By using Giftswall's service ("Service"), you agree with these Terms of Service ("The Agreement"). If you do not agree with any of these terms, you are prohibited from using or accessing the Service. The materials contained on this web site (giftswall.com) are protected by copyright, trademark, and other applicable intellectual property rights.. Giftswall has the right to change the TOS in any way and at any time at its sole discretion. It is your responsibility to review these TOS so you are aware of any changes or updates. The terms "you" and "your" refers to the user of Service. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this Agreement.
1. The Company reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
2. Your use of the Service is conditioned upon your compliance with the TOS and any use of the Service in violation thereof may be regarded as an infringement to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate The Agreement.
3. You are at least 13 years old or older. You represent and warrant to The Company that: (i) you are an individual acting in your individual capacity (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any applicable law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Giftswall's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Giftswall; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Giftswall reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Giftswall is concerned that you may have used or operated the Service other than as intended, or for any other reason at Giftswall’s sole discretion.)
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of Service. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
6. User registration information
When you register to become a user of the Service, you will be requested to register your e-mail or connect through Facebook. You must provide the Company with truthful, accurate, and complete registration information. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You agree to notify the Company immediately if you believe your account has been accessed or used without your permission. You will also be responsible for the maintenance of the device used for the registration. You agree to notify the Company immediately if you believe your device may have been stolen or is otherwise being used by a third party without your permission.
7. Site Content and License
The Giftswall Contents are the proprietary materials and are properties of, and are solely owned by, the Company. Such contents are protected by laws relating to copyright, patent, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights. You may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell the Giftswall Content or any portion thereof. Any unauthorized use of the Giftswall Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and will not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise.
Terms of Payment.
The Company shall pay User within thirty (30) days following the end of each calendar month. If the payout is less than $15 it will be held until amounts due equal or exceed $15. If User disputes any payment, it must notify The Company in writing within sixty (60) days of the date of payment or forever waive User's rights to raise the dispute.
The Company will not be obligated to pay for any fraudulent actions generated by any person, bot, automated program or similar device, as reasonably determined by The Company.
You agree and acknowledge that the Company does not implement identification procedures about the PayPal account you provid. Thus, you must provide the Company with truthful, accurate, and complete PayPal account information in order to avoid any payment errors.
If you provide the Company with another person’s PayPal account due to carelessness, hacking, intent to deceive, or for any other reason, the Company you waive the right to any commission transferred to such account. For clarification, the Company cannot cancel or retransfer such transaction and/or transfer to a different PayPal account. If you provide the Company with an invalid, inaccurate, or deceptive PayPal account or do not provide a PayPal account, the Company may withhold any commission until a valid PayPal account is provided, whereupon the commission may be made at Company’s sole discretion.
Nothing in this TOS or the use of Company's Services creates any employment relationship between user and Company.
You agree that you are solely responsible for any and all applicable tax obligations, if any, due to all taxing authorities arising from or in connection with your Commission in any Service.
11. Third Party Copyrights and Other Intellectual Property
The Company respects intellectual property rights and holds users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violates third-party intellectual property rights. The Company reserves the right, in its sole discretion, to remove or disable access to any infringing material and to terminate the accounts of infringers. In addition, the Company reserves the right in its sole discretion to terminate, limit, or suspend accounts of users who infringe any third party rights, irrespective of whether such users are repeat infringers.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. The Company may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Company may also terminate or suspend any and all Services and access to the Website immediately, with or without prior notice, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13. Disclaimers; No Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN "AS IS" BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (i) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (ii) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (iii) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, GAMES, CONTENT, DATA AND MATERIALS FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (iv) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (v) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE; AND (vi) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
14. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO TEN DOLLARS (10 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
15. These Terms of Service and any dispute between you and the Company will be governed by and construed in accordance with the laws of the state of California and the United States, and both you and the Company agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts located in Santa Clara County, California with respect to any dispute. This choice of jurisdiction and venue does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE.
You agree to indemnify and hold harmless the Company, its affiliates and its and their respect directors, officers, employees, agents, successors and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of the Service, (ii) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term or condition set forth herein, and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligation set forth in this Section will survive any termination or expiration of your account or your use of the Service.
If we have a reasonable suspicion that you have acquired your reward by fraudulent behavior that did not led to genuine installation, we reserve the right to suspend your account and withheld any rewards.
Should you have any questions concerning the Service or these Terms of Service you may contact firstname.lastname@example.org