Giftmeister® Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. Giftmeister® is a service operated by Iron Horse Ventures LLC, dba Giftmeister® ("Giftmeister®" "we" or "us"). All our services and applications (collectively, the “Services”) are provided under the terms and conditions of these Giftmeister® Terms of Service, and any operating rules or policies that may be published by Giftmeister® at the URL: www.giftmeister.com ("Terms of Service"). The Terms of Service comprise the entire agreement between you and Giftmeister® and supersede all prior agreements regarding the Services. BY REGISTERING AN ACCOUNT WITH GIFTMEISTER®, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE.

2. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: We may update or change the Terms of Service at any time, and may notify you via e-mail, and/or by posting the new or updated Terms of Service on the Services. By using the Services after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.

3. REGISTRATION. You need to register with Giftmeister® if you want to create profiles of gift recipients; receive price alerts; create and access your lists and notifications; and view and edit your profile. In order to register with Giftmeister®, you must supply a valid email address, which will be used as a unique identifier for your account, and a password. We may require that you validate the email address you provide by responding to an email message sent to that address.

4. SERVICES OFFERED
Gift Ideas. Giftmeister® is a decision-making engine. We hope to help you identify gift ideas for yourself and for your friends and family. We don’t make, sell or distribute any of the merchandise we may help you find, although our Services may help link you to a retailer or manufacturer offering the merchandise for sale. Any purchase you complete is a transaction between you and the vendor you purchase the merchandise from.
Reviews. Giftmeister® may allow you to post product reviews, which will be displayed underneath each product. Your reviews may be viewable by all Giftmeister® registered users. We reserve the right to remove any review in our sole discretion and for any reason.
Price Tracking. Giftmeister® checks pricing offered by a variety of online merchants and delivers comparative price information. You can set up set up price alert service to notify you when our price database indicates that a product you are interested in becomes available at or below your target price.

5. NO WARRANTIES ABOUT VENDORS OR MERCHANDISE. Although we strive to provide our users the best available information and recommendations, we do not evaluate the product information supplied by vendors, and assume no responsibility for the accuracy or completeness of product information, product availability and price information provided. We also cannot assure you that the services provided by any vendors we help you identify will be reliable, or that any merchandise you purchase will meet your expectations, be free of faults or defects or comply with the applicable product descriptions and specifications. GIFTMEISTER® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY AND ALL VENDORS AND MERCHANDISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6. USER CONTENT: You are solely responsible for any data, text, graphics, messages, or other materials ("Content") which you transmit, post, or distribute through the Services, including but not limited to the contents of your information or reviews you post. Giftmeister® does not control the Content posted by users such as yourself and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Giftmeister® be liable in any way for any Content posted by any user or third party, including, but not limited to, liability 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 by our users. Subject to the terms of Giftmeister®'s Privacy Policy, you agree that if you post any Content on the Giftmeister® Site or in the Giftmeister® Application, you grant to Giftmeister®, its users and business partners, and their successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content.

7. NO "SPAMMING": You may not use any feature of the Services for chain letters or junk mail nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited. If you use any feature of the Services for the purpose of sending Spam, we reserve the right to immediately terminate your access to the Services and to seek appropriate legal recourse.

8. PRIVACY POLICY: It is Giftmeister®'s policy to respect the privacy of its users. Giftmeister®'s policies with regard to personally identifiable information we collect from you, what information third parties affiliated with Giftmeister® collect from you and how that information is used are governed by the Giftmeister® Privacy Policy (the “Privacy Policy”), which you can access here: http://www.giftmeister.com/privacy_policy.

9. NOTICES: We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided by us. We may broadcast, distribute or display notices or messages through the Services to inform you of changes to these Terms of Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information will constitute notice to you.

10. SECURITY: You are solely responsible for maintaining the confidentiality of your user name and password, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Dashboard page once you have logged in. You may also set up a new account at your convenience. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform us of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until we are notified of a breach in security, you will remain liable for any unauthorized use of the Services through your account. You agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Services, and (2) maintain and update this information as required to keep it current, complete and accurate.

11. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Services is personal to you. You agree not to resell or make any commercial use of the Services without our express consent. You may not create bots or other computer generated automatic tools to abuse the Services in any manner. Use that constitutes abuse will be determined by Giftmeister® in its sole discretion.

12. USER CONDUCT: We reserve the right, but do not assume the responsibility, to monitor or review user conduct when using the Services, including reviews and other Content posted by users. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. YOU AGREE TO HOLD HARMLESS GIFTMEISTER® AND ITS AFFILIATES FROM ALL CLAIMS BASED UPON CONTENT OR COMMUNICATIONS POSTED OR MADE AVAILABLE BY YOU ON THE SERVICES.

