OVERVIEW

CloudGifts is a marketing name, trade name, brand name, doing business as name, and/or subsidiary name, as applicable, of CloudGifts, Inc.

This website and related Services are operated by CloudGifts, Inc., a Delaware corporation, which may be operating under a different marketing name, trade name, brand name, doing business as name, and/or subsidiary name, as applicable. Throughout the site, the terms “CloudGifts”, “we”, “us” and “our” refer to CloudGifts, Inc. in addition to the marketing names, trade names, brand names, doing business as names, and/or subsidiary names, as applicable. CloudGifts offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, using or accessing emails, contacting us, purchasing something from us, using our services, obtaining our products including physical goods and digital goods, and/or using our products including physical goods and digital goods, you engage in our “Service” and agree to be legally bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, suppliers, customers, merchants, users, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Services. These Terms of Service are a legal agreement between you and CloudGifts.  By accessing or using any part of the site, visiting our site, using or accessing emails, contacting us, purchasing something from us, using our services, obtaining our products including physical goods and digital goods, and/or using our products including physical goods and digital goods, you acknowledge that you have carefully read and that you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new products, services, features, or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates and/or changes to our website. The changes will be effective immediately.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SERVICE TERMS

The CloudGifts Services are only intended for users who are 13 years of age or older. Any registration for, use of, or access to the Services by anyone under the age of 13 is unlicensed, unauthorized, and in violation of these Terms.  By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents over the age of 13 to use the Services and will supervise and be responsible for your minor dependents over the age of 13 in the use of the Services.  

You represent and warrant that: (i) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction; (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (iii) you are not identified as a “Specially Designated National,” (iv) you are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, and (v) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You provide the equipment (computer, software, email accounts, phone, tablet, etc.) and pay any fees to connect to the Internet or for data or cellular usage to access and use the Service.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available through the Services is not accurate, complete or current. The material through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material through the Services is at your own risk.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.

MODIFICATIONS TO THE SERVICE AND PRICES

CloudGifts reserves the right to offer, modify, suspend, discontinue, suspend, change the packaging, set the price, change the price, offer, change, or discontinue a sale, offer, change, or discontinue a Promotion, remove, change, make additions to, alter, discontinue, terminate, disable access to, or make any other modifications to the Services or Products or any feature of the Services or Products (“Service Modification”) at any time and from time to time without notice.  In no event will CloudGifts be liable to you or to any third-party for Service Modifications.

TERMINATION AND SUSPENSION OF SERVICES

CloudGifts may terminate your account, suspend your account, and/or block access to a Service or a portion thereof immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever or for no reason and without limitation, including but not limited to a violation of any or all of these Terms. Having your account terminated, suspended, and/or blocked does not grant you a waiver of any obligations you may have under these Terms. CloudGifts shall not be liable to you or any third party with regard to your account termination, suspension, and/or blocking. If your account is terminated, suspended, and/or blocked, you, or anyone acting under your discretion, is/are strictly prohibited from creating or using another account with CloudGifts. You may contact CloudGifts to discuss your account termination, suspension, and/or blocking, CloudGifts is under no obligation, but may, at its sole discretion, remove a termination, suspension and/or blocking or a portion thereof.

If you wish to terminate your Service, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including but not limited to, without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration agreements, no class action provisions, obligations, liabilities, and limitations of liability.

TERMINATION OF TERMS

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Products.  All provisions of the Terms which by their nature should survive termination shall survive termination, including but not limited to, without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration agreements, no class action provisions, obligations, liabilities, and limitations of liability.

If in our sole judgment, for any reason, for no reason, or if you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or Products (or any part thereof).

PRODUCTS OR SERVICES

Certain products or services may be available to you for purchase. These products or services may have limited quantities.  To the fullest extent provided by law, we are under no obligation to accept returns and may or may not do so at our sole discretion, either for a refund, a store credit, or a similar product or service and we may require you to pay shipping, restocking, or other fees in regards to such returns.  In the event we provide a Return Policy, that Return Policy is only a guideline for typical practices and this section will govern and control in all conflicts between our Return Policy and these Terms.

We provide no warranty as to the accuracy of the colors and images of our products and services that appear online, at the store, or through our Services. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions and pricing of products and Services are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

BACKORDERS

At times, CloudGifts may place Services and/or orders on backorder. CloudGifts may place Services and/or orders on backorder, at its sole discretion, for any reason and without reason. CloudGifts is not liable for any issue or damages that may result from Services and/or orders being placed on backorder.

