This policy is effective until August 1st, 2023 (inclusive). The new version of this policy is available here.
Welcome to the Giftogram website (the “Site”). Giftogram, a Telenations, LLC company, provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (“TOS”) and the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are a Giftogram registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.
In the Site, Giftogram provides users with product discovery and gift giving services (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
In order to purchase products displayed on this website you will be requested and sometimes required to enter certain information, which includes credit card and related payment and billing information. In the act of providing such information, you warrant that it is both current and accurate. The act of making a purchase (even under consideration that the electronic signoff is somehow avoided), confirms that you agree to pay all related charges (including product, service, shipping & handling, and taxes) incurred by yourself or users of your credit card.
Certain data relative to the activity of your user session may be collected. This information as well as information provided through the process of purchasing a product may be used by Giftogram. Please review our Privacy Policy for privacy related terms.
Giftogram reserves the right to refuse an order for any reason.
Giftogram grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Giftogram’s sole discretion) an unreasonable or disproportionately large load on Giftogram’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Giftogram to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Giftogram.
The Giftogram Service is not available to minors under the age of 13 or to any users suspended or removed from the system by Giftogram for any reason.
In consideration of your use of the Site, you represent that you are age 13 or older and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Giftogram has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Giftogram has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Giftogram immediately of any unauthorized use of your account or any other breach of security. Giftogram reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Giftogram does not claim ownership of any materials you make available through the Site. At Giftogram’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Giftogram a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTOGRAM, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES, MAKE NO WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND TO THE EXTENT ALLOWED BY LAW, GIFTOGRAM DISCLAIMS ALL WARRANTIES REGARDING THIS WEB SITE AND IS CONTENTS WHETHER EXPRESS OR IMPLIED (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO A SPECIFIC PRODUCT OR SERVICE) INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIFTOGRAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold Giftogram (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
When you use the Site or send emails to Giftogram, you are communicating with Giftogram electronically. You consent to receive communications electronically from Giftogram and its Site Affiliates (as defined in the Privacy Policy). Giftogram will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Giftogram is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Giftogram may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
(v) Messages by non-employees of Giftogram purporting to speak on behalf of Giftogram or containing confidential information or expressing opinions concerning Giftogram.
(vi) Messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same user restating the same point.
(viii) Chain letters of any kind.
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Giftogram has no control over such sites and resources, you acknowledge and agree that Giftogram 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 Giftogram 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.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Giftogram reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Giftogram makes a material modification to this TOS, it will notify you by:
(i) sending an email to the address associated with your account. Giftogram is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add gilt.com to the list of domains approved to send you email (commonly known as your “whitelist”); and
(ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line “Termination” to the following email address: support@Giftogram.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
The contents of this Web Site, such as text, data, software, photographs, graphics, videos, music, sounds and other information and material (the “Site Material”) is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Giftogram, or its affiliates or business partners. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site, network, print or networked environment is strictly prohibited.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Giftogram
77 East Halsey Rd.
Parsippany, NJ 07054