Terms of use

GiftOn Terms of Use Agreement
Date of Last Revision: March 4, 2016
  1. Welcome and Acceptance of Terms.
    1. Welcome to GiftOn (or the “Site”) by Penguin Media Labs, LLC (“GiftOn”, “we,” “us,” or “our”). The Site is designed to provide users with gift stories to inspire their next gifting idea and allow them to share their stories with others on GiftOn and other social networks. At GiftOn, we value your interest in the Site.
    2. Acceptance of this Terms of Use Agreement (“Agreement”) is a prerequisite for registration and access to the Site.
    3. By accessing, viewing, or otherwise using the Site, you agree to the following terms and conditions of this Agreement, without limitation or qualification. You further acknowledge that you are of the age of legal majority and are capable of forming legally binding agreements under applicable law.
    4. This Agreement shall take effect immediately upon your first use of the Site. If you do not agree to these terms and conditions, you are not authorized to access, view or otherwise use the Site.
    5. GiftOn provides the Site subject to the terms and conditions of this Agreement. We reserve the right, at our sole discretion, to modify or amend these terms and conditions at any time and without prior notice to you. Any modifications to this Agreement will become effective at the time and in the manner as set forth in the amendment, or when posted.
    6. Gifton reserves the right, in its sole discretion, to suspend or terminate your account, and to refuse your future use of the Site. If your account is suspended or terminated, Gifton will notify you by email, or at the next time you attempt to access your account. You have the right to deactivate your account at any time.
  2. The Site Services.
    1. The Site offers a variety of services, including:
      1. Providing helpful gifting information from users. You can follow users by clicking on their names so you can read their stories.
      2. Providing helpful information that allows you to search for gift stories across a variety of categories such as Occasion, Type of Gift, Relationship, and Interests.
      3. Providing the ability to comment on and share the information via social networks such as Pinterest, Instagram, Twitter and Facebook.
      4. Providing the ability to submit your own stories for consideration to possibly be published on the Site.
  3. User Obligations. In consideration of your use of the Site, you agree to the following obligations and otherwise represent and warrant that:
    1. Registration Data. You will provide true, accurate, current information about yourself, as prompted by the Site registration process and as requested by GiftOn (collectively, the “Registration Data”). You will maintain and promptly update the Registration Data to keep it true, accurate, and current. If you provide any information that is untrue, inaccurate or not current, or if GiftOn has reasonable grounds to suspect that such information is untrue, inaccurate or not current, GiftOn has the right to (i) suspend or terminate your account and (ii) refuse your future use of the Site.
    2. Security & Access. You are solely responsible for all acts and omissions that occur under your account. You are solely responsible for maintaining the confidentiality of your username and password. You agree that your account, username and password are personal to you. You agree not to (i) sell, transfer, or license your account, username or password to third parties, or (ii) permit or assist, directly or indirectly, third parties in accessing your account. You agree to (i) immediately notify GiftOn of any unauthorized use of your account, username or password, and (ii) ensure that you log out from your account at the end of each session. In the event of any unauthorized use of your account, username or password by a third party, you agree to immediately log out of your account and no longer access your account until notified in writing by GiftOn. Upon notification of an unauthorized use, or if GiftOn has reasonable grounds to suspect that any unauthorized third party is accessing your account or using your username and password, GiftOn reserves the right, in its sole discretion, to suspend and/or terminate your account (e.g., by disabling usernames and/or passwords). GiftOn cannot and will not be liable for any loss or damage arising from your failure to comply with this Section III.B. or for any loss or damage arising from any suspension or termination of accounts as set forth above.