ACCOUNT ACCESS AND ACCURACY OF INFORMATION

You may be required to register for an online account and/or provide certain account and/or purchase information including, but not limited to, name, phone numbers, social media information, email addresses, mailing addresses, billing addresses, payment information, other billing information, and/or usernames to use the Services and/or purchase Services. You agree to: (i) provide accurate, complete, current, and truthful information at all times; (ii) promptly update and maintain your account information to keep it current, complete, and accurate; (iii) accept all risks of unauthorized access to your account; (iv) maintain the confidentiality and security of your password or other Access Method; and (v) immediately notify CloudGifts if you suspect or discover any unauthorized use or security breaches related to the Services. Access to CloudGifts may come in any of the following forms, collectively "Access Methods": (i) through a Third Party Authentication (“Third Party Authentication”) method; (ii) by using an access token issued by CloudGifts; (iii) by using a password generated by CloudGifts; (iv) by using a password generated by you; (v) through a mobile device; or (vi) through another method or third party. CloudGifts may change authentication methods at any time and from time to time. The current Access Method will be made available within our Service. Access Methods may be reset through email or another communications method. CloudGifts will not and cannot be liable for any damage or loss arising from your failure to comply with this section.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

LOSS OF DATA

You agree and understand that CloudGifts has no liability for the loss of or damage to any information or data you store on your CloudGifts account. You are responsible for maintaining backup copies of all of your data.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USE OF THIRD PARTY SERVICES

You agree and understand that CloudGifts may or may not use, contract with, and rely upon, at its sole discretion, third party products and services including, but not limited to third party: web hosting, software (including open source software), warehousing, fulfillment, databases, analytics, payment processing, shipping, importing, exporting, social media, web services, email services, texting services, manufacturing, design, consulting, applications, computing infrastructure, servers, networking equipment, data storage, VOIP services, advertising services, tracking services, fraud verification services, stock photography, graphic design, packaging, quality assurance, certification, testing, OEM, ODM, photography, and/or other products and services to provide you with our Services.  You further agree that CloudGifts provides no warranties, representations, or conditions of any kind with regards to third party products and/or services and without any endorsement, and that CloudGifts assumes no liability and takes no responsibility for any damages resulting from the action, inaction, lack of quality, loss, and/or negligence by any third party product or service.

CloudGifts may be subject to additional terms set forth by the third parties.

INTERACTIONS WITH THIRD PARTIES

You acknowledge and agree that CloudGifts is not liable or responsible in any manner for any and all damage, harm, or loss of any sort incurred as a result of your use of the Services or any interactions, dealings, communications, or contact with any third party or third parties arising out of your use of the Services (“Third Party Interaction”). You understand and agree that any and all Third Party Interaction is solely at your own risk.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Furthermore, the CloudGifts Services may include links to third party widgets, websites, mobile services, products, promotions, apps, or other third party services (“Third Party Goods”) and may also link to, display, or otherwise make available third party data, content, events, information, products, apps, or materials (“Third Party Materials”) on the Services. If you use or access any Third Party Goods, you should be aware that CloudGifts' terms and policies, including our Privacy Policy and these Terms, no longer govern. You should review the applicable policies and terms including, but not limited to, terms of service, privacy and data gathering practices, of any Third Party Goods to which you navigate from the Services. CloudGifts does not control or endorse, and makes no representations or warranties of any kind, regarding any Third Party Goods or Third Party Materials including, but not limited to, the performance, accuracy, nature, content, quality, appropriateness, safety, decency, functionality, reliability, timeliness, validity, legality or any other aspect thereof.

THIRD PARTY AUTHENTICATION, DATA, AND ACCESS

Some CloudGifts Services may require a Third Party Authentication method provided by a Third Party Authenticator (“Third Party Authenticator”) including, but not limited to social media companies, web hosting companies, cloud services companies, mobile phone companies, computer companies, and/or software companies.  You grant CloudGifts the right to gather your data, store your data, use your data, access your account held with the Third Party Authenticator, and take any other action granted by Third Party Authentication. You agree that any data granted, gathered, or stored through Third Party Authentication may be retained or may be destroyed by CloudGifts, at the discretion of CloudGifts, with no obligation to you. If you revoke access, you agree that your Services may: (i) be disrupted; (ii) be discontinued; and/or (iii) continue to function for some time. If you revoke access, we may still contact you concerning any previous activity on the Service as necessary.

