Terms & Conditions

PRIVACY POLICY


GENERAL

 

My Gift Registry, LLC (“Company”) respects the privacy of its users whether they use our website located at www.ItsMyGiftRegistry.com (“Website”) to participate in interactive programs or simply view the Website. The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you used the Website. The Website is hosted on servers located in the United States. By using the Website, you are consenting to have your personal data transferred to and processed in the United States.

By using or accessing the Website, you are accepting the practices described in this Privacy Policy.

CHILDREN

 

The Website is not intended for children under 13 years of age. Company does not knowingly collect personal information from children under 13.

 

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

 

Users of the Website Generally

 

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Company gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website. Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.

 

We may also periodically obtain both Personally-Identifying Information and Non-Personally-Identifying Information about you from other Company-affiliated businesses, business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information.

 

We may also collect and store Personally-Identifying Information about other people that you provide to us, such as their name, address and email address. If you use our Website to send others (friends, relatives, colleagues, etc.) a product as a gift, we may store your Personally-Identifying Information , and the Personally-Identifying Information of each such recipient in order to process those requests or facilitate future activities.

 

Web Cookies

 

A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. Company uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Website is being used. Company does not attempt to link information gathered using Web Cookies to Personally-Identifying Information. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

 

We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including any Personally-Identifying Information) about your visits to this and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.

 

Web Beacons

 

A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page. Company may use Web Beacons on the Website to count users who have visited particular pages and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information; they are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Website.

 

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

 

Website Registration

 

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company collects a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves at the time they sign up to submit materials for a Website interactive program. That information may include each user’s name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, and other demographic information such as your hometown, your gender or your username, and other relevant information as determined by Company from time to time. Users of the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features.

 

BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

 

Online Forums and Public Postings

 

Certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users’ use of the Website. We provide areas on our Websites where you can post information about yourself and others and communicate with others or upload content such as photographs. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.

Company Communications

 

We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. As part of our service to you, you may also receive emails to inform you about an activity related to your account.  For example, you will get an email notification, if a friend of yours chooses an item on your gift wish list and reserves to buy that gift for you.  Generally, you may opt out of such emails, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.

 

DMCA Infringement Notifications, Notices of Violations of Website Terms of Use and Other Communications Directed to Company

 

By submitting a copyright infringement notification under the Digital Millennium Copyright Act (DMCA) (explained further in our Terms of Use) or other communication (including communications about content stored on or transmitted through the Website) you consent to have such communication forwarded to the person or entity who stored, transmitted or linked to the content addressed by your communication, in order to facilitate a prompt resolution. For notices of violations of our Terms of Use or other communications (but not DMCA copyright infringement notifications), upon request Company will edit out your name and contact information. However, DMCA copyright infringement notifications (including any personally identifiable information set forth in the notifications) will be forwarded as submitted to Company without any deletions.

 

Disclosures Among Users

 

Company allows both registered and non-registered users to search for members of the Website on the basis of Personally-Identifying Information collected by us.  Information displayed in search results includes member names, thumbnails of profile pictures, and their location (city and state).  Users that wish to see beyond this basic information must sign in as registered members. 

 

Members generally have access to other members’ Personally-Identifying Information, e.g. name, items on the wishlist, address, photos, date of birth, and interests, unless some of this information is restricted by profile owners.  In addition, other information that is available for public viewing includes, but is not limited to, member announcements, comments on photos and gifts, and their friends.  To help prevent spam, member email addresses are not publicly displayed on the Website except when members themselves post their email addresses in their notes, comments, or announcements.

 

Company  Disclosures

 

Company will disclose Personally-Identifying Information under the following circumstances:

  • By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our Company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • Business Partners: When you make purchases or engage in promotions offered through our Website or our services, we may share Personally-Identifying Information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
  • Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by opting out at the time you register for our site, or at any time thereafter by visiting the “Account Settings” page for your account.

 

  • Aggregated and Non-Personally-Identifying Information. We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

 

  • Marketing Communications. Unless users opt-out from receiving Company marketing materials upon registration, Company will email users about products and services that Company believes may be of interest to them. Company also will provide users’ email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of having their email information provided to third parties at any time after registration, they may do so by going to the Account Settings. Even after opting-out, a user may continue to receive marketing emails from third parties to whom Company already has provided the user’s email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.

