Terms of Service

Effective Date: December 8, 2018

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.giftjoy.us website and the GiftJoy Alexa application (hereinafter referred to as the "Service") operated by GiftJoy, a DBA of 110 Ventures LLC ("us", "we", or "our").

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Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

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By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

As stated in the Service Providers section herewith, by using our Service, you are also agreeing to the terms and privacy policies of third-parties, including Amazon Digital Services LLC (with its affiliates, “Amazon”) and Jifiti.com, Inc.

 

Privacy Policy

By using our Service, you agree to our Privacy Policy.

 

Service Providers

We involve or employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.  These include but are not limited to:

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Amazon Digital Services LLC

A portion of our Service is conducted on Amazon’s echo devices via Alexa. As such, by using our Service, you are agreeing to the Amazon Digital Services LLC (with its affiliates, “Amazon”) Alexa Terms of Use and the Amazon.com Privacy Notice. 

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Jifiti.com, Inc.

Our eGift card fulfillment partner is Jifiti.com, Inc. (hereinafter referred to as “Jifiti”). Jifiti manages the following, but not limited to: the ordering process and transaction, the eGift card delivery and fulfillment, and transaction communications.  By using our Service and Alexa application, you are agreeing to Jifiti’s Terms and Privacy Policy.

 

Purchases

If you wish to make purchases through the Service ("Purchase"), which involve the aforementioned Service Providers, you grant us the right to provide information to them.  You may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your shipping information, and other gift ordering details.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply via the Service is true, correct and complete. 

 

You also represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.

 

You agree to accept responsibility for any and all purchases that occur under your account/device. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account/device.

 

We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of GiftJoy, a DBA of 110 Ventures LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GiftJoy, a DBA of 110 Ventures LLC.

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by GiftJoy, a DBA of 110 Ventures LLC.

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GiftJoy, a DBA of 110 Ventures LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

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You acknowledge and agree that GiftJoy, a DBA of 110 Ventures LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Termination

We may terminate or suspend your ability to access the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

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

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless GiftJoy, a DBA of 110 Ventures LLC and its licensee and licensors, and their employees, contractors, agents, affiliates, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account / device / password, or b) a breach of these Terms.

 

Limitation Of Liability

In no event shall GiftJoy, a DBA of 110 Ventures LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct, service or content of any third party of the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

GiftJoy, a DBA of 110 Ventures LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us.