Your use of a Third Party Authentication method may require that you agree to additional terms and privacy policies set forth by the Third Party Authenticator.  You agree to do this at your own risk.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, with or without our request, you send certain specific submissions (for example contest entries), creative ideas, suggestions, questions, drawings, original or creative materials, comments, notes, photographs, pictures, proposals, plans, or other materials, whether online, by email, by social media, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium worldwide any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.  Furthermore, Comments shall become the sole property of CloudGifts and are non-confidential. CloudGifts shall own exclusive rights, including all intellectual property rights, in and to such Comments and shall be entitled to the unrestricted dissemination and use of Comments for any purpose, commercial or otherwise, without compensation to you or acknowledgment.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

USER CONDUCT

You are solely responsible for your conduct and the conduct of anyone else using your account and/or any other CloudGifts Service (“User Conduct”). CloudGifts assumes no liability and takes no responsibility for any User Conduct. Your User Conduct must comply with the rules set forth below. Enforcement of any or all of the rules in this section is solely in our discretion, and failure to enforce these rules in some instances should not be interpreted as and does not constitute a waiver of our right to enforce such rules in any or all other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that User Conduct with regards to the Services will follow these rules. You agree that you will not do any of the following in connection with the Services: (i) use the Services for any unauthorized or illegal purpose or engage in, promote, or encourage any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by CloudGifts; (ii) use the Services in any manner that could disrupt, interfere with, inhibit, or negatively affect other users from fully enjoying the Services or that could disable, overburden, damage, or impair the functionality of the Services in any manner; (iii) report abuse or flag content for improper purposes or without good reason; (iv) log on, log in, sign on, or sign in to an account or server that you are not authorized to access; (v) interfere with service to any network, host, or other user including without limitation, sending unsolicited e-mail, spamming, mail bombing, crashing, or flooding; (vi) violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to engaging in any activity involving money laundering, identity theft, or credit card fraud; (vii) access data that is not intended for your use; (viii) attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; (ix) send advertising products and/or services and/or promotions; (x) create an account or transmit, post, upload to, distribute, create, store, send or otherwise publish any content if you do not meet the age and parent or guardian permission and supervision requirements as set forth in these Terms; (xi) use or attempt to use another user’s account without authorization from such user and CloudGifts; (xii) emulate, adapt, modify, or hack the Services; (xiii) use any spider, scraper, robot, crawler or other automated means or interface not provided by us to access the Services or to extract data; (xiv) develop any third party applications that interact with User Content and the Services without our prior consent; (xv) attempt to interfere with or disrupt our servers, the Service, or networks connected to the Service; (xvi) circumvent or attempt to circumvent any security measures, filtering, or other features designed to protect the Services and/or third-parties; (xvii) scan, test, or probe for vulnerabilities within the network or any system related in any way to the Service without proper authorization; or (xviii) infringe upon and/or violate the rights of CloudGifts, our users, and/or any third party.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services and/or the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

USER CONTENT

You are solely responsible for any and all content you or anyone using your account and/or any other CloudGifts Service transmit, post, upload to, distribute, create, store, send or otherwise publish through the Services or through any third party service (collectively “User Content”). The User Content you provide must comply with the rules set forth below. Enforcement of the rules in this section is solely in our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. By using the Services, you agree not to transmit, post, upload to, distribute, create, store, send or otherwise publish through the Services any of the following: (i) User Content that is unlawful or illegal, that would constitute, provide instructions for, or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law; (ii) User Content that is harassing, hateful, profane, fraudulent, pornographic, defamatory, obscene, sexually explicit, indecent, vulgar, lewd, libelous, suggestive, violent, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, deceptive or otherwise objectionable; (iii) Private information of any third party; (iv) Corrupted data, viruses, or other destructive, harmful, or disruptive scripts, files, code, or other software designed to automate any functionality on the Services; (v) User Content that may violate or infringe upon any copyright, trademark, patent, trade secret, or other intellectual or other right of any party; (vi) User Content that impersonates any entity or person or otherwise misrepresents your affiliation with an entity or person; (vii) Unsolicited commercial messages (SPAM), political campaigning, promotions, advertising, or any chain messages or User Content designed to deceive or trick the user of the Services; or (viii) User Content that, in the sole judgment of CloudGifts, is objectionable, damages any CloudGifts brand, or which inhibits or restricts any other person or persons from using and/or enjoying the Services, or which may expose other users or CloudGifts to any harm or liability of any type.  By providing User Content, you represent and warrant that you have the lawful right to reproduce and distribute such User Content.