 

  • Third Party Service Providers. Authorized service providers: We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.

 

  • Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

 

Changing Personally-Identifying Information; Account Termination

You may at any time change your Personally-Identifying Information by going to Account Settings. You can also review and update your personal information by contacting us at the email address provided below in the Contact section of this Privacy Policy. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, go to Account Settings or e-mail us at privacy@ItsMyGiftRegistry.com. We will retain in our files some personal information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your personal information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

General Use

 

We use the Personally-Identifiable Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on our Website and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, reward you for the ads you watch, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our Terms of Use, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifiable Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifiable Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

 

CONTESTS, GIVEAWAYS AND SURVEYS.

 

From time to time, Company may offer Website users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, Company may also ask Website users to participate in surveys designed to help Company improve the Website. Any Personally-Identifying Information provided to Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

 

EMAIL TO FRIENDS FEATURE AND REFERRAL PROGRAM

 

Company offers users the ability to send friends emails about the Website. If users choose to use this feature, be assured that Company only uses friends’ email addresses on a one-time basis to send the requested email.

 

COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY

 

Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy Policy. Third parties are under no obligation to comply with this Privacy Policy, however, with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. Company neither owns nor controls the third-party websites accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party, whether by means of a link on the Website or otherwise, and before providing any Personally-Identifying Information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in those users’ discretion, protect their privacy.

 

SECURITY

 

We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks.

PRIVACY POLICY CHANGES

 

Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless Company obtains your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. Users should regularly check this page for any changes to its Privacy Policy. Company will always post new versions of the Privacy Policy on the Website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.

 

CONTACT

 

If you have any questions regarding our Privacy Policy, please contact our privacy officer at:

 

Privacy Officer

 

My Gift Registry, LLC

55 Raritan Ave, Suite 2154 

Highland Park, NJ 08904

Fax: 732 543 1865

Email: privacy@ItsMyGiftRegistry.com

Phone: 732 543 1864

 



TERMS OF USE

TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and My Gift Registry, LLC and its affiliated companies (collectively, “Company”), concerning your access to and use of the www.ItsMyGiftRegistry.com website (“Website”). The Website allows users to build gift lists, register and remember special occasions, interact with others relating to gift ideas, and is a social network providing related activities and services (“Company Services”). The Company Services are free of charge, but Company reserves a right to charge fees for the Company Services upon prior notice to you. The Company Services are hosted in the United States.

 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.

 

You accept and agree to be bound by this Agreement by acknowledging such acceptance during the registration process (if applicable) and also by continuing to use the Website. If you do not agree to abide by this Agreement, or to modifications that Company may make to this Agreement in the future, do not use or access or continue to use or access the Company Services or the Website.

 

USER REPRESENTATIONS

 

Regarding Your Registration

 

By using the Company Services, you represent and warrant that:

 

a.      all registration information you submit is truthful and accurate;

b.      you will maintain the accuracy of such information;

c.      you will keep your password confidential and will be responsible for all use of your password and account;

d.      you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and

e.      your use of the Company Services does not violate any applicable law or regulation.

 

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

Regarding Content You Provide

 

You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the Website (“Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:

 

a.      the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;

b.      you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms;

c.      your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

d.      your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

e.      your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

f.       if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

g.      your Contribution does not violate any state or federal law designed to regulate electronic advertising;

h.      your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;

i.        your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

j.        your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

k.      your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

l.        your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole discretion.

 

CONTRIBUTION LICENSE

 

When you post a Contribution to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Contributions on the Website, including any derivative of the Website or other related media form, such as mobile websites, widgets that may contain Contributions, or other media forms. By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. You may remove Contributions from the Website at any time, however this feature might not be available for all Contributions. The Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

 

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement, including but not limited to Contributions containing offensive language and advertisements.

