Terms of Use
1. Acceptance of Terms
These terms of use, conditions, and privacy policy (collectively, “Terms of Use”) are between you and the owner(s) of GiftGodz (“GiftGodz”, “we”, “us,” or “our”). These Terms of Use govern your use of the GiftGodz website at www.GiftGodz.com (the “Site”), including your use of the content found on the Site or publishing your own content on the Site.
Your continued use of the Site constitutes acceptance of these Terms of Use, which are subject to change from time to time without notice. You should periodically review these Terms of Use from time to time for any changes. Unless stated otherwise, any changes to these Terms of Use will take effect when they are posted.
2. The Site
The text, images, data, links, or other materials ("Content") found on the Site is provided to you by us and users of the Site, including people like you, for informational purposes only. The Content found on the Site is the property of GiftGodz, and therefore, cannot be republished by any third-party without prior written consent from GiftGodz.
All trademarks, trade names, tag lines remain the sole and exclusive property of GiftGodz or their respective owners. Before being published on the Site the Content found on the Site is not reviewed, screened, censored, edited, or otherwise modified. By using the Site, you expressly relieve us from any and all liability arising from your use of the Site.
The Site may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using this Site, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site to read the terms and conditions and privacy policy of each other website that you visit.
3. Posting Content on the Site
You may post Content on the Site, provided you do so under the terms and conditions in these Terms of Use. By posting content on the Site, you hereby grant us a worldwide, royalty-free exclusive, perpetual license to your Content. Conducting a search for information through the Site may result in the creation of a Content page for that search query on the Site soliciting such information from its users.
When you post Content to the Site, either gift requests, gifts themselves, comments or any other content you are granting us, or warranting to us that the owner of such Content has expressly granted us a royalty-free, perpetual, irrevocable, fully sub-licensable, exclusive right to use, reproduce, recategorize, reclassify, reorder, modify, translate, adapt, publish, create derivative works therefrom, transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows us the ability to display commercial advertising on the Site in connection with the Content.
By posting Content on the Site you agree that the material you are posting: (i) does not violate any applicable law, statute, ordinance, or regulation; (ii) does not violate the contractual or fiduciary rights of any third party; (iii) does not infringe any third party’s intellectual property rights, rights of publicity, or privacy; (iv) is not false or misleading or fraudulent; (v) does not misrepresent your affiliation with any person or entity; (vi) is not defaming; and (vii) is not pornographic, indecent, lewd, or suggestive.
4. Digital Millennium Copyright Act
GiftGodz respects the intellectual property rights of others and expects users to do the same. Pursuant to 17 U.S.C 512(c)(3) (Digital Millennium Copyright Act of 1998), The designated agent for GiftGodz for notice of alleged copyright infringement is or other impairment to an entity:
GiftGodz
8400A Menaul Blvd NE #157
Albuquerque, NM 87112
Fax: 805-293-2575
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/pl105-304.pdf (visited September 16, 2011). Those accused of copyright infringement are informed that repeated violation could result in permanent suspension from the Site.
5. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. GiftGodz EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED, FOUND OR ADVERTISED BY GiftGodz OR THE ADVERTISERS OF GiftGodz. GiftGodz MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED FROM OR TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, INTERRUPTIONS OR INACCURACIES OF THE SITE OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR SITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. GiftGodz DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GiftGodz SITE OR ANY PRODUCT OR SERVICE MENTIONED IN THE CONTENT ON THE SITE OR ANY HYPERLINKED SITE OR ANY SITE FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE.
No Medical Advice. The Site may contain information on a variety of medical topics; however there is absolutely no assurance that any information touching on medical matters is true, correct, or precise. The medical information provided on this Site is of a general nature and cannot substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. GiftGodz does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site.
No Legal Advice. This Site may contain information on a variety of legal topics; however there is absolutely no assurance that any information touching on legal matters is true, correct, or precise. The legal information provided on the Site is of a general nature and cannot substitute for professional legal advice. Always seek the advice of competent counsel with any questions you may have regarding a legal issue. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
No Financial Advice. This Site may contain information on a variety of financial topics; however there is absolutely no assurance that any information touching on financial matters is true, correct, or precise. The financial content on this Site is provided for your personal information only, is not intended for trading purposes, and cannot substitute for professional financial advice. Always seek advice of a competent financial advisor with any questions you may have regarding a financial matter. Information on this Site is not appropriate for the purposes of making a decision to carry out a transaction or trade nor does it provide any form of advice (investment, tax, or legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments, or products.
6. Limitation of Liability
IN NO EVENT SHALL GiftGodz, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE GiftGodz SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GiftGodz IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Indemnification
You agree to defend, indemnify and hold harmless GiftGodz, its directors, officers, employees and agents from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees) that arise or result from (i) your use of and access to the Site; (ii) your violation of these Terms of Use, including, but not limited to, any obligation, representation, or warranty made herein; (iii) your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right; and (iv) your negligence or breach of any agreement with users of the Site. This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Site.
8. Notice
GiftGodz will give you any necessary notices by posting them on the Site. You authorize GiftGodz to send notices via electronic mail as well if it decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site.
9. Miscellaneous
This Terms of Use comprises the entire agreement between you and GiftGodz with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of New Mexico, without regard to the choice of law provisions of that state. Any claim relating to this Agreement must be brought within one year of the date on which the claim arises. Any dispute between the parties relating to this Agreement shall be resolved only in the New Mexico District Court for Bernalillo County or the United States District Court for New Mexico (Albuquerque Division). In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision.
You agree that money damages would not be a sufficient remedy for breach of this provision and GiftGodz shall be entitled to specific performance for any such breach in addition to any other remedies available to it at law or in equity. No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
Users of the site may be granted the ability to maintain and modify the site. Such powers are granted to users in a volunteer capacity.
This Site is intended for persons at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), GiftGodz will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
Date Last Updated: May 15, 2014