CloudGifts assumes no liability and takes no responsibility for any User Content transmitted, posted, uploaded to, distributed, created, stored, sent, or otherwise made available on the Services, nor is CloudGifts liable for any defamation, slander, libel, mistakes, omissions, falsehoods, obscenity, profanity or pornography you may encounter while using the Services. Your use of the Services is at your own risk. Although CloudGifts does not control and has no obligation to monitor, screen, or edit any of the User Content transmitted, posted, uploaded to, distributed, created, stored, sent, or otherwise made available on the Services, CloudGifts reserves the right, and has absolute discretion, to monitor, remove, edit, or screen any User Content transmitted, posted, uploaded to, distributed, created, stored, sent, or otherwise made available on the Services at any time and from time to time, for any reason, and without notice, and you are solely responsible for creating backup copies of and replacing any User Content at your sole expense and cost. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

You acknowledge, consent and agree that CloudGifts may preserve, disclose, and access your account information, personal information, and User Content if required to do so by law or in a good faith belief that such preservation, disclosure, or access is reasonably necessary to: (a) respond to your requests for customer service; (b) comply with legal process; (c) protect the personal safety, property, or rights of CloudGifts, its users, any third party, and/or the public; (d) provide, improve, or analyze Services; (e) for any business reason; and/or (f) enforce these Terms.

RIGHTS TO USER CONTENT

Except for any Comments you provide with respect to the Services, you retain ownership of the User Content, including but not limited to User Content you transmit, post, upload to, distribute, create, store, send or otherwise publish through the Services. However, if you transmit, post, upload to, distribute, create, store, send or otherwise publish through the Services, you grant CloudGifts and our affiliates a non-exclusive, irrevocable, royalty-free, perpetual, and fully sublicensable right to reproduce, use, adapt, modify, distribute, publish, translate, create derivative works from, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you transmit, post, upload to, distribute, create, store, send or otherwise publish through the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; (ii) CloudGifts’ use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity; and (iii) the User Content that you transmit, post, upload to, distribute, create, store, send or otherwise publish through the Services is accurate and not misleading.

FEES AND TAXES

CloudGifts may or may not charge any fees for the sale, fulfillment, shipping, delivery, processing, handling, servicing, supporting, and/or communicating with regards to a Service or Services.  CloudGifts may also charge taxes depending on local, state, national, and/or other tax laws.  You may also be responsible for additional taxes in your jurisdiction.  CloudGifts is not liable to you for any issues related to fees and/or taxes.

RESTRICTED ACCESS

CloudGifts may prevent you from accessing certain Services based on your geographic location including, but not limited to, countries or regions where the Service is not currently offered.

PERSONAL INFORMATION

Please read our Privacy Policy located at http://cloudgifts.com/privacy. Our Privacy Policy contains information about how we disclose, use, and collect data about you. These Terms of Service include this Privacy Policy as part of the agreement and by agreeing to these Terms of Service, you agree to our Privacy Policy.

PROMOTIONS

CloudGifts may offer promotions including, but not limited to: promotions, contests, awards, coupons, sales, incentives, and/or rewards collectively “Promotion”.  You acknowledge and agree that CloudGifts, at its sole discretion, determines all rules, may change the rules at any time, and determines the results and outcomes of any such Promotions.  CloudGifts makes no warranty and at no time shall CloudGifts be liable for any results, risks, and/or damages from any Promotion.  Your participation in any Promotion, whether voluntary, involuntary, and/or by default, is at your sole risk.

You are responsible for maintaining and following instructions for the use of any gift, coupon, gift card, and/or other reward given through a Promotion.  Your use of any gift, coupon, gift card, and/or other reward is at your sole risk and you waive and release CloudGifts from any and all liabilities.  Further, CloudGifts is not responsible for any lost or stolen gift, coupon, gift card, and/or other reward given through a Promotion.

