Last edit: 3/30/2015
BEFORE USING THIS SITE OR SETTING UP YOUR ACCOUNT WITH GIFTHULK, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE (“TERMS” OR “AGREEMENT“). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. ACCESS TO AND USE OF THIS SITE AND THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. YOUR USE OF THIS SITE AND SERVICES CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE OR SERVICES. PLEASE NOTE THAT ANY VIOLATION OF THESE TERMS MAY RESULT IN TERMINATION OF YOUR ABILITY TO ACCESS AND USE THE SERVICES.
BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
We reserve the right at any time to change all or any part of these Terms or the Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Services after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service, or for any change in any fees or charges for use of the Service.
Notice Regarding Children Under 13
GiftHulk is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and Content (defined below) is appropriate for your child.
Content and User conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GiftHulk, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. GiftHulk does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GiftHulk be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You acknowledge that GiftHulk may or may not pre-screen Content, but that GiftHulk and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, GiftHulk and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GiftHulk or submitted to GiftHulk, including without limitation information in GiftHulk Message Boards and in all other parts of the Services.
You acknowledge, consent and agree that GiftHulk may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of GiftHulk, its users and the public.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GiftHulk and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
GiftHulk does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant GiftHulk the following worldwide, royalty-free and non-exclusive license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services solely for the purposes of providing and promoting the services. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or GiftHulk removes such Content from the Services.
Content Linked to by GiftHulk
The sites displayed as search results or linked to by the GiftHulk service are developed by people over whom GiftHulk exercises no control. The search results that appear from GiftHulk’s search engine partner’s indices are indexed by GiftHulk search engine partner’s automated machinery and computers, and GiftHulk cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using the GiftHulk service may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a GiftHulk search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the GiftHulk Services.
You may not take the results from a GiftHulk search and reformat and display them, or mirror the GiftHulk home page or results pages on your Web site. You may not “meta-search” GiftHulk. If you are interested in adding a GiftHulk search box to your website or your company’s web site, please contact us.
You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any search results, links and/or ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.
Possible affiliate links
Some search results and content at GiftHulk and GiftHulk Search may contain affiliate links integrated into GiftHulk search results. Every time you make a purchase or take advantage of other relevant offers, the affiliate business will pay a commission to GiftHulk. This comes at no extra cost to the shopper.
The affiliate businesses pay the commissions generated by affiliate links. There is no extra cost for the user. Furthermore, commission sums are not added to the purchase price of the product, but rather covered by marketing costs that are generally built into the price of the product.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GiftHulk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Third-Party Websites, Software and Services
Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.
We may also share your personal information and/or social-demographic information, including, without limitation, a unique identification number (“UID”), postal code, gender, marital status, education, ethnicity/race (where permitted by applicable law), employment related information, and non-personally identifiable information on household members, with third party sample/market research companies (individually each a “Third Party MR Company” and collectively the “Third Party MR Companies”) for the purpose of identifying survey opportunities that you may be eligible for through the Third Party MR Companies. If you are eligible for a survey opportunity, the Third Party MR Company will provide your unique identification number and a survey link to us and we will invite you to participate in the survey. We will not share your name, email address, or phone number with the Third Party MR Companies. In connection with the sharing of your information with a Third Party MR Company, your information may be transferred and stored outside of your country of residence, including, without limitation, in the United States. If you have any questions about this data sharing please contact [contactus at gifthulk.com] using the details below or alternatively you can opt-out of the GiftHulk Survey Panel here. Your participation in such survey opportunities does not entitle you to any benefits offered by, or membership with, the Third Party MR Companies.
Intellectual Property Policy
GiftHulk is committed to protecting copyrights and expects users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent to GiftHulk Contact Email.
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your Content submissions; and/or (c) your activities in connection with the Services (including, without limitation, any and all purchases).
Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER. GIFTHULK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GIFTHULK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. GIFTHULK AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. GIFTHULK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GIFTHULK OR ITS AFFILIATES, PARTNERS, ADVERTISERS OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GIFTHULK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall GiftHulk or its affiliates, partners, advertisers or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Policy for Idea Submission
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at GiftHulk, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving the Services; however, please note that any such ideas or suggestions that you submit will be owned by GiftHulk, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to GiftHulk. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Content submissions and subject to the license granted to GiftHulk above. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
Intellectual Property Notices
The Services are © 2013 GiftHulk, Inc. All rights reserved.
All trademarks and service marks on the Services not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Services will immediately cease. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it (including all Content submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
If you have any questions or comments regarding these Terms, please Email Us.