Terms of Use

Overview

Updated: September 12, 2007

Welcome to AGiftWish.com, a social gift registry / wish list service. The AGiftWish.com service (the "Service") is operated by 0759262 B.C. Ltd and its corporate affiliates (collectively, "us", "we", or "The Company"). By accessing or using our website at http://www.agiftwish.com/ you (collectively, "User" or "Visitor") signify that you have read, understand, and agree to be bound by these Terms of Use (the "Agreement"), whether or not you are a registered member of the Service.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Such changes will become effective upon notification, which we may effect by sending you notice by email or posting a revised Agreement, as indicated by the date these terms were last revised, which you can access at any time using the "Terms of Use" link. Your continued use of the Service after any such changes constitutes acceptance by you of the new Terms of Use. If you do not agree to abide by these or future Terms of Use, do not use or access (or continue to use or access) this Service. It is your responsibility to regularly check this Agreement to determine if there have been changes to these Terms of Use and to review such changes.

Definitions

Definitions used in this Agreement:

  • "You" or "Your" refers to the User of this Website and its related services;
  • "Partners" refers to third-party companies, persons, or affiliates associated with the Company;
  • "Content" refers to, but is not limited to the Users' profiles, lists, items, or photos;
  • "Website" refers to AGiftWish.com or http://www.agiftwish.com/; and
  • "Personal Information" refers to any information about an identifiable individual.

Eligibility

Membership in this service is void where prohibited by law. By accessing this Website you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant that you will use the Website in a manner consistent with any and all applicable laws and regulations.

Right to Use

Your right to use the Service is subject to any limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Privacy

The Personal Information Protection Act ("the Act") regulates the way private sector organizations within British Columbia, Canada collect, use, keep, secure, and disclose Personal Information. AGiftWish.com recognizes the importance of privacy and recognizes the sensitivity of Personal Information received by us in the course of offering our services.

We recognize our professional obligation to maintain the confidentiality of our clients' information, and recognize our obligations concerning the Personal Information of all individuals that we collect, use, or disclose in our practice. This policy has been developed with those obligations in mind:

Privacy Policy

AGiftWish.com collects Personal Information from you in order to create your online profile; we will not use or disclose your Personal Information for purposes other than those described in this policy.

To create your online profile you acknowledge and agree that the information your provide through the Service may be displayed publicly, including but not limited to your first name, last name, alternate name, gender, birthday, interests, ID trait, photo, city, state or province, country, profile description, and currency, as well all information you provide to create your lists and items.

By using this Website you acknowledge and agree that:

  1. we reserve the right to disclose information about your usage of the System and demographics in the forms that do not reveal your personal identity;
  2. we reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or any products or services related to the Company;
  3. we cannot ensure the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties;
  4. we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the Personal Information you provide to others through the Service;
  5. we cannot assume any responsibility for the content of messages sent by others, and you release us from any and all liability in connection with the contents of any communications you may receive from other Users; and
  6. we cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by Users of the Service.

We may use third-party companies to provide various services (including but not limited to advertising) when you use this Website. In so doing information may be disclosed to those third-party companies, including but not limited to the internet protocol address (IP address) of the device you are using, or the user agent data of the software you are using to access the Website, and we may use attributes (including but not limited to age, gender, and interests) that you provide in your profile to display relevant ads to you. We are not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our Website.

If you have any questions with respect to our Privacy Policy and the handling of your Personal Information, or if you wish to request access to, or correction of, your Personal Information under our care and control, please contact us.

User Conduct, Code of Conduct

You understand that except for advertising programs offered by us on the Website, the Service and the Website are available for your personal, non-commercial use only. In addition, you agree to use the Service in accordance with the following Code of Conduct:

  1. you will not register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
  2. you acknowledge and agree that your account is private and should not be used by anyone other than you, you are responsible for all usage or activity on your account, including but not limited to use of your account by any third-party;
  3. you will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  4. you will not use the service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;
  5. you will keep all information provided to you through the service as private and confidential, and will not give such information to anyone without the permission of the person, User, or third-party, who provided it to you;
  6. you will not use automated scripts to interact with the Service or the Website in any way;
  7. you represent, warrant, and agree that no materials of any kind submitted through your account or otherwise uploaded, posted, transmitted, shared, stored, or made available by you through the Service will violate or infringe upon the rights of any third-party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material;
  8. you will not use the service to engage in any form of harassment or offensive behavior, including but not limited to the posting of Content which contain libelous, slanderous, abusive, or defamatory statements, or racist, pornographic, obscene, or offensive language;
  9. you will not use the Service to upload, post, transmit, share, store, or otherwise make publicly available any private information or Personal Information of any third-party, including but not limited to email addresses, postal address, phone numbers, social security numbers, credit card numbers, IM nicknames, URLs, or full names;
  10. you will not use the Service to upload, post, transmit, share, or otherwise make available any material that contains software viruses or any computer code, files, or programs designed to cause harm, interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment in any way;
  11. you will not upload, post, transmit, share, store or otherwise make available Content that, in our sole discretion, is objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us, our Partners, or Users to any harm or liability of any type; and
  12. to ensure a fun, safe, and enjoyable experience for everyone using the Service you agree to not create any Content which contains, implies, or makes reference to the following:
    1. violent content, racial intolerance, or advocacy against any individual, group, or organization;
    2. pornography, adult, or mature content;
    3. hacking/cracking content;
    4. illicit drugs and drug paraphernalia;
    5. excessive profanity;
    6. gambling or casino-related content;
    7. excessive, repetitive, or irrelevant keywords in the content or code of web pages;
    8. sales or promotion of weapons or ammunition (e.g., firearms, fighting knives, stun guns);
    9. sales or promotion of beer or hard alcohol;
    10. sales or promotion of tobacco or tobacco-related products;
    11. sales or promotion of prescription drugs;
    12. sales or promotion of products that are replicas or imitations of designer goods;
    13. sales or distribution of term papers or student essays; or
    14. any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others.

User Content

We reserve the right to monitor all Content to ensure that it conforms to this Agreement.

While we cannot review all Content posted by Users, and are not responsible for any Content, we reserve the right, but are not obligated, to delete, move, or edit Content that we, in our sole discretion, deem to violate this Agreement, or to be otherwise unacceptable. You shall remain solely responsible for any Content submitted through your account or otherwise uploaded, posted, transmitted, shared, stored, or made available by you through the Service.

Proprietary Content

The service contains content which is proprietary to us, our Partners, and our Users. We assert full copyright protection in the Service. Content posted by us, our Partners, or our Users of the Service may be protected whether or not it is identified as proprietary by us or by them. You agree not to modify, copy, or distribute any such content in any manner whatsoever without having first received the express written permission of the owner of such content.

External Links

Content may contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the Terms of Use and Privacy Policies of such External Links prior to using them.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or the Service ("Submissions"), provided by you to us are non-confidential and shall become the sole property of the Company. The 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.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting, or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that any material or content distributed through the Service constitutes copyright infringement, please provide us with the following information:

  1. a description of the copyrighted work that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on this Website;
  3. your name, email address, telephone number, and postal address;
  4. written confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  5. a statement by you, made under penalty of perjury, that the information above in your notice is accurate.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the service at any time, and/or delete your account and any Content or information that you have posted on the Website, for any reason, or no reason, at any time, with or without notice. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by other Users, may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to the appropriate authorities.

Limitation on Liability

YOU UNDERSTAND AND AGREE THAT YOU USE AGIFTWISH.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. AGIFTWISH.COM'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

AGIFTWISH.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY CONTENT CONTAINED ON AGIFTWISH.COM. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY AGIFTWISH.COM IN OBTAINED, THERE MAYBE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY AGIFTWISH.COM, OUR PARTNERS, ANY USER OF THE SERVICE, OR ANY PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH CONTENT SHALL BE YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL 0759262 B.C. LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY AGIFTWISH.COM AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUTATIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE AGIFTWISH.COM SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE AGIFTWISH.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER AGIFTWISH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CDN DOLLARS.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, Partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content or User Content you post or share on or through the Service, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other Users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Website and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Website or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Additionally, except where prohibited by law, as a condition of using AGiftWish.com services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of AGiftWish.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using AGiftWish.com’s services, each user agrees that any and all disputes and causes of action arising out of or connected with the Service, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada.

Questions

Please contact us if you have any questions or concerns regarding our Terms of Use.