COMMUNICATIONS

The Service may include communications to you from CloudGifts through several means including, but not limited to: websites, messages, instant messages, in app messages, mobile applications, emails, text messages, social media, social media direct messages, phone calls, other electronic communications, other social media communications, and mail (collectively "Communication"). These Communications may contain content related to the Service, including, but not limited to: service announcements, gift information, gift cards, payment receipts, notifications, requests for information, product information, promotions, ads, product announcements, acknowledgements, email verification codes, confirmations, welcome messages, responses to customer service questions, replies to social media, replies to Comments, replies to User Content, replies to feedback, replies to your communication with CloudGifts, other transactional messages, and administrative messages. You grant CloudGifts the right to contact you through these Communications and you may not be able to opt out of receiving these Communications.

Any new features that are added to or existing features that enhance the current Communications, including the release of new Services or Communications or the modification of existing Services or Communications, shall be subject to these or other applicable Terms. You understand and agree that the Communications are provided "AS-IS" and that CloudGifts makes no representations, no warranties, and assumes no responsibility for, among other things, timeliness, accuracy, availability, delivery, deletion, or failure to store any Communications or user data.

You further agree, with regards to email, the following: (i) at any registration and at all times thereafter to provide an email address that you own; (ii) at any registration and at all times thereafter to provide an email address that you check regularly, such as daily; (iii) that email is an acceptable form of communication for the delivery of gift cards; (iv) that email is an acceptable form of communication for payment receipts; and (v) that you are solely responsible for ensuring that email communications from CloudGifts are able to be received and read by you. As such, CloudGifts encourages you to add the email address from any CloudGifts Communication to your contact list, favorites list, VIP list, or other such list as to indicate to your email service provider that this email is important to you.

PAYMENT METHODS

CloudGifts may accept various forms of payment, including but not limited to online, mobile, check, credit cards and/or debit cards ("Payment Method"). Subject to governing laws and other restrictions set forth by financial institutions, CloudGifts, at its sole discretion, may: (i) determine which Payment Methods it will accept; (ii) use a third party Payment Processor ("Payment Processor") to process your payments; (iii) save your Payment Method with a Payment Processor for future use; (iv) use data including, but not limited to your IP address, browser information, operating system information, email address, social media data, cookies, and/or account history to verify the likelihood that your Payment Method is fraudulent; (iv) verify through the Payment Processor the information collected to determine the likelihood that your Payment Method is fraudulent; (v) remove or prevent the use of any Payment Method that is suspected of fraud; (vi) limit the number of Payment Methods you use; (vii) authorize your Payment Method for a purchase prior to charging your Payment Method; (viii) only accept Payment Methods from certain countries; (iv) only accept Payment Methods in certain currencies and (viii) limit the number of different Payment Methods you use.

By providing your payment information, you represent and warrant that you are: (i) authorized to use your Payment Method; (ii) in compliance with the terms and conditions of your Payment Method; and (iii) in compliance with governing laws. You are responsible for resolving any problems we encounter in charging your Payment Method. You may be subject to additional terms and conditions set forth by the Payment Method, the Payment Processor, and governing law.

RISK OF LOSS

RISK OF LOSS, RISK OF DAMAGE, RISK OF USE WITHOUT YOUR PERMISSION BY A THIRD PARTY, AND RISK OF THEFT FOR A SERVICE PURCHASED PASSES TO YOU UPON CLOUDGIFTS SENDING THE SERVICE VIA ANY COMMUNICATIONS OR SHIPPING METHOD, AS APPLICABLE, WHETHER OR NOT THE SERVICE WAS ACTUALLY RECIEVED.

ERRORS, INACCURACIES, AND OMISSIONS

CloudGifts does not represent or warrant that any the information on our site or in the Service is complete, accurate, current, error free, or reliable. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, Promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

TRADEMARKS

“CloudGifts”, the CloudGifts logo, any marketing, brand, doing business as, and/or subsidiary name, logo, Service or product, and any other CloudGifts Service or product logos, trade dress, slogans, or names that may appear on the Services are or may be CloudGifts’ trademarks in the United States and in other countries, and may not be used, copied, or imitated, in part or in whole, without the prior written consent of CloudGifts. All other registered trademarks, trademarks, company names or logos, and product names or logos contained in the Services are the property of their respective owners and may not be used without consent of the applicable trademark holder. Reference to any services, processes, products, or other information by, trademark, name, manufacturer, supplier or otherwise does not imply or constitute recommendation, endorsement, or sponsorship by CloudGifts.