    3. User Conduct. In order to maximize the effectiveness of the Site, GiftOn needs your help. Accordingly, access to the Site requires users to conduct themselves in a professional, courteous, respectful and lawful manner
      1. You agree to, and represent and warrant that:
        1. All information, data, text, messages and other material (“Material”) you upload, post, e-mail, transmit to or otherwise make available on The Site shall be true, accurate, correct and not fraudulent and not violate the trademark, copyright or other intellectual property rights of any third party;
        2. You will follow and comply with all applicable laws;
        3. You will conduct yourself in a professional manner;
        4. You will be courteous and not challenge or attack other users;
        5. You will review and comply with notices sent by GiftOn from time to time;
        6. You will provide constructive feedback to GiftOn, when requested, for the purpose of improving our platform;
        7. You will respect the intellectual property rights of GiftOn and others; and
      2. You further agree not to and represent and warrant that you will not:
        1. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit the Site, except as permitted in this Agreement;
        2. Utilize Material (as used herein, “Material” includes, but is not limited to, text, graphics, images, audio, video, messages, data, or any other information) you view on and/or obtain from the Site to provide any service that is competitive with the Site;
        3. Imply or state, directly or indirectly, that you are affiliated with or endorsed by GiftOn or the Site unless you have entered into a written agreement with GiftOn;
        4. Impersonate any person or entity, including, but not limited to, a GiftOn representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, past or present;
        5. Upload, post, e-mail, transmit to or otherwise use the Site to make available any Material that falsely states or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications;
        6. Access, via automated or manual means or processes, the Site for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
        7. Unless expressly authorized in writing by GiftOn, deep-link to the Site or any web page hosting or containing the Site (i.e., including a link to a GiftOnGiftOn.com web page other than the home page) for any purpose;
        8. Use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any aspect of the Site or any web page affiliated with or relating to the Site or GiftOn;
        9. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site or any web page hosting or associated with the Site;
        10. Attempt to or actually override any security component included in or underlying the Site;
        11. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
        12. Use automated methods when using the Site;
        13. Remove, cover, or otherwise obscure any form of advertisement included as part of the Site;
        14. Interfere with or disrupt the Site, including but not limited to any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
        15. Use, or attempt to use, another’s account or create a false identity on the Site;
        16. Upload, post, e-mail, transmit to or otherwise use the Site to make available any Material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, discriminating, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable;
        17. Upload, post, e-mail, transmit to or otherwise use the Site to make available 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;
        18. Upload, post, e-mail, transmit to or otherwise use the Site to make available any Material that includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation such as but not limited to (i) using the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or entity; (ii) using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (iii) sending messages to distribution lists, newsgroup aliases, or group aliases;
        19. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site;
        20. Intentionally or unintentionally violate any applicable local, state, national or international law or regulations that have the force of law;
        21. “Stalk” or otherwise harass, abuse or harm another user;
        22. Rent, lease, loan, trade, sell/re-sell access to the Site;
        23. Remove any copyright, trademark or other proprietary rights notices contained in or on the Site, including those of GiftOn or any of its licensors;
        24. Collect, use or transfer any Material, including but not limited to, personally identifiable information obtained from the Site except as expressly permitted in this Agreement or by the owner of such information as they may expressly permit;
        25. Upload, post, e-mail, transmit to or otherwise use the Site to make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
        26. Upload, post, e-mail, transmit to or otherwise use the Site to make available any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of GiftOn or of any third party; or
        27. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
    4. Objectionable Material. GiftOn may or may not pre-screen Material uploaded, posted, e-mailed, transmitted to or otherwise made available via the Site. GiftOn and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, or remove any Material that violates this Agreement or is otherwise objectionable.
  4. Privacy Policy.
    1. Introduction
      1. Your privacy is very important to us. The purpose of the information in this section (or, our “Privacy Policy”) is to make important disclosures to you about how GiftOn collects and uses the information you upload, post, e-mail, transmit to or make available on the Site. We encourage you to read this Privacy Policy and to use the information it contains to help you make informed decisions.
      2. Occasionally we may revise this Privacy Policy to reflect changes in the law, our Personal Data collection and use practices, the features of the Site and the App, or advances in technology. If we revise the way in which we collect or use your Personal Data, those changes will be posted in this Privacy Policy and the effective date will be noted at the beginning of this Privacy Policy. As such, you should review this Privacy Policy periodically to ensure that you are aware of the current policies and practices.
      3. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND GIFTON’S TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SITE.
    2. Types of Information Collected and Uses of Collected Information.
      1. Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific user. When you engage in certain activities on the Site and the App, such as registering for a GiftOn account, posting a story, posting a comment, providing us with feedback, requesting information about our services, applying for a job, signing up for special offers from third parties through the Site, etc. (collectively, “Identification Activities”), we may request that you provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address, email address, telephone number and date of birth. Some activities on the Site and the App require you to provide certain personal information. If you do not provide this personal information, you are not permitted to engage in those activities.