In using the Services you agree not to:

Use the Services for illegal purposes.
Interfere or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks.
Use the Services in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
Harvest or otherwise collect information about other users, including email addresses, without their consent.
Transmit through the Services any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature.
Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Services.
Transmit through the Services any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Interfere with another user's use and enjoyment of the Services.
Abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user.
Create a false identity for the purpose of misleading others as to your identity or the origin of a message.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Services any directory of Giftmeister®'s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
Attempt to steal passwords or induce other users to reveal credit card numbers or other personal information;
Send messages in furtherance of unlawful, criminal, or fraudulent activity;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a Giftmeister® official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any user Content transmitted through our Services;
Modify, adapt, translate, or reverse engineer any portion of our Services, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of our Services.
Reformat or frame any portion of the web pages that are part of the Site or our services.
Engage in any other conduct which, in Giftmeister®'s sole discretion, is considered inappropriate, unauthorized or objectionable use of the Service.

WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT ANY COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY US TO ADDRESS PAST VIOLATIONS OF THiS ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

13. INDEMNIFICATION: You agree to indemnify and hold Giftmeister®, its parent, subsidiaries, affiliates, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service, your infringement (or that of any other user using your account) of any intellectual property or other right of any person or entity, or your violation of any federal, state or local law or regulation.

14. TERMINATION OF USE OF SERVICES: You may terminate your participation in the Services with or without cause at any time and effective immediately. Giftmeister® may terminate the Services or your use of the Service with or without cause at any time and effective immediately. Giftmeister® will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Giftmeister® makes to the Terms of Service or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

15. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Giftmeister® will not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Services. This includes, but is 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 merchants, retailers and/or individuals. Giftmeister® is under no obligation to become involved in disputes between participants on the Services, or between participants on the Services and any third party.

16. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Services that take you out of the Services are not under Giftmeister®'s control and Giftmeister® will not be responsible for the content, products or services of any linked website. All such websites will be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights at any web site you visit.

17. VIOLATION OF TERMS BY OTHER USERS: To report a violation of these Terms of Service by any user, please email us at support@giftmeister.com or click on the Report Abuse link at the bottom of the site.

18. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFTMEISTER® 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. GIFTMEISTER® MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GIFTMEISTER® MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

THE GOODS AND SERVICES YOU MAY ACCESS THROUGH OUR SERVICES OR SEE ADVERTISED ON OUR SERVICES ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH GIFTMEISTER®. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY MERCHANT OR ADVERTISER. WE WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY MERCHANT OR ADVERTISER OR ANY OTHER WEB SITE OR SERVICE LINKED FROM OR TO OUR SERVICES. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

19. LIMITATION OF LIABILITY: NEITHER GIFTMEISTER® NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICES; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GIFTMEISTER® OR A THIRD PARTY THROUGH THE USE OF THE SERVICES; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GIFTMEISTER® IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

20. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to these Terms of Services.

21. GENERAL PROVISIONS: These Terms of Service will be governed by and construed in accordance with the laws of the state of California, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Giftmeister®, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration will be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Giftmeister®'s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Giftmeister® in writing. User and Giftmeister® agree that any lawsuit arising out of or related to the Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

22. ENTIRE AGREEMENT. These Terms and our Privacy Policy constitute the entire agreement between you and Giftmeister® governing your use of the Services, superseding any prior agreements between you and Giftmeister®. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Giftmeister® products or services, or products or services offered by Giftmeister® affiliates, or participate in contests or promotions.

23. COPYRIGHTS AND TRADEMARK INFORMATION. All materials available on the Services are copyright © 2010, Iron Horse Ventures LLC or used under license. Giftmeister® is a registered trademark, and the Giftmeister® logo and other logos and product and service names are trademarks or service marks, of Iron Horse Ventures, LLC. You agree not to use our trademarks or service marks without our written permission. All rights reserved.

24. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied and posted on the Services without your permission or that any Content posted on the Services in any way that constitutes copyright infringement, please do the following: Provide Giftmeister® a written notice containing the following information in the following order: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Services; your address, telephone number, and email address; and a written statement stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership, and an electronic or physical signature (which may be a scanned copy) of the copyright owner.

Once you have completed the notice, having included all of the information set out above, please send it to:

These Terms of Service were last updated on March 4, 2010.