TERMS & CONDITIONS

Thank you for choosing Gift Daddy. Gifty Club, LLC (“GC” or “Company”) does business as Gift Daddy and is the developer and operator of the www.giftdaddy.com site (the “Site”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions of use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. GC reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to theRefer and Earn Referral Program (the “ReferralProgram” and “Referral Terms”) and the Gift Daddy Privacy Policy(the “Privacy Policy”), which are incorporated herein.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

USE OF THE SITE

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of GC. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of GC. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all Subscribers (as defined below in Section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site or GC’s network security, or attempting to use the Site service to gain unauthorized access to any other computer system; and

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of GC.

ADDITIONAL TERMS AND CONDITIONS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity, unless otherwise approved. Any access codes or passwords provided should be safeguarded t all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

REGISTRATION AND PASSWORDS

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and referral reward programs (including the Referral Terms) (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

SITE NOT FOR MINORS

The Site is available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by GC for any reason (each a “Subscriber”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site or the App and agree to these Terms.

FRAUD PROTECTION, ILLEGAL ACTIVITY AND PROHIBITIVE USE

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

The Website may be used only for lawful purposes by individuals seeking the discrete delivery and receipt of gifts. As one of the conditions of your use of the Website and the Service, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website and the Service for any purpose or in any manner that is prohibited by these terms, conditions and notices, or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Site complies with these Terms and to seek prior written consent from GC for any uses not permitted or not expressly specified herein. GC specifically prohibits any use of the Site, and you hereby agree not to use the Site, for any of the following:

  1. Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
  2. Posting any Content that is not entirely your own or for which you do not have full rights to use;
  3. Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity;
  4. If you have a password, allowing any other person to access a non-public area of the Site, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference to the Site, the Site itself or the gift service (or any trademark, trade name, service mark, logo or slogan of GiftDaddy.com) to direct any person to any other website for any purpose;
  5. Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
  6. Posting or sending material that exploits people under the age of 18, or solicits personal information from anyone under 18, furthermore, failing to report knowledge of a person under the age of 18 to GiftDaddy.com, or continuing to use the site to interact in any way with anyone you know is under the age of 18 will result in termination of your Subscriberhip.
  7. Engaging in advertising to, or solicitation of, other Subscribers to send money, buy or sell any products or services. You may not transmit any chain letters or junk email to other Subscribers. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam,” or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to GC, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GC $200 USD for each such unsolicited communication you sent through the Site;
  8. Soliciting gambling or engaging in any gambling or similar activity;
  9. Using the Website as an escort or prostitute or using the Site to solicit clients for an escort or prostitution service;
  10. Initiating contact with Subscribers off site by any other means, without first obtaining explicit permission from them to do so via the Site;
  11. Posting advertisements or solicitations of employment, business, or pyramid schemes;
  12. Using the Site to promote, solicit, or engage in prostitution;
  13. Using Site for activities that violate any law, statute, ordinance, or regulations;
  14. Using the Site to encourage, promote, facilitate, or instruct others to engage in illegal activity;
  15. Engage in any activity that violates criminal laws of the jurisdiction in which the Member resides, visits or contacts Subscribers;
  16. Engage in any activity that facilitates or constitutes human trafficking;
  17. Stalking or otherwise harassing any other Subscribers or GC employees or representatives;
  18. “Frame” or “mirror” any part of the Site, without the Company’s prior written authorization;
  19. Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor; and
  20. Recruiting, including pornography, modeling, or escort sites or brothels.

TRANSACTIONS

If you wish to purchase any product or service made available through the Site and the App (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information (when applicable). You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to GC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. GC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with GC and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US

GC offers various subscription types: including rebillable monthly subscriptions (“Monthly Subscriptions”), multi-month subscriptions, andin some instances, prepaid annual subscriptions (“Annual Subscriptions”).

AUTOMATIC RENEWAL TERMS

With respect of GC subscriptions subject to automatic renewal, you agree that GC may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before GC reasonably could act.

