Effective: November 6, 2020
Welcome to giftgoat!
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interfaces, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Notwithstanding the foregoing, you are expected to periodically review the Terms of Service in order to stay aware of any changes, as they are bind on you.
Our Services are offered and available to users who are at least 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of a legal age to form a binding contract with giftgoat and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GIFTGOAT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
The following key points of these Terms of Service are highlighted here for your convenience only. These key points are not made in lieu of the full Terms of Service and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by giftgoat.
General Release: While giftgoat has taken reasonable care in offering and delivering the Services, the Services are provided on an “as is” basis. The Services are provided on the understanding that they do not violate any regulations or laws. giftgoat shall not be responsible for any loss or damage resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any other users of the Services, whether online or offline. giftgoat is not and will not be liable for any indirect, consequential or other damages including financial loss arising from your use of the Services. Use of the Services is at your own risk.
giftgoat is Not a Proofreader. giftgoat creates custom, personalized greeting cards using the messages and other content you provide us. To process your order, we will use your message and other content, such as artwork, “as is” and as provided by you to create your greeting card. Due to the volume of greeting cards, giftgoat does not proofread customer messages and cannot be held liable for customer messages containing errors, inaccuracies, or incompleteness. In addition to other terms in these Terms of Service, you are responsible for thoroughly proofreading your messages, including any artwork, and recipient addresses, ensuring names, grammar, spelling, images, syntax, and overall greeting card content are error-free, accurate, and complete, and the content of your messages is within our message guidelines. You acknowledge and agree to not hold giftgoat liable for any errors, inaccuracies, or incompleteness reflected in your greeting cards.
For your convenience, giftgoat offers you the option to have greeting cards automatically generated and sent to your contacts (“Auto Card(s)”). In order to enable this option, you must manually select this feature in your account. For each Auto Card, you are responsible for reviewing the automatically generated message and artwork for any errors, inaccuracies, or incompleteness and submitting necessary changes, if any, to us. You are also responsible for verifying the recipient’s name and address, ensuring this information has not change since you enabled the auto-send feature for the contact. giftgoat will send you notification via email or text message that an Auto Card is ready for your review. You will have two (2) days from the date of notification to accept, review, or cancel the Auto Card. If you fail to respond to a notification for an Auto Card, the Auto Card will be automatically processed and sent “as is.” You acknowledge and agree to not hold giftgoat liable for any Auto Cards that are sent without a timely review by you. Furthermore, you authorize giftgoat to bill and charge you for such unreviewed Auto Cards in accordance with these Terms of Service.
Right to Review and Reject. Notwithstanding the foregoing, giftgoat may implement automated technology that searches messages for keywords that indicate the message may contain offensive, obscene, pornographic, indecent, lewd, sexual and sexually suggestive, embarrassing, harassing, threatening, or otherwise inappropriate content (“Unacceptable Messages”). giftgoat reserves the right to reject, at any time and in our sole discretion, Unacceptable Messages. You acknowledge and agree giftgoat has sole authority in determining if a message is an Unacceptable Message. Through our automated technology, we may also review, copy, and internally distribute messages from your order to help us create algorithms and programs that will help us improve our Services and identify customers who violate these Terms of Service or laws.
Access and Use of the Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify giftgoat 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 when accessing the Service. giftgoat will not be liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to disable any user name, account, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of the Terms of Service.
Contact Permissions: You are responsible for securing and maintaining a record of contact permissions from your intended recipients. By using the Service, you represent you have permission to contact your intended recipients using our Services.
Modifications and Disruptions to Service: giftgoat makes no guarantees as to the continuous availability of the Service or any specific features of the Service. giftgoat reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) at any time and for any reason with or without notice, all of which in our sole discretion. You agree that giftgoat will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. giftgoat will also not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. Periodically, we may restrict access to some parts of the Services, or the Services, to users, including registered users. In our sole discretion, we may also implement certain rules for and limits on the use of the Services without notice or penalty. We reserve the right to change these rules or limitations, or both, at any time and in our sole discretion.