      2. Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific user. This type of information may include things like the Uniform Resource Locator (“URL”) of the web site you visited before coming to the Site, the URL of the web site you visit after leaving the Site, the type of browser you are using, and/or your Internet Protocol (“IP”) address. We, and/or our authorized Third-Party Service Providers and Advertisers, may automatically collect this information when you visit the Site through the use of electronic tools like cookies and Web beacons or Pixel tags. We may use Non-Personally Identifiable Information to administer the Site, troubleshoot, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third-Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
    3. Dissemination of Personally Identifiable Information. GiftOn will not disseminate, sell, or rent your Personally Identifiable Information with third parties except as provided below.
      1. Dissemination to Third-Party Service Providers. GiftOn uses Third-Party Service Providers to facilitate certain actions, such as distributing promotional messages. GiftOn may provide your Personally Identifiable Information to such Service Providers in order to fulfill orders, deliver packages, send postal or electronic mail, administer contests or sweepstakes, analyze data, assist with marketing, provide search results and links, process credit card payments, operate the Site, troubleshoot, and/or provide customer service. GiftOn may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may share your information with Service Providers to accomplish certain administrative activities. The use of your Personally Identifiable Information by Third-Party Service Providers and advertisers is subject to the privacy policies of these parties and is not subject to GiftOn’s control.
      2. Business Transfer. In the event that GiftOn merges with, or is acquired by, another company, the successor company will acquire the information that we maintain, including Personally Identifiable Information.
      3. Required by Law. GiftOn reserves the right to disseminate your Personally Identifiable Information when required by law, for example, when necessary to comply with a judicial proceeding, court order, or legal process served on GiftOn. Additionally, it may be necessary for GiftOn to disseminate your Personally Identifiable Information in order to enforce our Terms of Use, this Privacy Policy, or other agreements.
      4. Remarketing. GiftOn reserves the right to remarket your Personally Identifiable Information. Remarketing is a way for GiftOn to better connect with our users based upon their previous interaction with the Site. Furthermore, GiftOn may enlist certain Third-Party Marketing Entities to perform remarketing services. Accordingly, these Third-Party Marketing Entities, including certain third-party web sites (e.g., Google) may show GiftOn ads on the internet. These Third-Party Marketing Entities may use cookies to serve ads based upon a user’s prior visits to the Site. The Site only authorizes the use of your Personally Identifiable Information by these Third-Party Marketing Entities for remarketing purposes.
    4. Dissemination of Non-Personally Identifiable Information.GiftOn will not disseminate, sell, or rent your Non-Personally Identifiable Information with third parties except as provided below.
      1. GiftOn may disseminate your Non-Personally Identifiable Information with our Affiliates, Partners, and Advertisers. Specifically, we may share aggregated demographic information with certain Third-Party Advertisers. However, this aggregated demographic information will not include any Personally Identifiable Information as defined above. For example, we may use Third-Party Advertisers to serve advertisements on the Site when you visit the Site. These Third-Party Advertisers may utilize Non-Personally Identifiable Information about your visits to this and other web sites in order to provide (e.g., through the use of network tags) advertisements about goods and services that may be of interest to you.
      2. GiftOn may also use Third-Party Service Providers to analyze and track Non-Personally Identifiable usage and volume statistical information from our users to administer our web site and constantly improve its quality. GiftOn may also publish this information for promotional purposes or as a representative audience for Third Party-Advertisers. Such data is collected on GiftOn’s behalf, and is owned and used by GiftOn.
    5. Use of Cookies and Tracking Technology.
      1. To improve and personalize your experience on the Site, we may store cookies on your computer. A cookie is a piece of text stored on a user’s computer by their web browser. Cookies may be used for authentication, storing site preferences, storing shopping cart contents, as an identifier for a server-based session, etc. Cookies also allow GiftOn to collect Non-Personally Identifiable Information from you, such as which pages you visited and what links you clicked on. Additionally, some of our Third-Party Advertisers that display advertisements on the Site may place separate cookies on your computer. GiftOn has no access or control over these cookies and this Privacy Policy does not cover the use of cookies by these Third-Party Advertisers.