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

 

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by Company in Company’s sole discretion. Prohibited activity includes, but is not limited to:

 

a.      criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

b.      advertising to, or solicitation of, any user to buy or sell any products or services;

c.      systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;

d.      making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

e.      engaging in unauthorized framing of or linking to the Website;

f.       transmitting chain letters or junk email to other users;

g.      using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

h.      engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;

i.        interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

j.        attempting to impersonate another user or person;

k.      using the username of another user;

l.        selling or otherwise transferring your profile;

m.    using any information obtained from the Website in order to harass, abuse, or harm another person;

n.      using the Company Service as part of any effort to compete with Company;

o.      decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;

p.      attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

q.      harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;

r.       displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose; and

s.      using the Website in a manner inconsistent with any and all applicable laws and regulations.

 

Non-commercial Use by Users

The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become users and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

INTELLECTUAL PROPERTY RIGHTS

 

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, text and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company Content therein.

THIRD PARTY WEBSITES AND CONTENT

 

The Website contains (or you may be sent through the Website or the Company Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

 

Notifications

 

If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.

 

 

All Notifications should include the following:

 

a.      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

c.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.

d.      Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

e.      A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f.       A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notifications should be sent to our Copyright Agent as follows:

 

Designated Copyright Agent

My Gift Registry, LLC

55 Raritan Ave, Suite 2154

Highland Park, NJ 08904
Fax: 732 543 1865

Email: copyright@ItsMyGiftRegistry.com

Phone: 732 543 1864

 

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification

 

If you believe your own copyrighted material has been removed from the Website and/or Company Service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

 

a.      Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

b.      A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the Company is located.

c.      A statement that you will accept service of process from the party that filed the Notification or the party's agent.

d.      Your name, address and telephone number.

e.      A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

f.       Your physical or electronic signature.

 

You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

 

SITE MANAGEMENT

 

Company reserves the right but does not have the obligation to:

 

a.      monitor the Website for violations of this Agreement;

b.      take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities;

c.      in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;

d.      in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;

e.      terminate the accounts of repeat infringers; and

f.       otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

PRIVACY

 

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or the Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Company Services, you are consenting to the terms of Privacy Policy.

 

TERM AND TERMINATION

 

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

 

In order to protect the integrity of the Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Company Services.

 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

 

MODIFICATIONS

 

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification is posted on the Website. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of changes. Modifications to this Agreement shall be effective when posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

 

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

 

DISPUTES

 

Between Users

 

You are solely responsible for your conduct. Company reserves the right, but has no obligation, to monitor disputes between you and other users.

 

With Company

 

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the law of the State of New Jersey, excluding such state’s conflicts of law rules.  Any legal action of whatever nature by or against the Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Middlesex County, New Jersey; subject, however, to the right of the Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted more than three (3) years after the cause of action arose.

CORRECTIONS


Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

DISCLAIMERS

 

Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, Contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any Contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

The Company reserves the right to change any and all content, software and other items used or contained in the Website and any Company Services offered through the Website at any time without notice.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 12 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING, BUT IN NO EVENT SHALL SUCH AMOUNT BE LESS THAN $100.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

INDEMNITY

 

You agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

SWEEPSTAKES

From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the "official rules" for that sweepstakes.

NOTICES

 

Except as explicitly stated otherwise, any notices given to Company shall be given by email to info@ItsMyGiftRegistry.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by email, regular mail or discussion forum postings.

U.S. EXPORT CONTROLS

Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

MISCELLANEOUS

 

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 
CONTACT
 

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Service, please contact Company as set forth below:

 

My Gift Registry, LLC

55 Raritan Ave, Suite 2154 

Highland Park, NJ 08904 
Phone: 732 543 1864
Email: info@ItsMyGiftRegistry.com


AD TERMS AND CONDITIONS



The following terms and conditions (“Terms and Conditions”), with the insertion order (the “Insertion Order”) to which these Terms and Conditions relate (collectively referred to as this “Agreement”), sets forth the agreement between My Gift Registry, LLC (“My Gift Registry”) and the advertiser or advertising agency listed in the Insertion Order (“Advertiser”).

 

Delivery of Advertisement Content. 