LIMITED LICENSE AND COPYRIGHT

Unless otherwise indicated by CloudGifts, the Services and all content and other materials within the Services, including, without limitation, all text, designs, the user experience, the flow of the Services, the order of events within the Services, pictures, graphics, data, information, software, sound files, logos, other files, the arrangement of the content and selection of the content (collectively, “Specified Proprietary Property”) are the proprietary property of CloudGifts, our licensors, or users and are protected by U.S. and international copyright laws.

CloudGifts grants you a limited, non-sublicensable, and non-exclusive license (“Limited License”) to use the Specified Proprietary Property and the Services. The Limited License is subject to these Terms and you are not permitted to do any of the following: (i) use the Specified Proprietary Property or the Services other than for their intended purposes; (ii) alter, remove, or obscure any trademark, copyright, or other proprietary rights notice included in the Services; (iii) redistribute, rent, lease, sell, lend, sublicense or make commercial use of the Specified Proprietary Property or the Services; (iv) download, other than the page caching, application caching, cookies, local storage, or other means designed by and intended by CloudGifts for that purpose, any portion of the Specified Proprietary Property or the Services, except as expressly permitted on the Services; (v) use any robots, data mining, or similar extraction or data gathering methods; (vi) attempt to discover, un-obfuscate, reverse engineer, copy, disassemble, or decompile the source code of our Services; and/or (vii) alter, modify, or otherwise make any derivative uses of the Specified Proprietary Property or the Services, or any portion thereof. Any use of the Specified Proprietary Property or the Services other than as explicitly authorized herein, without the prior written consent of CloudGifts, is strictly prohibited and will terminate the Limited License granted in this section. Such unauthorized use may also violate applicable laws, including without limitation, trademark and copyright laws and applicable communications statutes and regulations. Unless specifically stated by CloudGifts, nothing in these Terms shall be construed as granting any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable by CloudGifts, at its sole discretion and without notice, at any time.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim by contacting us, in writing, delivered by postage prepaid certified mail at CloudGifts, Inc., c/o CloudGifts Legal, 2201 Francisco Dr. Suite 140-465, El Dorado Hills‎, California‎ 95762, United States of America. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further details): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Service on your copyright.

DISCLAIMER OF WARRANTIES

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, SERVICES, PRODUCT, AND/OR PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, SAFETY, QUALITY, EFFORT, AND ACCURACY IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLOUDGIFTS, CLOUDGIFTS, INC. AND OUR PARENT, SUBSIDIARIES, MARKETING NAMES, BRANDS, DOING BUSINESS AS NAMES, TRADE NAMES, AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, TRUSTEES, OFFICERS, EMPLOYEES, INTERNS, PARTNERS, LICENSORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS AND CONSULTANTS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, CONDITIONS OF ANY KIND, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND PRODUCTS AND THE CONTENT CONTAINED THEREIN THOSE SERVICES AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL: (I) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); (II) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF MERCHANTABILITY (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH MERCHANTABILITY); (III) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF MERCHANTABLE QUALITY (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH MERCHANTABLE QUALITY); (IV) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF DURABILITY (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH DURABILITY); (V) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF RELIABILITY (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH RELIABILITY); (VI) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF SAFETY (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH SAFETY); (VII) WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF COMPATIBILITY (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH COMPATIBILITY); AND (VIII)  WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF NON-INFRINGEMENT OR CONDITION OF TITLE (WHETHER OR NOT CLOUDGIFTS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH NON-INFRINGEMENT OR CONDITION OF TITLE). CLOUDGIFTS, CLOUDGIFTS, INC. AND OUR PARENT, SUBSIDIARIES, MARKETING NAMES, BRANDS, DOING BUSINESS AS NAMES, TRADE NAMES, AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, TRUSTEES, OFFICERS, EMPLOYEES, INTERNS, PARTNERS, LICENSORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS AND CONSULTANTS MAKE NO WARRANTY WHATSOEVER THAT:  (I) THE SERVICES OR PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR PRODUCTS WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (IV) THAT THE OPERATION OF THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (V) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES OR PRODUCTS WILL FUNCTION OR MEET YOUR EXPECTATIONS; (VI) THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (VII) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (VIII) THAT THE SERVICES OR PRODUCTS WILL BE SAFE; (IX) THAT THE SERVICES OR PRODUCTS WILL BE DELIVERED PROPERLY; (X) THAT THE SERVICES OR PRODUCTS WILL BE AVAILABLE, NOT AVAILABLE, CANCELED, OR NOT CANCELED; (XI) THAT YOU WILL BE NOTIFIED OF ANY INFORMATION RELATED TO SERVICES AND PRODUCTS; NOR (XII) THAT ANY OTHER DEFECTS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED. USE OF THE SERVICES AND PRODUCTS THEMSELVES, AS WELL AS ANY MATERIAL, SERVICES, OR PRODUCTS ACCESSED, DOWNLOADED, SHIPPED, DELIVERED, SENT, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY ABILITY TO USE THE SERVICES OR PRODUCTS, INABILITY TO USE THE SERVICES OR PRODUCTS, DAMAGE TO PROPERTY, LOSS OF DATA, INJURY, BODILY HARM, DEATH, OTHER PHYSICAL HARM, PSYCHOLOGICAL HARM, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF OTHER INTANGIBLES, USE, GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, LOSS, CLAIM, ANY OTHER FORM OF PERSONAL OR MONETARY DAMAGES, AND ANY OTHER COMMERCIAL DAMAGES OR LOSSES WITHOUT LIMITATION. NO ORAL OR WRITTEN INFORMATION, INSTRUCTIONS, GUIDELINES OR ADVICE GIVEN BY CLOUDGIFTS OR AN AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ANY AND ALL WARRANTIES.

