Last revised: December, 2017.
PLEASE READ THESE TERMS CAREFULLY. BY USING THIS APPLICATION, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION.
Capitalized terms that are defined in these Terms, such as “Application” or “User,” have the specific definitions given to them whenever they are used in these Terms.
Scope of Terms
Giftbomb, and not the Application Distributors, is solely responsible for the features, functionality, quality, and all other attributes of the Application.
These Terms will continue in force and effect for as long as you use the Application unless we inform you otherwise. We reserve the right to change these Terms at any time in our sole business discretion. We will make reasonable efforts to notify Users of changes to these Terms via the Application interface.
License and Use of the Application
Giftbomb grants you a limited, non-transferable right to download, install, and use the Application for personal, non-commercial purposes on a single mobile phone or other electronic device (“Mobile Device”) that you own and control. You may not use the Application on any Mobile Device that you do not own and control.
The Application is not intended for use by anyone under age 18. By registering to use the Application, you represent and warrant that you are age 18 or older. You may not use the Application if you are barred from doing so under the laws of the United States or other country, including the country or your permanent residence or from which you use the Application.
In using the application, you must accept certain usage restrictions. We intend these so that we can retain control over the Application and make it consistently available to all of our users.
You may not attempt to access or use the Application in any way other than through the standard interface. You may not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Application available to any third party. You may not use another software program or other technology to interoperate with, extract data or content from, or scrape or frame any data or content from the Application. You may not copy, modify, or create derivative works of Application, either on your own or through any third party. You may not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Application.
You may not interfere with or disrupt the use or performance of the Application by other users. Do not attempt to gain unauthorized access to any data stored in the Application.
You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices appearing on the Application or any documents or materials associated with the Application.
We reserve the right to terminate your access to and use of the Application immediately and without prior notice to you if you violate the foregoing restrictions on use or otherwise violate these Terms.
Updates and Changes
Giftbomb may develop and provide updates to the Application, including error corrections, updates, or new features and functionality (“Updates”). Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (1) the Application will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates.
You agree to promptly download and install all Updates and acknowledge and agree that the Application may not operate properly should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
We expect to review and evaluate the functionality of the Application periodically. We may provide Updates in our sole business discretion. Updates may add to, modify, or remove existing functionality or features of the Application. You agree that Giftbomb has no obligation to continue providing any particular features or functionality, or to provide any specific Updates.
You acknowledge and agree that the Application Distributors have no obligation whatsoever to furnish any Updates, maintenance, or support services for the Application.
Your User Account and Information
You must have a Giftbomb user account to use the Application (a “User Account”). You establish a User Account by completing the online registration process when first using and accessing the Application.
You are responsible for all use of your Application happening through your User Account. If you learn of any unauthorized use of your User Account, you should promptly contact Giftbomb.
You will be required to provide your first and last name, a mobile phone number, an email address, and certain other personal information to establish your User Account (the “Personal Information”). When you use the Application, we may also collect and use information stored on or provided by your Mobile Device, and we may use various tracking tools to analyze your use of the Application.
By establishing a User Account, you represent and warrant that: (1) 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 State Sponsor of Terrorism; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Gift Card Sales
Electronic or virtual gift cards you purchase with the Application (“Gift Cards”) are provided through participating third-party merchants, retailers and vendors (the “Merchants”). Each purchase of a Gift Card is governed by certain terms and conditions established by the issuing Merchant. There is no expiration date for such Gift Cards, but there may be restrictions and requirements, such as minimum and maximum limits on the initial value of a Gift Card . You should review and familiarize yourself with all applicable Merchant terms and conditions prior to purchasing any Gift Card. When you select a particular Merchant’s Gift Card for purchase but before you make the purchase, you will be able to access the applicable Merchant terms and conditions. If you have questions regarding the applicable Merchant terms and conditions, please contact the issuing Merchant.
Gift Card sales are final and non-refundable when completed via the Application. When you make a Gift Card purchase, Giftbomb will make reasonable efforts to notify your Gift Card recipient via SMS text or other means. The Gift Card will be redeemable and valid according to the Merchant’s terms when accepted by the recipient. Once the purchase is completed and the Gift Card is accepted, Gift Bomb will have no liability to the User related to the purchase.
As issuers of the Gift Cards, Merchants are fully responsible for all aspects of their Gift Card programs. Merchants are also responsible for any and all liabilities, damages, and costs suffered by you related to your purchase and the use of the Merchant’s Gift Card. While Giftbomb strives to work with reputable Merchants, Giftbomb has no liability for (1) the sale of products or services to you by a Merchant through the use of any Gift Card; and (2) any Merchant’s failure to honor a Gift Card. You will need to look solely to the Merchant for any remedy in connection with the foregoing issues.
Giftbomb does not represent or warrant that any Gift Card information provided is accurate, complete, reliable, current, or error-free.
Users are liable for all sales, use, and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable for the purchase of Gift Cards.
Giftbomb accepts various forms of payment, including credit and debit cards, bank account transfers (ACH) and may accept other forms such as PayPal, cryptocurrencies, Apple Pay, and such additional forms as Giftbomb periodically determines are appropriate. Unless otherwise indicated, the value of the Gift Card purchased will be billed to you in full upon purchase. By making the purchase, you acknowledge that you are authorized to use the designated credit or debit card or other payment method and you authorize us to charge your purchase order to that card or other payment method. When you provide your payment information, you authorize us and our payment processing contractors to process and store your payment and related information except as prohibited by applicable law or applicable payment network or industry rules, regulations or interpretations. In the event that the payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Processing fees may apply even if your order is suspended or cancelled. You are responsible for resolving any payment problems we encounter in processing your order.