 

Advertiser will provide to My Gift Registry all content for the advertisement (the “Advertisement”) in accordance with My Gift Registry’s then-current policies. If and to the extent that a delivered Advertisement does not conform to My Gift Registry’s then-current format specifications, Advertiser shall be responsible for altering the materials so that they meet My Gift Registry’s technical specifications.  In the event that Advertiser does not provide My Gift Registry with compliant content, My Gift Registry reserves the right to make technical modifications as necessary to conform the Advertisement to such specifications.  

 

License.

 

For the term of this Agreement and the purposes stated hereunder, Advertiser hereby grants to My Gift Registry a non-exclusive, royalty-free, transferable, worldwide license to reproduce, distribute, create derivative works of, publicly perform, publicly display and digitally perform the Advertisement and its constituent parts, including trademarks, service marks, logos or other commercial product or service designations (collectively “Marks”) contained in the Advertisement. Advertiser also grants to My Gift Registry the limited right to use an image of the Advertisement and the Advertiser’s Marks for purposes of its marketing, promotion and in content directories or indexes, and in electronic or printed advertising, publicity, press releases, newsletters and mailings about My Gift Registry’s website or My Gift Registry. My Gift Registry may make a reasonable number of archival or back-up copies of the Advertisement.

Serving of Advertisements.

 

My Gift Registry shall serve the Advertisements as specified in the Insertion Order to the My Gift Registry website (www.ItsMyGiftRegistry.com) and, if so set forth on the Insertion Order, to My Gift Registry’s network publishers’ websites. My Gift Registry estimates, but cannot guaranty, that the Advertisement units specified in the Insertion Order will be served in the time period specified in the Insertion Order. Except as otherwise expressly provided in the Insertion Order, positioning of an Advertisement within a website is at the sole discretion of My Gift Registry. My Gift Registry also reserves the right to reject or cancel any Advertisement, Insertion Order, space reservation or position commitment and any URL link embodied within any Advertisement, at any time.  My Gift Registry shall have no liability whatsoever by reason of error for which it may be responsible in any Advertisement beyond liability to give Advertiser credit for so much of the placement of the Advertisement as is materially affected by the error; and its obligation to give such credit shall not apply unless it is notified of the inaccuracy within 48 hours following the posting error.   Advertiser shall bear full responsibility for all products or services offered, sold or licensed through the Advertisements or the Advertiser's website. Advertiser will collect and pay all taxes related to the sale or licensing of such products or services.  The advertising inventory under the Insertion Order is for use solely by Advertiser (or if Advertiser is an agent, for Advertiser’s individual client) and may not be used by any third-party. Advertiser shall ensure that its collection, use and disclosure of information obtained from My Gift Registry users for Advertisements served under the Insertion Order complies with all applicable laws, regulations and privacy policies, including, without limitation, My Gift Registry’s privacy policy.

 

Payment.

If credit is extended to Advertiser, My Gift Registry shall invoice Advertiser monthly or after the end date specified in the Insertion Order, whichever is earlier. Credit card charges may be subject to automatic renewal as notified to and agreed by Advertiser during the registration process. Charges for renewal periods shall be calculated at the prevailing rates then offered by My Gift Registry. Advertiser agrees to such automatic renewals and charges to Advertiser’s credit card, subject to Advertiser notifying My Gift Registry by dates indicated by My Gift Registry for notification for cancellation of any automatic renewal. Extension of credit to an advertising agency is based on the agency's acceptance of the sole liability for all advertising placed by the agency and billed to its account. In the event of nonpayment of any agency account, prior to referring such account for third party collections, My Gift Registry reserves the right to contact the agency's client(s), as disclosed principal(s), for payment. If the outstanding balance is still not satisfied, My Gift Registry may proceed with collections against both the agency and its client(s). Payment will be due within thirty (30) days from the invoice date. Amounts paid after such date shall bear interest at the rate of one and one-half percent (1 ½ %) per month (or the highest rate permitted by law, if less). In the event of any failure by Advertiser to make payment, Advertiser will be responsible for all reasonable expenses (including attorneys’ fees) incurred by My Gift Registry in collecting such amounts.  My Gift Registry reserves the right to suspend performance of its obligations hereunder (or under any other agreement with Advertiser) in the event Advertiser fails to make timely payment hereunder or under any other agreement with My Gift Registry. My Gift Registry shall invoice and be paid by Advertiser based upon My Gift Registry’s reports for impressions (as measured by My Gift Registry in accordance with its standard methodologies and protocols), which absent manifest error, shall be deemed binding on the parties, or based upon any other invoice and pricing mechanism agreed by the parties. Advertiser agrees that all deposits are non-refundable. All insertion orders are done without agency discounts or agency fees and are due in full unless specifically noted. All payments shall be made in U.S. dollars. Advertiser shall be responsible for all taxes due on the sale of the Advertisements to Advertiser, including interest and penalties thereon, exclusive of taxes based on My Gift Registry’s net income.

