Introduction

These terms and conditions govern your use of this website, whether or not you are a registered user of our service; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Giftry’s use of cookies in accordance with the terms of Giftry’s privacy policy, available at giftry.com/privacy.

License to use website

Unless otherwise stated, Giftry and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • submit product images or any other content to Giftry without the necessary rights;
  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • rely on any information or opinions expressed on the Service for any purpose;
  • register as a user of the Service by providing false, inaccurate, or misleading information;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

By using the Giftry Service, you acknowledge and agree that affiliate links and other tracking technologies (e.g., third party cookies) may be used, overlaid, or otherwise deployed in connection with your products on the Service, and that, unless you and we enter into a separate written agreement explicitly providing otherwise, neither you, nor any third party, shall be entitled to receive any portion of the revenue we may receive in connection therewith. For example, affiliate links on or adjacent to your Giftries or Items may enable us to earn a commission on revenue generated by qualifying sales by merchants that sell products, including, without limitation, products similar or identical to the items displayed in your Profile or Giftries. You also acknowledge and agree that, to the extent your Content includes any affiliate network identifier, affiliate links, or other tracking technologies, we may remove or replace such identifier, links, or other tracking technologies in our sole discretion, and without obligation to you.

By connecting to the Service with a third-party service (e.g., Facebook), you give us permission to access and use information, content or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Giftry’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Giftry’s express written consent.

Subject to your compliance with this Agreement, we also give you a personal, revocable, worldwide, non-assignable and non-exclusive right to install and use any downloadable software application(s) or scripts (e.g., our “Giftry Bookmarklet”) we may make available on the Website for download. You may not: (i) separate any individual component of any plugin or software; (ii) incorporate any portion of any plugin or software into your own programs or compile any portion of any plugin or software in combination with your own program(s); or (iii) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license any plugin or software or otherwise assign any rights to any plugin or software in whole or in part or otherwise use any plugin or software for commercial purposes. If we make any software available, you are not entitled to any support, upgrades, patches, enhancements, or fixes, and if we elect to provide support of any kind, we may terminate that support at any time. You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to any software, and not transfer, or encourage, assist, or authorize the transfer of any software to a prohibited country or otherwise in violation of any applicable restrictions or regulations.

We reserve all right, title and interest in and to the Service (including any software) not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.

Restricted access

Access to certain areas of this website is restricted. Giftry reserves the right to restrict access to other areas of this website, or indeed this entire website, at Giftry’s discretion.

If Giftry provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Giftry may disable your user ID and password in Giftry’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Giftry a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Giftry the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Giftry or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way.

You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.

By submitting Content, you also grant us the right to use your published biographical information in connection with the use or publication of your Content.

You understand that we may (a) transmit or distribute your Content over various public networks and in various media; (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media; and © display advertisements in connection with your Content and/or use your Content for advertising and promotional purposes. You agree that the rights and licenses you grant to us in this Agreement shall permit us to take these actions.

You hereby agree that we may place advertising and promotions and affiliate links on the Service on, about, or in conjunction with your Content and without obligation to you. The manner, mode and extent of such advertising and promotions and links are subject to change without specific notice to you. By way of example, if you add any Content from a third party merchant’s website, links from your Giftry Content on our Service to such third party merchant’s website may contain affiliate links from which we may derive revenue without obligation to you.

You represent and warrant to us that you have all the rights, capacity, power and authority necessary to grant the above rights and licenses. To the extent you separately engage in sales of any products or services displayed in Content that you add via the Service, you represent and warrant to us that you have all necessary rights and authority to sell such products and services.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.

Notwithstanding Giftry’s rights under these terms and conditions in relation to user content, Giftry does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Giftry makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Giftry does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Giftry will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Giftry has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Giftry’s liability in respect of any:

  • death or personal injury caused by Giftry’s negligence;
  • fraud or fraudulent misrepresentation on the part of Giftry or
  • matter which it would be illegal or unlawful for Giftry to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Giftry has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Giftry’s officers or employees in respect of any losses you suffer in connection with the website.

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Giftry’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Giftry.

Communications by us

You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Website, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Giftry and undertake to keep Giftry indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Giftry to a third party in settlement of a claim or dispute on the advice of Giftry’s legal advisers) incurred or suffered by Giftry arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Giftry’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Giftry may take such action as Giftry deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Giftry may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Giftry may transfer, sub-contract or otherwise deal with Giftry’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Giftry’s Privacy Policy, constitute the entire agreement between you and Giftry in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

Any claim relating to Giftry, LLC’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Giftry’s details

The full name of Giftry is Giftry, LLC.

Giftry’s registered address is 1235 E 1650 S, Bountiful, UT 84010.

You can contact Giftry by email to info@giftry.com.

Privacy Policy

Your privacy is very important to us. Accordingly, if you have questions regarding our privacy policy and use of your personal information, please consult our Privacy Policy located at giftry.com/privacy.