    6. Third Party Privacy Policies.
      1. This Privacy Policy only applies to the use and disclosure of information that GiftOn collects from you on the Site. Other web sites that may be accessible through the Site may have their own privacy policies. If you link to any such web site, we urge you to review that web site’s privacy policy. GiftOn is not responsible or liable for the practices of third parties.
    7. Privacy Rights in California.
      1. California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, GiftOn will provide you with the categories of Personally Identifiable Information that we collect through the Site and the categories of third-party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. Under California law, we are required to inform you, at your request, of the categories of Personally Identifiable Information that we collect and what third parties we share that information with. The Act further requires us to allow you to control who you do not want Gifton to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be labeled “California Customer Choice Notice.” Please allow thirty (30) days for a response.
    8. Contacting Us.
      1. In order to constantly improve the offerings on the Site and the App, we encourage you to get in touch with us.
      2. Corporate Address:
        640 N. LaSalle St. #460
        Chicago, IL 60654
      3. Email:
        1. Send an email to hello@letsgifton.com
  5. Ownership and Accuracy of Material Available on The Site.
    1. Generally, GiftOn does not claim ownership of Material you upload, post, e-mail, transmit or otherwise make available through the Site. However, with respect to Material you submit or make available to the Site, you hereby grant GiftOn a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use the Material solely in connection with the Site.
    2. For the avoidance of doubt, you acknowledge, consent and agree that GiftOn may access, preserve and disclose your account information and Material 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 this Agreement; (iii) respond to claims that any Material violates or violated the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of GiftOn, the Site users, and the public.
    3. You understand that all Material available on the Site is the sole responsibility of the user from whom such Material originated. This means that you, and not GiftOn, are entirely responsible for all Material that you upload, post, e-mail, transmit or otherwise make available via the Site.
    4. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material. Furthermore, you agree that any Material relating to the financial services industry that you upload, post, email, transmit or otherwise make available via the Site is in compliance with applicable insurance or security laws and regulations.
  6. Intellectual Property of GiftOn.
    1. You acknowledge and agree that the Site and any necessary software used in connection with the Site (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Material contained in advertisements or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by GiftOn or the applicable licensor (such as an advertiser, a registered user, etc.), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, such Material or the Software, in whole or in part.
    2. Subject to the terms of this Agreement, the Site grants you a limited, personal, revocable, non-transferable, non-exclusive and non-sublicensable right and license to use the object code of its Software; provided that you do not otherwise (and do not allow any third party to) copy, modify, create a derivate work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You further agree not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any Software. You agree not to access the Site by any means other than through the interface (e.g., web interface) that is provided by GiftOn for use in accessing the Site.
    3. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site (including any advertisements and Software).
    4. You agree that all of GiftOn’s trademarks, service marks, trade names and other GiftOn logos and brand features, and product and service names are trademarks and the property of GiftOn (collectively, the “GiftOn Marks”). Without GiftOn’s prior written permission, you agree not to display or use in any manner the GiftOn Marks.
  7. Disclaimers.
    1. Notwithstanding anything herein to the contrary, you expressly understand and agree that:
      1. GiftOn SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTIONS OR OMISSIONS BY YOU, WHETHER OR NOT SUCH ACTIONS OR OMISSIONS WERE FACILITATED BY THE SITE.
      2. YOUR USE OF THE SITE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SITE AND THE SOFTWARE ARE PROVIDED AS AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTONGiftOn AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      3. GiftOn AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, PARTNERS AND LICENSORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT (1) THE SITE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE STORIES THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS; (5) ANY MATERIAL WILL BE ACCURATE, CLEAR OR COMPLETE; AND (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
      4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOU OR YOUR PROPERTY, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
      5. GiftOn and its officers, agents, employees, directors, partners and licensors make no warranty, express or implied, regarding the accuracy, legality, or validity of any tax or legal advice provided via The Site, whether provided by GiftOn or a third party. GiftOn accepts no liability whatsoever for any error or omission in such advice. You are urged to check with tax and legal professionals in your State, Province or Country regarding any such tax or legal advice.