 

Refund Policy.

 

There shall be no refunds for Advertising Ordered and properly served to the My Gift Registry website.


Usage Statistics.

 

Unless specified in the Insertion Order, My Gift Registry makes no guarantee with respect to usage statistics or levels of impressions for any Advertisement. My Gift Registry will provide Advertiser with periodic reports which illustrate past usage statistics relating to its Advertisement. My Gift Registry may also provide Advertiser with general usage statistics relating to the aggregate advertising on My Gift Registry’s website, but under no circumstances will My Gift Registry provide any specific usage statistics relating to other advertisers. Advertiser may not disclose such usage statistics to any third-party without My Gift Registry’s prior written consent.

 

Advertising Agency.

 

In the event that an advertising agency is executing this Agreement on behalf of an advertiser, such party executing this Agreement as agent shall be jointly and severally liable, with the advertiser, for all covenants and amounts owing hereunder. If an advertising agency executes the Insertion Order on behalf of an advertiser, the agency thereby represents and warrants that it has full authority to bind the client advertiser to the terms of this Agreement and that it will ensure that the client advertiser complies with all such terms.

 

Representations. 

 

Advertiser represents and warrants that it is solely responsible for any legal liability arising out of or relating to the Advertisement and any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement, as provided to My Gift Registry (and the serving of such Advertisement by My Gift Registry as contemplated in the Insertion Order), and any website to which such Advertisement shall link, will: (i) not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) not violate any applicable law, statute, ordinance or regulation, including, without limitation, laws and regulations governing content or export control; (iii) not be or contain material which is defamatory or trade libelous; (iv) not be or contain material which is lewd, pornographic or obscene; (v) not violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) not promote violence or hate speech; or (vii) not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.  Additionally, Advertiser represents and warrants that Advertiser has the right and authority to enter into this Agreement and grant to My Gift Registry the rights, permissions, privileges and licenses granted herein, without reservation or restriction. 

 

Indemnifications.

 

Advertiser agrees to defend, indemnify and hold harmless My Gift Registry, its affiliates and their respective directors, officers, agents, employees and affiliates for any and all damages, costs, liabilities or expenses (including without limitation reasonable attorneys’ and expert witnesses’ fees) finally awarded to third parties payable by My Gift Registry incurred or arising from any breach of the representations or warranties in this Agreement, any technical damage caused by the Advertisement or any portion thereof as provided, any claim arising from the Advertisement, Advertiser’s website or the sale or license of Advertiser’s goods or services or  any other act, omission or misrepresentation by Advertiser. Advertiser shall control the defense and settlement, if any, of such action; provided that Advertiser shall not settle, offer to settle or admit liability in any action in which it controls the defense if such settlement, offer or admission could impose any liability on My Gift Registry without the written consent of My Gift Registry, which consent shall not be unreasonably withheld. My Gift Registry shall cooperate in the defense of any claim for which Advertiser is indemnifying hereunder, at the expense of Advertiser.

 

Limitations on Liability; Disclaimer.