As with all online-based services, the Service may be subject to unavailability, delays, limitations, and other problems inherent in the use of the Internet. giftgoat is not responsible for any delays, outages, delivery failures, downtime, or other reasons that may hinder your usage of the Service. You agree not to hold giftgoat responsible for the accessibility and usage issues.
General Practices Regarding Use and Storage: You acknowledge that giftgoat may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on giftgoat’s servers on your behalf. You agree that giftgoat has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that giftgoat reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that giftgoat reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your giftgoat account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You, along with any of your employees, agents, contractors, authorized users and/or any other person or entity acting on your behalf (collectively, the “User Group”), are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, submit, request, or display (hereinafter, “upload”) or email or otherwise use via the Service. The following list consists of examples of the kind of content and/or use that is illegal or prohibited by giftgoat. giftgoat reserves the right to investigate and take appropriate legal action against anyone who, in giftgoat’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of giftgoat, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose giftgoat or its users to any harm or liability of any type;
- disrupt, overburden, damage, impair, or otherwise interfere with the Service, servers on which the Services are stored, or networks, databases, or computers connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information in any form from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You further agree not to:
- use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
- use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
- introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Service.
You shall make all members of the User Group aware of the provisions of these Terms of Service, as well as any modifications or amendments, and shall cause the User Group to comply with all such provision of these Terms of Service. You are responsible for all acts and omissions of your User Group. As such, any act or omission by any member of your User Group which, if undertaken by you would constitute a breach of these Terms of Services, shall be deemed to be a breach of these Terms of Service by you.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment method and provide giftgoat information regarding your credit or debit card. giftgoat accepts major U.S. credit and debit cards. By placing an order with giftgoat, you represent and warrant to giftgoat that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. We will bill you at, or shortly after, you place an order with us. You agree to pay giftgoat the amount that is billed (including any taxes and late fees, as applicable) in accordance with this Terms of Service.
As a giftgoat customer, you may auto-send greeting cards to your choice of contacts within your account. Payment is due at the time we receive your automatic order for the greeting card. Auto-sends continue until you terminate them. You can easily terminate auto-sends by turning off the auto-send feature for the contacts you no longer want receiving automatically sent greeting cards.
You hereby authorized giftgoat to charge your credit or debit card for any products and/or services purchased and for any additional amounts. You are responsible for the timely payment of all fees to giftgoat. If your payment method is rejected, expired, or declined, we may immediately cancel your order(s) and/or terminate your access to the Service. Once you have provided a valid payment method and settled all outstanding charges, if any, we will restore your account.
If your card is automatically replaced by your bank or other type of payment processor, you agree that we are authorized to deduct any outstanding charges on your account against the new card.
In the event you dispute charges, you must let giftgoat know within thirty (30) days after the date that giftgoat charges you. We reserve the right to change giftgoat’s prices, if any, for its Services. If giftgoat does change its prices for Services, giftgoat will provide notice of the change on the Site or in email to you, at giftgoat’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on giftgoat’s net income.
You can cancel your order at any time up to 11:59 PM Mountain Time on the day you place your order. To cancel an order, you must email us at [email protected] with your order number and the phrase “Cancel My Order” in the subject line.
UNLESS SPECIFIED ELSEWHERE ON THE SERVICE, ALL SALES ON GIFTGOAT ARE FINAL. THERE ARE NO RETURNS OR REFUNDS.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal, non-commercial use.
If you wish to make any use of material on the Service other than that set out herein, please address your request to:
Attn: Legal Department
515 E. Grant Street, Suite 150
Phoenix, AZ 85004
Email: [email protected]
Third Party Distribution Channels
giftgoat offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- giftgoat and you acknowledge that these Terms of Service are concluded between giftgoat and you only, and not with Apple Inc. (“Apple”), and that as between giftgoat and Apple, giftgoat, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be giftgoat’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- giftgoat and you acknowledge that giftgoat, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between giftgoat and Apple, giftgoat, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to giftgoat as follows:
Attn: Legal Department
515 E. Grant Street, Suite 150
Phoenix, AZ 85004
Email: [email protected]
giftgoat and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content, functionality, or features, including, but not limited to, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by giftgoat, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you agree to not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by giftgoat from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of giftgoat, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by giftgoat.