      6. No advice or Material, whether oral or written, obtained by you from the Site or GiftOn or through or from the Site or the Software shall create any warranty not expressly stated in this Agreement.
  8. Indemnity and Limitation of Liability.
    1. You agree to indemnify and hold GiftOn and officers, agents, employees, directors, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of: (i) any false or fraudulent claims made by you; (ii) Material that you submit, post, transmit, modify or otherwise make available through the Site; (iii) your use of the Site; (iv) your connection to the Site; (v) your violation of this Agreement or law; or (vi) your violation of any rights of another.
    2. You expressly understand and agree that GiftOn and its officers, agents, employees, directors, partners and licensors shall not be liable to you for any punitive, 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 GiftOn has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Site; or (iv) any other matter relating to The Site.
  9. Termination.
    1. You may delete your GiftOn account by submitting such request to GiftOn.
    2. You agree that GiftOn may, with or without cause and with or without prior notice, immediately terminate, limit your access to, or suspend your GiftOn account. Cause for such termination, limitation of access, or suspension shall include, but is not limited to: (a) breaches or violations of this Agreement; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Site; (d) unexpected technical or security issues or problems; (e) engagement by you in fraudulent or illegal activities; and/or (f) nonpayment of any fees owed by you in connection with the Site. Further, you agree that all terminations, limitations of access and suspensions shall be made in GiftOn’s sole discretion and that GiftOn shall not be liable to you or any third party for any termination, limitation of access, or suspension of your account.
    3. Termination of your account may include any or all of the following: (i) removal of access to all or part of the offerings within the Site; (ii) deletion of your password and all related information, files, content and Material associated with or inside your account (or any part thereof); and (iii) barring of further use of all or part of the Site.
  10. Miscellaneous.
    1. Reservation of Rights. GiftOn expressly reserves all rights not expressly granted to you herein. We grant you no other rights, implied or otherwise.
    2. Links. The Site may provide, or third parties may provide, links to other world wide web sites or resources. You acknowledge and agree that GiftOn is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, data, text, messages, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GiftOn 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 information, data, text, messages, advertising, other materials, goods or services available on or through any such site or resource.
    3. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
    4. Entire Agreement. This Agreement constitutes the entire agreement between you and GiftOn as it pertains to your use of the Site, superseding any prior version of this Agreement between you and GiftOn with respect to the Site.
    5. Choice of Law and Forum. You and GiftOn each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of Illinois, without regard to its conflict of laws provisions, and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and GiftOn, shall be brought exclusively in the courts located in the county of Cook, Illinois, or in the U.S. District Court for the Northern District of Illinois. You and GiftOn agree to submit to the personal jurisdiction of the courts located within the county of Cook, Illinois or in the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
    6. Waiver and Severability of Terms. The failure of GiftOn to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is 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 that the other provisions of the Agreement remain in full force and effect.
    7. No Right of Survivorship and Non-Transferability. You agree that your GiftOnGiftOn.com account is non-transferable and any rights to your account terminate upon your death.
    8. No Injunctive Relief. In no event shall you seek, or be entitled to, rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation or exploitation of the Site or of any Material or any advertising used or displayed throughout the Site.
    9. No Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement and any purported assignment and delegation shall be ineffective. GiftOn may freely assign or delegate all rights and obligations under the Agreement, fully or partially. As used herein, an “assignment” includes any assignment by operation of law (i.e., a merger) or any change of control, unless the change of control is due to a public offering. For the avoidance of doubt, an “assignment” shall not include the organizational restructuring of any party (e.g., a change from a limited liability company to a corporation).
    10. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
    11. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to GiftOn’s email: hello@letsgifton.com
  11. Contributor Agreement. This will set forth the terms of the Agreement between you and GiftOn, Inc. (“GiftOn”) with respect to your services for GiftOn or any of its affiliates (the “Services”), including the generation and delivery of content as described below (the “Work” or “Works”).
