TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HERIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF November 1, 2017.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Gift UP, LLC, also known as Gift UP, located at 407 Vine St. Suite #262. Cincinnati, Ohio 45202. And our subsidiaries and affiliates, in association with the use of the Gift UP website, which includes www.giftupnow.com (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

Gift UP is an online subscription service provider which has the following description:

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. To become a “Member”, you must provide your name, email address, other registration information, and select a password, which you should not share with any third parties. As another option, you can create an account and become a Member using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services. In becoming a Member, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of your Member information.

Gift UP implemented the interface using API to allow the Member  to connect with SNS's such as Google Plus and Facebook through the Services. By connecting your SNS account to the Services, you represent that you are entitled to grant us access to your SNS account without breach by you of any SNS terms and conditions and without obligating us to pay any fees. When you grant us access to your SNS account, you understand that we may utilize information that you have provided to or stored in your SNS account accessible through the Services so that it is available on your Account. Unless otherwise specified in the Terms of Service, all SNS Content will be deemed Members content for all purposes of the TOS. Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identifiable information that you post to your SNS account may be available to Gift UP. If an SNS account or associated service becomes unavailable or the Services' access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available. You can revoke our access to any SNS at any time by disconnecting your SNS account via your Account. Your relationship with each SNS is governed solely by your agreement(s) with such SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS in violation of the privacy settings that you have set in the SNS. Gift UP does not review SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.


The user and/or Member acknowledges and agrees that the Services provided and made available through our site, are the sole property of Gift UP, LLC. At its discretion, Gift UP, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.  Gift UP, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Gift UP, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user and/or member understand, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Gift UP, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

PRIVACY

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

COMMUNICATION PREFERENCES

By using the sites services, you consent to receiving electronic communications from Gift UP relating to your account. These communications may involve sending emails to your email address provided during registration and the email address provided for the event reminders service.

MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY

After completion of the registration data you will login using your email address and password created during your account registration.  You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account.  It shall be your responsibility to notify Gift UP, LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security.  Gift UP, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

SUBSCRIPTION, BILLING, AND CANCELLATION

Gift UP, LLC provides gift suggestions to customers based on an annual subscription fee for each “event” purchased.  An “event” will be identified as any registered date for which a payment is submitted in return for gift suggestions provided by the company prior to the registered event date.

Your event subscription will renew each year, unless or until you cancel your subscription, or we terminate it.  You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the sites service. We will bill the annual subscription fee to your Payment Method. You must cancel your subscription before it renews in order to avoid billing of the next period’s subscription fees to your Payment Method.

By starting your event subscription and providing or designating a Payment Method, you authorize us to charge you an annual subscription fee at the then current rate, and any other charges you may incur in connection with your use of the sites service to your Payment Method. You acknowledge that the amount billed each year may vary from year to year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding an event, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these TOS, any price change to your service will take effect following email notice to you.

The subscription fee for our service will be billed at the time of the paying portion of your subscription registration and each year thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your paying subscription. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Service, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, annually refers to your billing cycle.

Payments are nonrefundable and there are no refund or credits. Following any cancellation, however, you will continue to have access to the site. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

You may cancel your event subscription at any time. To cancel, go to the "Member" page on our website, then to “Packages” under the Manage Subscriptions section, where you will have the ability to cancel any package under your Member account. If you cancel your subscription, the subscription package chosen will no longer be active and no more charges will be incurred for that package and Services will cease.

GIFT SUGGESTION PURCHASING

Gift UP offers concierge services for purchasing the gift suggestions provided. Purchases are made upon customer completion of shipping information and credit card payment for the price identified for the suggestion, a service fee, and an estimated tax amount.  Gift UP will act on the customer's behalf to purchase the suggestion from the original e-commerce site provided. All refunds/returns will be handled in accordance with the e-commerce site of the purchased product.  Click here to view the full purchasing policy.


DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE Gift UP, LLC SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GIF UP, LLC SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Gift UP, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Gift UP, LLC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Gift UP, LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Gift UP READY DEVICES, AND Gift UP SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Gift UP, LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

MOBILE DEVICE USAGE

The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

COMMERCIAL USE

Unless otherwise expressly authorized herein or in the Service, you agree not to utilize any aspect of our Service for any commercial purposes. The Service is solely for the Member's personal use.

THIRD PARTY CONTENT AND OTHER WEBSITES
Content from other users, partner websites, and other third parties may be made available to you through the Services. As we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include for each event. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

INTELLECTUAL PROPERTY

The Gift UP, LLC service, including all content provided on the Gift UP, LLC service, is protected by copyright, trade secret or other intellectual property laws and treaties.

Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the sites service, please notify us using our contact information contained in this TOS.

VIOLATIONS

Please report any and all violations of this TOS to Gift UP, LLC as follows:

Mailing Address:
Gift UP, LLC
Attn: Copyright Agent
407 Vine St. Suite #262
Cincinnati, Ohio 45202