Gift Recipient Information
To deliver a Gift Card using the Application, you must provide the name and mobile phone number (the “Recipient Information”). You hereby grant Giftbomb a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display Recipient Information solely for the purpose of providing the Application functionality to you.
Recipient Information Standards
You represent and warrant that you have the consent for the use of all Recipient Information you submit or store in the Application. Your Recipient Information does not and will not contain any content or material that is unlawful, threatening, harassing, profane, obscene, indecent, abusive, tortious, defamatory, libelous, deceptive, fraudulent, or that violates a person’s privacy or publicity rights.
Third-Party Service Providers
You acknowledge that Giftbomb may contract with third party development, application hosting, data storage or technology infrastructure services providers for purposes of providing the Application functionality (“Third-Party Service Providers”). Giftbomb will make reasonable commercial efforts to ensure that the Third-Party Service Providers abide by any applicable terms and conditions of this Agreement. Giftbomb is solely responsible for monitoring and supervising the work of the Third-Party Service Providers.
Intellectual Property Rights
Giftbomb retains all ownership and intellectual property rights to the Application that are not specifically granted to Users. We may use any technology, ideas, concepts, know-how, methods, and techniques related to the Application that we learn from Users unless we specifically agree otherwise. Nothing in these terms shall be construed to prevent us from developing, marketing, selling, or licensing products or services that may include the same or similar functionality to the Application.
You do not have any intellectual property rights in the Application or any content displayed by it or stored in it other than your Personal Information and your Recipient Information. You may not use any content from the Application belonging to another user unless you first obtain their permission or are otherwise permitted to do so by law.
Any content owned or provided by other users of the Application is the sole responsibility of such users. We may review user content in our discretion and remove or refuse to display it if we believe that doing so violates the law. Be aware: we do not actively review or monitor content submitted by users, so you view any content displayed by the Application at your own risk.
You acknowledge and agree that, in the event of any claim that your possession or use of Application infringe a third party’s intellectual property rights, Giftbomb, and not the Application Distributors, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms.
The Application may display, include, or make available third-party content, including data, information, applications, terms and conditions, and other products, services, and/or materials, or provide links to third-party applications, websites, or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Giftbomb is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Giftbomb does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Giftbomb.
You may terminate this Agreement by terminating or deleting your User Account. Giftbomb may terminate this Agreement at any time without notice in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination, (1) all rights granted to you under this Agreement will terminate; and (2) you must cease using and delete all copies of the Application from your Mobile Device.
Termination will not limit any of Giftbomb’s rights or remedies at law or in equity.
Feedback and Submissions
If you submit comments, ideas, or feedback to us about this Application, including how we can improve the Application (“Feedback”), you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related Feedback previously known to us, developed by Giftbomb, or obtained from sources other than you.
The Giftbomb name is a trademark of Giftbomb Inc. Apple and App Store are trademarks and service marks of Apple Inc. You may not use these trademarks or service marks without the prior written permission of Giftbomb or Apple Inc. All other names, logos, product and service names, designs and slogans used on or appearing in these Terms or the Application interface are the trademarks of their respective owners.
If you are a copyright owner and believe your copyrighted material has been used on or displayed by the Application in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written and email notices to:
Att’n: Copyright Officer
215 Tenth Ave. S, Unit 805
Minneapolis MN 55415
Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Application, (3) your contact information, including address, phone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.
Warranties and Disclaimers
You understand and agree that these Terms create a legally binding contract governing your use of the Application. You warrant that your use of the Application will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE AT YOUR OWN RISK. WE PROVIDE THE APPLICATION TO OUR USERS “AS IS” AND “AS AVAILABLE.” GIFTBOMB AND THE APPLICATION DISTRIBUTORS MAKE NO WARRANTIES AS TO THE FEATURES, FUNCTIONALITY, QUALITY, OR ANY OTHER ATTRIBUTES OF THE APPLICATION. GIFTBOMB AND THE APPLICATION DISTRIBUTORS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, SECURITY, RELIABILITY, ACCURACY, AVAILABILITY OR QUALITY OF THE APPLICATION, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, GIFTBOMB AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, AND DIRECTORS WILL HAVE NO FINANCIAL LIABILITY TO USERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE APPLICATION PURSUANT TO THESE TERMS.
TO THE FULLEST EXTENT ALLOWED BY LAW, GIFTBOMB AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY USE OF THE APPLICATION, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
IN ALL CASES, GIFTBOMB, ITS THIRD-PARTY SERVICE PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
GIFTBOMB WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR HARMFUL TECHNOLOGY OR MATERIAL THAT MAY INFECT OR CORRUPT YOUR PERSONAL INFORMATION, RECIPIENT INFORMATION, MOBILE PHONE OR OTHER ELECTRONIC DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION.
You agree to defend, indemnify and hold harmless Giftbomb, and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable legal fees, arising out of or relating to your violation of these Terms, your use of the Application, including, but not limited to, use of the Recipient Information, and your use of any other content, materials, or services other than as expressly authorized in these Terms.
The Application Distributors are third-party beneficiaries of these Terms.
All notices you provide to us concerning these Terms must be delivered in person or by means evidenced by a delivery receipt to our principal business office and addressed to the attention of the Giftbomb Inc. Chief Executive Officer.
These Terms are governed by the laws of the State of Minnesota and applicable U.S. federal law. All legal actions to enforce or interpret these Terms shall be commenced exclusively in the state or federal courts located in Hennepin County, Minnesota, and you consent to the exclusive jurisdiction and venue of such courts.
You may not assign or otherwise transfer your rights under these Terms without our prior written consent, which consent may be withheld for any reason in our sole discretion. We may freely assign our rights and obligations under these Terms to any third party as we determine in our sole business discretion.
This Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.
Any waiver or failure by Giftbomb to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
These Terms state our entire agreement with you concerning the downloading, installation, access, and use of the Application.