Terms & Conditions
Registration. In order to create a registry with Gifting Tree, You must first visit the Website and create a Gifting Tree account by following the online instructions. You may update Your profile information by visiting Your profile page on the Website. Your profile information must be current at all times. You are limited to one (1) Gifting Tree account per e-mail address and Your account must be Your account only and may not be accessed by multiple persons. You may not use the Gifting Tree Service to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person's username, password, or other personal information.
Gifting Tree Content. All content provided via the Website and/or Gifting Tree Service, including without limitation the text, graphics, images logos, trademarks, copyrighted material, buttons, icons, software and other content and the collection, arrangement and assembly of all Gifting Tree Content (collectively, "Gifting Tree Content"), are and/or may be protected under copyright, patent, trademark and other laws. As between You and Company, all Gifting Tree Content is Company's exclusive property. Unauthorized use of Gifting Tree Content may violate copyright, patent, trademark, or other right of Gifting Tree and/or any other person or entity as well as applicable laws. You shall not copy or adapt the code that Company creates to generate any Gifting Tree Content or the pages making up the Website, which is also protected by Company’s copyright.
You represent and warrant that any of Your Content that you upload, post, or otherwise submit to Company via the Website: (i) is accurate, truthful, complete, and current, (ii) does not violate or infringe upon the intellectual property or any other right of any other person or entity, including without limitation copyright, trademark, trade secret, patent, and the right of privacy and publicity, and (iii) does not constitute libel, slander, or defamation and does not violate any applicable laws.
By uploading, posting or otherwise submitting Your Content to the Website, you automatically grant to Gifting Tree a royalty-free, irrevocable, non-exclusive and fully transferable right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and otherwise exploit, Your Content and any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Company, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to You or any third party.
Purchase. Both Registrants and non-Registrants of Gifting Tree may purchase gifts for a registrant of the Website. Purchasers may contribute either the full cost of a gift or a partial cost of a gift on a Registrant’s registry. Purchases, either full or partial, will be processed immediately by Gifting Tree’s third party payment processor and charged to the Purchaser’s method of payment. Once the gift is 100% funded, Gifting Tree will automatically purchase the gift for the Registrant and ship the gift to the address provided by Registrant to Gifting Tree. In the event a gift is only partially funded at the conclusion of the registry period, Gifting Tree will provide Registrant with a gift card in the amount of the partially funded gift or re-direct the purchased funds to another gift on Registrant’s registry, in Gifting Tree’s sole discretion. Gifting Tree does not accept returns directly. The gifts are purchased from third party retailers and Registrant may return gifts to the third party retailer from whom the gift was purchased in accordance with that retailer’s return policy. For more information on Gifting Tree’s shipping, tax, and return policy, please see [insert FAQ]. In Gifting Tree’s sole discretion, Gifting Tree may elect to cancel a purchase or re-direct the purchased funds to another gift. This may happen for a variety of reasons, including if the price of gift has changed, the gift is out of stock, or the gift is only partially funded. Gifting Tree will notify Purchaser if a gift in the registry is no longer available.
Links to other Websites. When a Registrant links his/her Gifting Tree account to a third party retailer account, the products, services, prices, information and other content are controlled by that specific third party retailer and not by Gifting Tree. To the extent our Website contains links and hyperlinks to third party retailers and other third party sites, the availability and content of which Gifting Tree does not control, any concerns regarding any such information, prices, products or services, or any link or hyperlink thereto, should be directed to the particular third party retailer. Gifting Tree reserves the right to correct any errors, inaccuracies or omissions and to change or update information from such third party retailers and other third party sites at any time without prior notice (including after you have registered or purchased a gift).
Inaccuracy Disclaimer. From time to time there may be information on the Website (not linked or hyperlinked to a third party site) that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Gifting Tree reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have registered or purchased a gift).
WARRANTY DISCLAIMER & RELEASE. THE WEBSITE, GIFTING TREE SERVICE, AND WEBSITE CONTENT, AND ANY PRODUCTS OR SERVICES ACCESSED OR PROVIDED BY THE WEBSITE AND/OR GIFTING TREE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND BY COMPANY, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "GIFTING TREE ENTITIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN CONNECTION WITH YOUR ACCOUNT, THE WEBSITE, GIFTING TREE SERVICE, ANY WEBSITE CONTENT, AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE GIFTING TREE ENTITIES DO NOT WARRANT THAT THE WEBSITE AND/OR GIFTING TREE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE GIFTING TREE SERVICE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE GIFTING TREE ENTITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
THE GIFTING TREE ENTITIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF ITS REGISTRANTS, VISITORS OR THE PRODUCTS AND SERVICES OF THE THIRD PARTY RETAILERS AND ACCOUNTS LINKED TO THE WEBSITE. YOU RELEASE THE GIFTING TREE ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN: (I) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH REGISTRANTS, VISITORS, AND THIRD PARTIES, AND/OR (II) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, GIFTING TREE SERVICE, CONTENT AND THE PRODUCTS AND SERVICES OF THE THIRD PARTY RETAILERS AND ACCOUNTS LINKED TO THE WEBSITE. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY RETAILERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE FOR PURCHASE THROUGH THE WEBSITE ARE NOT AGENTS, EMPLOYEES OR REPRESENTATIVES OF THE GIFTING TREE ENTITIES. REGISTRANT SELECTS WHICH OF HIS/HER THIRD PARTY RETAILER ACCOUNTS TO LINK TO GIFTING TO TREE. THE GIFTING TREE ENTITIES ARE NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS, INCLUDING NEGLIENCE, ERRORS, OR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OF SUCH THIRD PARTY RETAILERS OR ANY OTHER PROVIDER, MANUFFACTURER OR SELLER OF GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE, AND YOU RELEASE THE GIFTING TREE ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE GIFTING TREE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, GIFTING TREE SERVICE, WEBSITE CONTENT AND OTHER MATERIALS, (II) THE USE OF, OR THE INABILITY TO USE, ANY OF THE PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE WEBSITE; (III) ANY REMOVAL, DELETION, OR MODIFIFICATION OF ANY CONTENT, PRODUCTS OR SERVICES DISPLAYED ON THE WEBSITE; AND (IV) ANY DELAY OR INABILITY TO USE THE WEBSITE, CONTENT, PRODUCTS OR SERVICES DISPLAYED, AVAILABLE OR PURCHASED THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY ANY OF THE GIFTING TREE ENTITIES OR THE GIFTING TREE ENTITIES CUMULATIVELY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Registrant Communications. You give Company the right and permission to periodically contact You with information, updates, and special offers via email or direct message. You are solely responsible for Your interactions and communication with other Registrants, visitors, or Purchasers.
If you are a copyright owner and believe that any content on the Website infringes upon your copyright, you may submit a takedown request by providing Company with the following information in writing:
A 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 or other third party right claimed to have been infringed, or, if multiple copyrighted works or other third party right are claimed to be infringing, 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 Company to locate the material;
Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or third party rights holder, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Effective Date. This Agreement is effective and was last updated on July 1, 2014.