The giftgoat name and logos are trademarks and service marks of giftgoat (collectively the “giftgoat Trademarks”). Other giftgoat, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to giftgoat. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of giftgoat Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of giftgoat Trademarks will inure to our exclusive benefit.
Third Party Material: The Services may contain profiles, message boards, forums, chat rooms, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials. Under no circumstances will giftgoat be liable in any way for any content or materials of any third parties (including users), 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 such content. You acknowledge that giftgoat does not pre-screen content, but that giftgoat and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, giftgoat and its designees will have the right to remove any content that violates these Terms of Service or is deemed by giftgoat, in its sole discretion, to be 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.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that:
- you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein;
- you have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- all User Content do and will comply with these Terms of Service.
By uploading any User Content, you hereby grant and will grant giftgoat and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Any User Content you post to the Service will be considered non-confidential and non-proprietary.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to giftgoat are non-confidential and non-proprietary and giftgoat will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that giftgoat may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of giftgoat, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not giftgoat or its affiliates or service providers, or any of their and our respective licensees, successors, and assigns, have any responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service. Furthermore, we are not responsible for the actions of any of our users or of third parties who may link to User Content.
Copyright Complaints: giftgoat respects the intellectual property of others, and we ask our users to do the same. If you believe any materials accessible on or from our Services infringe your copyright or other intellectual property rights, you may notify giftgoat of your infringement claim and request removal, or access to, those materials, in accordance with the procedure set forth below.
giftgoat will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to giftgoat’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also notify giftgoat’s Copyright Agent by mail at:
Attn: Copyright Agent
515 E. Grant Street, Suite 150
Phoenix, AZ 85004
To be effective and compliant with the DMCA, your notification must be in writing (the “DMCA Notice”) and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please be aware that if you knowingly materially misrepresent that material or activity on or from our Services is infringing your copyright, or other intellectual property right, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent designated above:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Arizona and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, giftgoat will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please be aware that if you knowingly materially misrepresent that material or activity on or from our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, giftgoat has adopted a policy of terminating, in appropriate circumstances and at giftgoat’s sole discretion, users who are deemed to be repeat infringers. giftgoat may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. giftgoat has no control over such sites and resources and giftgoat is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that giftgoat will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that giftgoat is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, giftgoat is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, giftgoat is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. giftgoat enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
We may provide certain social media features that allow you to:
- link from your own or certain third party websites to certain content available on the Services;
- send emails or other communications with content, or links to content, on or from the Service; or
- display portions of content from the Service to your own or certain third party websites.
You may use these features solely as they are provided by us. Your use must be in accordance with any additional terms and conditions we may provide at the time of your use of these features. Subject to the foregoing, you must not establish a link from any website not owned by you or take any action with respect to the materials on or from the Service that is inconsistent with any other provision of these Terms of Service. We reserve the right to discontinue, restrict, modify, or otherwise make unavailable to you these social media features at any time and without notice to you.
Other Links to the Services
You may link to our Service, on the condition you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Notwithstanding the foregoing, you are prohibited from establishing a link in such a way to suggest any form of association, approval, or endorsement on our part without our express written consent.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Service.
We reserve the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice to you.
The owner of the Service is based in the State of Arizona, United States of America. Our Services are for use only by persons located in the United States of America. As such, we make no claims that the Services or any of its content is accessible or appropriate out of the United States. Access to and use of the Services may not be legal by persons in certain countries. If you access, or attempt to access, the Services from outside the United States of America, you do so at your own risk and are responsible for compliance with local laws.