    1. Scope. The Work will be gift stories and ideas,The readers are free to utilize the Work however they please: as entertainment, a social networking tool, or a springboard for a gift purchase. In addition to the stories, the Work is to include (i) a suggested title, (ii) a short gift description (optional), (iii) gift images (optional), and (iv) consent to editorial review (optional). GiftOn If consent is provided to make editorial changes, the Work will be delivered electronically and you will have the right to make additional changes after. You acknowledge and agree that you are not an agent of GiftOn and that you do not have the right to employ or contract with any person or entity on behalf of GiftOn. Nothing contained herein will give you the right to use the names or trademarks of GiftOn, or any GiftOn affiliate, without the prior written consent of GiftOn.
    2. Works Made for Hire. From time to time, Gifton will solicit Works for “Brand Discovery Campaigns.” To the extent that such Works include any material subject to copyright, you agree that such Work is a “work made for hire” as that term is defined under United States copyright law and that, as a result, GiftOn will own the Work. To the extent that the Work does not qualify as work made for hire under applicable law, you hereby assign to GiftOn, its successors and assigns, all rights and title in and to the Work, including all copyrights, trademarks and other proprietary rights therein (including renewals thereof) and you agree to execute and deliver to GiftOn any instruments and to cooperate with GiftOn in all reasonable respects to carry out the foregoing assignment. You further grant GiftOn permission to use your name, likeness, photographs or videos in connection with the Work and/or the Services. You acknowledge and agree that the Work and the results of the Services may be exhibited and distributed (in any form of media) throughout the world in perpetuity, in whole or in part, without charge, on a pay basis, and/or on a commercially sponsored basis on behalf of sponsors designated by GiftOn. To the extent that the Work or any portion thereof includes any interviews with any third party, you will provide GiftOn with the full name and contact information for such third party. You acknowledge and agree that GiftOn may edit, remove, modify or alter, in whole or in part, the Work or any portion thereof, if consent to review is provided
    3. Representations. You warrant and represent that all ideas, writings, text, creations, photographs, literary, musical and artistic materials and intellectual properties (collectively, “Materials") created, conceived, written or otherwise provided by you hereunder will be your own and original Materials, except for Materials in the public domain or Materials which you are fully licensed to use, and that the Materials and the use thereof by GiftOn or GiftOn’s affiliates, designees or licensees will not infringe upon or violate any rights of any kind whatsoever of any third party. Further, you warrant and represent that you (i) have not accepted or agreed to accept, and will not accept, directly or indirectly from any third party, other than GiftOn, any money, service or other valuable consideration for the inclusion of any matter as a part of the Work or Services; (ii) are free to enter into and fully perform this Agreement, that there is no contract or agreement, express or implied, between you and any other party which may interfere with your ability to create and deliver the Work or perform the Services or otherwise impair GiftOn’s rights hereunder, and (iii) will not engage in any activity which may interfere with or otherwise impair GiftOn’s rights hereunder, the preparation or delivery of the Work, or the performance of the Services hereunder.
    4. Indemnity. You will at all times indemnify, defend and hold harmless GiftOn and its affiliates, the respective officers, directors, employees and agents of such entities, all GiftOn sponsors, licensees and advertising agencies, and any stations or systems over which the Work and/or the results of your Services are broadcast and/or distributed, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney fees and costs, arising out of: (i) the use of any Materials or Services furnished by you hereunder; (ii) any act done or words written or spoken by you, unless such words have been specifically supplied by GiftOn; and (iii) any breach or alleged breach by you of any warranty, representation or agreement made by you herein.
    5. Varia. This Agreement is governed by the laws of the State of Illinois, without regard to conflicts of law rules. This Agreement may not be changed, modified or discharged, in whole or in part, except by written instrument duly signed by the parties. This Agreement is personal to you and may not be assigned by you. GiftOn shall be entitled to assign this Agreement, including without limitation (i) in connection with any internal reorganization, and/or (ii) to any purchaser of the Company's business, whether by acquisition of assets, equity or by way of merger. This Agreement comprises the entire understanding with respect to the subject matter hereof and supersedes all other prior written or oral correspondence, discussions and/or agreements. Unless otherwise set forth above, all of your obligations set forth in this Agreement, including the confidentiality and non-compete obligations, will begin to run on the date of this Agreement and survive for 12 months after (i) you have completed your obligations with respect to the Work and/or the Services or (ii) either of us has notified the other in writing, including via e-mail, that this Agreement has been terminated.