GIFTBOX TERMS OF SERVICE
BY CHECKING THE "Yes, I agree to the GiftBox Terms of Service" CHECKBOX DISPLAYED AS PART OF THE SIGN-UP PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE GIFTBOX SERVICE (THE "SERVICE"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT CHECK THE "Yes, I agree to the GiftBox Terms of Service" CHECKBOX AND MAY NOT USE THE SERVICE.
1. ACCEPTANCE OF TERMS
Welcome to GiftBox (a service of Epigroove). Your use of the Service is subject to these Terms of Service ("TOS"). The Proprietor reserves the right to update and change the TOS from time to time without notice or acceptance by you.
3. TECHNICAL SUPPORT
Technical, customer, and sales support is only provided via email or other online means and is not provided via phone or traditional mail.
4. USER CONDUCT AND CONTENT
You understand that all information ("Content"), is the sole responsibility of the person from which such Content originated. This means that you, and not the Proprietor are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; harm minors in any way;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
f. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
g. intentionally or unintentionally violate any applicable local, state, national or international law;
h. collect or store personal data about other users.
You acknowledge that the Proprietor may or may not pre-screen Content, but that the Proprietor and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Proprietor and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
In order to use the Service, you must have a valid GiftBox Username. To be an Account Holder, you must provide a credit card (for paying accounts only), billing information, email address, legal name and/or business name, and other required information ("Registration Data"). You will choose a password for your account during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GiftBox of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GiftBox cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete within 30 days of any change to it. If you provide any information that is untrue, inaccurate, not current or incomplete, or GiftBox has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GiftBox has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the free version of the Service, you will also have to go through the registration process.
You agree that Epigroove may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical issues or problems. Termination of your GiftBox account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information and content associated with or inside your account, and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Epigroove's sole discretion and that Epigroove shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
7. DISCLOSURE OF CONTENT AND PERSONAL INFORMATION
You acknowledge, consent and agree that the Proprietor may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Proprietor, the users of the Service and the public.
8. NO CONTROL OVER CONTENT
The Proprietor does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Proprietor be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 Service.
9. INFORMATION RIGHTS
The Proprietor does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service you grant the Proprietor world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold the Proprietor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Epigroove has no control over such sites and resources, you acknowledge and agree that Epigroove is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Epigroove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROPRIETOR 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.
B. THE PROPRIETOR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROPRIETOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROPRIETOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 9 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or website posting. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Epigroove respects the intellectual property rights of others and we ask our users to do the same. The TOS and the relationship between you and Epigroove shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Epigroove agree to submit to the personal and exclusive jurisdiction of the courts located within Lake County, Illinois. The failure of Epigroove to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Epigroove and govern your use of the Service, superceding any prior agreements between you and Epigroove (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Epigroove services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.