Purchased product(s) are generally shipped in 1-3 business days but may, from time to time, take longer. Large bulk orders and highly-personalized cards tend to take longer. Items shipped directly to recipients with first class stamps will arrive in approximately 3 to 7 business days from the date of shipment. International shipments may take longer. Bulk products shipped directly to customers will arrive in approximately 1 to 5 business days from shipment, depending on the method of shipping chosen, i.e., overnight or standard.
We will ship, or designate an authorized party to ship, your greeting card(s) to the address(es) you provide us. It is your responsibility to ensure the recipient’s address is error-free, accurate, and complete. We have no control over, or visibility in, the postal system or system used by other mail carriers we may use to deliver your greeting card(s). Delivery dates provided to you are entirely estimates. Delivery time may be impacted by a number of factors, including, but not limited to, weather, incompetency within the postal system and other mail carrier systems, recipient’s location, and force majeure events (as described in the Force Majeure section below). Risk of loss transfers from us to you when we deliver your cards to the carrier. Under no circumstances shall giftgoat have any liability for any delay in the delivery of your cards or for any loss of your cards.
giftgoat reserves the right to change shipping fees at any time to reflect changes in shipping costs, which are generally determined by the postal system or other mail carriers.
Indemnity and Release
You agree to release, defend, indemnify and hold giftgoat and its affiliates, licensors, and service providers and their respective officers, employees, directors, successors, contractors, suppliers, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTGOAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER GIFTGOAT NOR ANY PERSON ASSOCIATED WITH GIFTGOAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
YOU HEREBY ACKNOWLEDGE AND AGREE WITH GIFTGOAT DOES NOT AUTHENTICATE, OR GUARANTEE THE ACCURACY OF, CONTENT UPLOADED OR PROVIDED BY THIRD PARTIES (INCLUDING USERS OF THE SERVICES). GIFTGOAT IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED THROUGH THE SERVICES. GIFTGOAT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
WE HAVE NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER OF THE SERVICE. FURTHERMORE, WE DO NOT CONTROL OR MONITOR USER CONTENT. AS SUCH, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ACCURACY OR LEGITIMACY OF ANY CONTENT ON THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER GIFTGOAT NOR ANYONE ASSOCIATED WITH GIFTGOAT REPRESENTS OR WARRANTS THAT THAT (I) THE SERVICE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS, (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) DEFECTS WILL BE CORRECTED, (V) OUR SERVICE OR THE SERVERS THAT MAKES OUR SERVICE AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUM COMPONENTS OR (VI) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIFTGOAT (OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GIFTGOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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; (V) FAILURE TO STORE OR PRESERVE INFORMATION IN CONNECTION WITH YOUR ADDRESS BOOK; (VI) ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SERVICE; OR (VII) MAIL CARRIERS FAILING TO DELIVER ANY PRODUCTS TO YOUR INTENDED RECIPIENTS. IN NO EVENT WILL GIFTGOAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GIFTGOAT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and giftgoat, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and giftgoat are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND GIFTGOAT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GIFTGOAT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution
giftgoat is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to giftgoat should be sent to giftgoat, Inc., Attn: Legal Department, 515 E. Grant Street, Suite 150, Phoenix, AZ 85004 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If giftgoat and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or giftgoat may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by giftgoat or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or giftgoat is entitled.
- Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless giftgoat and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, giftgoat agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, giftgoat agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending giftgoat written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that giftgoat, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if giftgoat believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, and without notice. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. giftgoat may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that giftgoat may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that giftgoat will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and giftgoat will have no liability or responsibility with respect thereto. giftgoat reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, protests, riot or other civil unrest, mail carrier robbery or vandalism, mail carrier destruction, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Independent of Parties
No joint venture, partnership, employee, or agency relationship exists between you and giftgoat as a result of these Terms of Service or your use of the Services. These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at giftgoat, Inc., Attn: Legal Department, 515 E. Grant Street, Suite 150, Phoenix, AZ 85004.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.