaries or affiliates or a third-party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that Gift Boogle has established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a "Mark") used in connection with the Site are the property of Gift Boogle or third-parties and shall remain the property of Gift Boogle and such third-parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Gift Boogle or such third-party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.
7. Dealings with Organizations or Individuals
Gift Boogle shall not be liable for your interactions with any organization and/or individuals through the Gift Boogle application. This includes, but it not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Gift Boogle is not responsible for any damage or loss incurred as a result of any such dealings. Gift Boogle is under no obligation to become involved in disputes between users of the Gift Boogle application offered through or arising from use of the Site, or between users of the Gift Boogle application and any third party. In the event of a dispute, you release Gift Boogle, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and such services.
If you are a California resident, to the extent allowed by applicable law, you waive California Civil Code Section 1542, which states: "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."
8. Disputes with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users or other third party, you release Gift Boogle and hereby agree to indemnify Gift Boogle 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 dispute.
9. Legal Requirements
10. Your Use of the Site
You are solely responsible and liable for all data, information, and other materials ("User Content") that you submit, upload, post, e-mail, or otherwise transmit ("Transmit") in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third-party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy, or racially, ethnically, or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Site; (c) Transmit any User Content: (i) that you do not have the right to Transmit under any law or contractual or fiduciary relationships, including without limitation any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes any portion of the Site, the Site Content, or any User Content contained therein; (h) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Gift Boogle's prior written permission; (j) include in any third-party website any hypertext link to any page or location within the Site without Gift Boogle's prior written permission; (l) mirror or display the Site or any portion thereof in frames without Gift Boogle's prior written permission; or (m) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
Gift Boogle does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Gift Boogle is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site. However, Gift Boogle reserves the right to block, remove, move or edit any of the submissions in its sole discretion.
11. Linked Sites
Gift Boogle has not reviewed all of the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by Gift Boogle. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Gift Boogle reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Gift Boogle. Gift Boogle has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
12. Linking to the Gift Boogle Application
You may link to the Gift Boogle application, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without prior notice.
13. Special Admonitions for International Use
This Site is operated in the State of North Carolina in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.
15. Availability and Features
Availability and features of the Site are subject to change without notice.
You may terminate your use of any Gift Boogle application at any time for any reason by uninstalling the application on the applicable Social Network. Upon your request, we will delete and remove your personal information from view as soon as reasonably possible, based on your application usage and in accordance with applicable law. As a rule, it takes 14 business days until your information is removed from our records.
17. Disclaimer of Warranties
GIFT BOOGLE IS PROVIDING THE SITE AND THE SITE CONTENT ON AN "AS-IS," "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. GIFT BOOGLE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE. COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER. GIFT BOOGLE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE. GIFT BOOGLE MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.
18. Limitation of Liability
19. Governing Law and Jurisdiction
Any notices to you may be made via either e-mail or postal mail to the address in Gift Boogle's records or via posting on the Site.
22. Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide Gift Boogle's copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Company's copyright agent for notice of claims of copyright infringement can be reached as follows:
Gift Boogle, Inc.
2 Davis Dr. - PO Box 13169
Research Triangle Park, NC 27709
Last Updated: May 3, 2013.