 

In the event (i) that My Gift Registry fails to publish an Advertisement in accordance with the schedule provided in the Insertion Order, or (ii) of any other failure, technical or otherwise, of such Advertisement to appear as provided in the Insertion Order, the sole liability of My Gift Registry to Advertiser shall be limited to, at My Gift Registry’s sole discretion, a pro rata refund of the advertising fee, placement of the Advertisement at a later time in a comparable position, or extension of the term of the Insertion Order until total impressions are delivered. IN NO EVENT SHALL MY GIFT REGISTRY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THE INSERTION ORDER OR SERVING OF THE ADVERTISEMENT, EVEN IF MY GIFT REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, My Gift Registry shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind work slowdown or any other condition beyond the reasonable control of My Gift Registry affecting production or delivery in any manner. THE MAXIMUM LIABILITY OF MY GIFT REGISTRY UNDER THIS AGREEMENT FOR ANY CLAIM, WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE SHALL NOT EXCEED THE AMOUNTS PAID BY ADVERTISER UNDER THE APPLICABLE INSERTION ORDER.

 

MY GIFT REGISTRY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THAT THE MY GIFT REGISTRY WEBSITE OR ANY THIRD PARTY WEBSITE TO WHICH MY GIFT REGISTRY SERVES ADVERTISEMENTS WILL OPERATE WITHOUT ERROR OR INTERRUPTIONS.

 

Confidentiality.

Advertiser agrees not to disclose to any third party My Gift Registry’s pricing and other business terms that are disclosed by My Gift Registry in relation to this Agreement, including, without limitation, information disclosed under the Section entitled “Usage Statistics.” Additionally, Advertiser shall not disclose information about My Gift Registry’s users to any party, nor shall Advertiser use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with the My Gift Registry website. This paragraph will survive any cancellation of this Agreement.


Terms Termination

The term of this Agreement shall be for the term set forth in the Insertion Order. Any extension of such term shall require the written agreement of both parties. Except as otherwise provided in the Insertion Order or as mutually agreed by the parties in writing, the Insertion Order is non-cancelable by Advertiser. Either party may terminate this Agreement in the event of a material breach of this Agreement by the other party, which remains uncured after thirty (30) days written notice thereof. If My Gift Registry terminates this Agreement due to Advertiser's material breach of any requirement of this Agreement, all of Advertiser's payment obligations hereunder shall survive such termination. If Advertiser terminates the Agreement due to My Gift Registry’s material breach of this Agreement, Advertiser will be responsible only for the pro-rata amount of the payments due under the Insertion Order. My Gift Registry may terminate this Agreement at any time for any reason upon thirty (30) days written notice to Advertiser (or upon such shorter notice as may be designated by My Gift Registry in the event that My Gift Registry believes in good faith that further display of the Advertisements will expose My Gift Registry to liability or other adverse consequences). In such event, Advertiser will be responsible only for only the pro-rata portion of payments due under the Insertion Order.   

 

Miscellaneous. 

 

Neither the failure nor any delay on the part of My Gift Registry to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof.  This Agreement may not be modified unless such modification is in a writing signed by both parties. The laws of the State of New Jersey shall govern all matters concerning the validity and interpretation of and performance under this Agreement, excluding such state’s conflicts of law rules, and the venue for any action with respect hereto shall be the applicable federal or state courts located in or with jurisdiction over Middlesex County, New Jersey.  Each of the parties hereto consents to the jurisdiction of the state and federal courts located in Essex County, New Jersey, and agrees not to bring any action in regard of this Agreement or the transactions hereunder in any other jurisdiction. In the event that legal proceedings are initiated for the purpose of enforcing the terms of this Agreement, the prevailing party in any such proceeding shall be entitled to an award of reasonable attorneys' fees and costs incurred in bringing or defending such action. It is further agreed that the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in collecting any judgment that results from any proceeding brought to enforce the terms of this Agreement. In no event shall My Gift Registry be liable for any claim that arose more than one (1) year prior to the institution of suit thereon. This Agreement represents the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, express or implied, oral or written, except as herein contained.  Advertiser may not assign or transfer this Agreement or any obligation incurred hereunder, without the prior written consent of My Gift Registry. Any attempt to do so in contravention of this Section shall be void and of no force and effect.  My Gift Registry may assign this Agreement. In the event of any conflict in terms between these Terms and Conditions and the Insertion Order, these Terms and Conditions shall apply. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.