MONTHLY AND MULTI-MONTH SUBSCRIPTIONS

By purchasing a Monthly or Multi-Month Subscription, you agree and acknowledge that your subscription has a recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by GC after the expiration date of your payment card.

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly or Multi-Month Subscription renewal.

CANCELLATION POLICY FOR MONTHLY AND MULTI-MONTH SUBSCRIPTION RENEWALS

To cancel your Monthly or Multi-Month Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at support@giftdaddy.com and we will do it for you, or (iii) go to support.giftdaddy.com and schedule a call with one of our Customer Service agents who can help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term.

AUTOMATIC RENEWAL TERMS

At the end of each subscription term, your subscription will be automatically extended for another term equivalent to the first term and your payment method will automatically be charged the Subscription fee at the then-current Subscription rate until you cancel your Subscription renewal.

PRODUCT INFORMATION; LIMITATION ON QUANTITIES

Excluding any content that may be submitted by Subscribers from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Subscribers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available or specific products shown on the Site will appear in the boxes delivered.

PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by Subscribers), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of GC or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. GC and the Sugar Daddy logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site’s content is Copyrighted by GC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by GC.

CONTRIBUTED CONTENT GUIDELINES – COMMUNITY SECTION OF SITE

GC values your engagement. When contributing content, please consider the following guidelines:

  • By submitting or posting any materials or content on the Site, you grant GC a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant GC the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. GC will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
  • All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
    • We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • Use obscenities, discriminatory language, or other language not suitable for a public forum;
    • Post advertisements, “spam” content, or references to other products, offers, or websites;
    • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
    • Post unduly critical or spiteful comments of other content posted on the page or its authors;
    • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
    • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  • In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via support@giftdaddy.com.

GENERAL DISCLAIMERS

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR THE APP. THE SITEAND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, GC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITEIS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GC MAKES NO WARRANTIES OF ANY KIND REGARDING ANY NON-GC SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THIS SITE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND GC MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH NON-GC SITES. GC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON THE SITE OR THE APP. GC DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

DISCLAIMER – NO PROFESSIONAL ADVICE

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

MESSAGING AND TELEPHONE CONSUMER PROTECTION ACT COMPLIANCE

GC may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Site. Such notices may not be received if you violate these Terms by accessing the Site in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner. To ensure that Member’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and GC or any of GC affiliates, agents, assigns and service providers, may be monitored and recorded by GC and any of GC affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording. You agree that GC may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that GC may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.

TAXES

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky. We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue’s Internet Web site.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend GC, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

LIMITATION OF LIABILITY

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF GC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GC’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR SUBSCRIBERSHIP OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID GC FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER SUBSCRIBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF SUBSCRIBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE GC FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

RISK OF LOSS

Any merchandise purchased from our Site or will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

GC specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. GC will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

Gifty Club, LLC
9909 Manchester Road, #314
Saint Louis, MO 63122

  • To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 service provider to locate the material;
  • Information reasonably sufficient to permit the service provider 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;
  • 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; and
  • 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.
  • Please contact us with any questions or concerns in connection with these Terms or the, or to provide any notice under these Terms.

WAIVER; REMEDIES

The failure of GC to partially or fully exercise any rights or the waiver of GC of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by GC or be deemed a waiver by GC of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of GC under these Terms and any other applicable agreement between you and GC shall be cumulative, and the exercise of any such right or remedy shall not limit GC’s right to exercise any other right or remedy.

GOVERNING LAW

The laws of the State of Missouri shall govern these Terms without regard to conflict of laws provisions.

DISPUTES

Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to GC shall be submitted to confidential arbitration in Saint Louis, Missouri; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Missouri. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND GC AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Questions: Should you have any questions regarding these Terms you may contact us at contact@giftdaddy.com

(These Terms and Conditions were last revised on May23, 2018.)