INDEMNIFICATION

You agree, at your sole expense, to defend, indemnify and hold harmless CloudGifts, CloudGifts, Inc. and our parent, subsidiaries, marketing names, brands, doing business as names, trade names, affiliates, agents, directors, shareholders, trustees, officers, employees, interns, partners, licensors, contractors, subcontractors, suppliers, service providers and consultants, from and against any and all actual or threatened suits, proceedings (at law or in equity), payments, actions, any demand or claim, damages, fines, deficiencies, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, penalties, interest, costs, and disbursements) resulting from, caused by, arising out of, attributable to, or in any way incidental to: (i) your use of the Services or Products; (ii) any user content you transmit, post, upload to, distribute, create, store, send or otherwise publish on or through the Services or Products; (iii) your user conduct; (iv) your violation of these Terms of Service; (v) your violation of the law; or (vi) your violation of the rights of any third party.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CLOUDGIFTS, CLOUDGIFTS, INC. OR ITS PARENT, SUBSIDIARIES, MARKETING NAMES, BRANDS, DOING BUSINESS AS NAMES, TRADE NAMES, AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, TRUSTEES, OFFICERS, EMPLOYEES, INTERNS, PARTNERS, LICENSORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR CONSULTANTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, INJURY, BODILY HARM, DEATH, OTHER PHYSICAL HARM, PSYCHOLOGICAL HARM, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF OTHER INTANGIBLES, USE, GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, LOSS, CLAIM, ANY OTHER FORM OF PERSONAL OR MONETARY DAMAGES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES WITHOUT LIMITATION, EVEN IF ADVISED OF THEIR POSSIBILITY, ARISING OUT OF, BY USE OF, RELATED TO, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO THE SERVICES, PRODUCTS, AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO; THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE OR PRODUCT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, GIFT PROMOTIONS, PROMOTIONS, OTHER PROMOTIONS, CONTESTS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF GIFT CARDS OR GIFT PROMOTIONS), STATEMENTS, USER CONTENT, ERRORS, OMISSIONS, CARELESSNESS (WHETHER INTENTIONAL OR ACCIDENTAL), USER CONDUCT, THE CONDUCT OF ANY THIRD PARTY ON THE SERVICE, THIRD PARTY SERVICES, THIRD PARTY MATERIALS, AND/OR ANY OTHER MATTER RELATING TO THE SERVICE OR PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF CLOUDGIFTS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN NO EVENT WILL CLOUDGIFTS' TOTAL LIABILITY, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSOR OF $1,000 USD OR THE TOTAL AMOUNT YOU PAID TO CLOUDGIFTS IN THE LAST SIXTY (60) DAYS FROM THE DATE OF YOUR CLAIM. FURTHERMORE, CLOUDGIFTS, AT ITS OPTION AND SOLE DISCRETION, MAY REMEDY ANY CLAIM BY REPLACING A SERVICE OR PRODUCT, PROVIDING A CREDIT, OR PROVIDING A REFUND FOR AN AMOUNT OF EQUAL VALUE.

ARBITRATION AGREEMENT AND NO CLASS ACTION

For any dispute you have with CloudGifts, you agree to first contact us by email and attempt to resolve the dispute with us informally. If CloudGifts has not been able to resolve the dispute with you informally, we each agree to resolve any dispute, claim, or controversy (excluding claims for injunctive or other equitable relief) in connection with, arising out of, or relating to these Terms or the Services (including, but not limited to, your use of the Services) by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and CloudGifts agree otherwise, the arbitration will be conducted in El Dorado County, California, or, if not available in that county, then the nearest applicable county within California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that you will pay for CloudGifts reasonable filing, administrative, and arbitrator fees if your claim is frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert witnesses and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLOUDGIFTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

CONFLICTS IN TERMS

To the extent that any part of these Terms conflicts with another whether in interpretation, with regards to jurisdiction, in a specific case, in a general case, and/or any other conflict, the part that is more favorable for CloudGifts shall take precedence.

SEVERABILITY

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and, as such, limit that provision to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.  Such determination shall not affect the validity and enforceability of any other provisions.

ASSIGNMENT

These Terms, and any licenses and rights granted hereunder, may not be assigned or transferred by you, but may be assigned or transferred by CloudGifts without restriction. Any attempted assignment or transfer by you in violation hereof shall be null and void.

TIME LIMIT ON CLAIMS

Any dispute, claim, suit, controversy, or action brought by you with respect to any Services or anything related these Terms must be brought, if at all, within one (1) year from the start of such cause of action.

CAPITALIZATION OF DEFINITIONS

Definitions are the same for all capitalized words and non all capitalized words. For example, "Example Definition" and "EXAMPLE DEFINITION" carry the same meaning as defined.

NO WAIVER

No waiver by CloudGifts of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other term, and CloudGifts' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and CloudGifts concerning your use of the Services and Products, and, unless otherwise stated in writing, supersede any prior agreements between you and CloudGifts with respect to the Services and Products. You also may be subject to additional terms and conditions that may apply when you use, give, receive, or purchase certain other CloudGifts Services or Products, affiliate services, third party products, third party content, or third party software.

Any errors and/or ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

CloudGifts is located in the United States and our Services are subject to U.S. laws, regulations, and rules. We make no representations or warranties that the Services are available for use in or suitable for other locations, even if accessible from other locations. If you choose to use or access the Services from locations outside the United States, you are responsible for compliance with all applicable laws, regulations, and rules and you do so at your own risk. The laws of the State of California, excluding its conflicts of law rules, govern your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in El Dorado County, California, or, if not available in that county, then the nearest applicable court within California, and you unconditionally and irrevocably agree and submit to the exclusive jurisdiction of the courts located in El Dorado County, California, or, if not available in that county, then the nearest applicable court within California. In the event of a conflict with this section and the arbitration section, the arbitration section shall govern as to the conflicting terms.

SECTION TITLES

The section titles in the Terms are for convenience only and have no legal or contractual effect.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

CloudGifts reserves the right, at our sole discretion and without prior notice, to update, change or replace any part of these Terms of Service at any time and from time to time by posting updates and changes to our website. Any updates will be effective immediately.  It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or any Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  If you do not agree to any revised Terms, you must stop using the Services.

CONTACT AND NOTIFICATION

You agree that notification, in writing, delivered by postage prepaid certified mail to the following address: CloudGifts, Inc., c/o CloudGifts Legal, 2201 Francisco Dr. Suite 140-465, El Dorado Hills‎, California‎ 95762, United States of America is the only way to provide official, formal, legal notification to CloudGifts and no other form will be considered an official notification for legal purposes. CloudGifts may provide official, formal, legal notification to you by mail or email, at the most recent contact information you provided to CloudGifts. You will be considered to have been given official, formal, and legal notification for legal purposes when CloudGifts sends mail or an email to your most recently provided contact information whether or not the communication was actually received.