Copyright, Disclaimer, and Community Standards

Welcome to www.800giftcertificate.com. To insure a safe, non-offensive environment for all of our users, we have established our Community Standards. It spells out what you can expect from us and what we expect from you.

User acknowledges that he or she may provide information regarding his or her tastes, ratings, and preferences and hereby specifically authorizes www.800giftcertificate.com, 1 800 GIFT CERTIFICATE LLC, and their affiliates to use such information in connection with any online or offline offering or any electronic mail offerings directed to User, and that www.800giftcertificate.com, 1 800 GIFT CERTIFICATE LLC, and their affiliates may use User's email in connection with any such offering or campaign.

All references to www.800giftcertificate.com shall, where appropriate, be deemed references to 1 800 GIFT CERTIFICATE LLC. www.800giftcertificate.com is owned and operated by 1 800 GIFT CERTIFICATE LLC. By accessing any areas of www.800giftcertificate.com, users ("Users") agree to be legally bound and to abide by the terms set forth below.

I. TRADEMARKS

1 800 GIFT CERTIFICATE is a Registered Trademark of 1 800 GIFT CERTIFICATE LLC. All rights reserved. www.800giftcertificate.com, RemindMeMailSM, Gift Certificate AwardSM, 1 800 GIFT CERTIFICATE ValentineSM, "the perfect gift every timeSM", and "Everyone gets what they wantSM", Performance PointsSM, Points ExpressSM, and "choice is the best rewardSM" are all service marks of www.800giftcertificate.com. All rights reserved. All other trademarks, product names, and company names and logos appearing on www.800giftcertificate.com are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of www.800giftcertificate.com is at User's sole risk. Neither www.800giftcertificate.com, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensers ("Licensers"), or the like, warrant that www.800giftcertificate.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of www.800giftcertificate.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through www.800giftcertificate.com.

www.800giftcertificate.com is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by www.800giftcertificate.com nor its affiliates, nor any of its officers, directors, employees, agents, Providers, Merchants, Sponsors, Licensers, or the like, shall create a warranty; nor shall User rely on any such information or advice.

Under no circumstances shall www.800giftcertificate.com or any other party involved in creating, producing, or distributing www.800giftcertificate.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use www.800giftcertificate.com, including but not limited to reliance by a User on any information obtained from www.800giftcertificate.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to www.800giftcertificate.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through www.800giftcertificate.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT

  1. PROPRIETARY RIGHTS

    2. User acknowledges that www.800giftcertificate.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and www.800giftcertificate.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

  2. DISTRIBUTION/UPLOADING OF THIRD PARTY CONTENT

Except as set forth in Section III a. above, User may upload to or otherwise distribute on www.800giftcertificate.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the owner has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User, not www.800giftcertificate.com, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted www.800giftcertificate.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on www.800giftcertificate.com retains any and all rights which may exist in such Content.

c. THIRD PARTY CONTENT

Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensers, or any other User of www.800giftcertificate.com, are those of the respective distributors and not of www.800giftcertificate.com or its affiliates or any of its officers, directors, employees, or agents. Neither www.800giftcertificate.com nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any Provider, Merchant, Sponsor, Licenser, or any other User of www.800giftcertificate.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.

In many instances, the Content available through www.800giftcertificate.com represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licenser, or User not under contract with www.800giftcertificate.com. www.800giftcertificate.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.800giftcertificate.com by anyone other than authorized www.800giftcertificate.com employees. Under no circumstances shall www.800giftcertificate.com, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a User's reliance on information obtained through www.800giftcertificate.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through www.800giftcertificate.com.

d. EXPORT

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from www.800giftcertificate.com to either a foreign national or a foreign destination in violation of such laws.

IV. www.800giftcertificate.com's RIGHTS

www.800giftcertificate.com may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate www.800giftcertificate.com; or (iii) to protect the rights or property of www.800giftcertificate.com, its Users, Sponsors, Providers, Licensers, or Merchants.

www.800giftcertificate.com is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, www.800giftcertificate.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.800giftcertificate.com.

www.800giftcertificate.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, www.800giftcertificate.com, the communities that make up www.800giftcertificate.com, or any rights of www.800giftcertificate.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither www.800giftcertificate.com nor its Providers, Merchants, Sponsors, or Licensers can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither www.800giftcertificate.com, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licenser shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.800giftcertificate.com.

V. ONLINE CONDUCT

Any conduct by a User that in www.800giftcertificate.com's sole discretion restricts or inhibits any other User from using or enjoying www.800giftcertificate.com will not be permitted. User agrees to use www.800giftcertificate.com only for lawful purposes. User is prohibited from posting on or transmitting through www.800giftcertificate.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

VI. PUBLIC AND PRIVATE COMMUNICATIONS

www.800giftcertificate.com may offer Users the capability to communicate electronically in message boards or chat areas accessible to registered Users. www.800giftcertificate.com will not screen public communication in advance. www.800giftcertificate.com is not responsible for submissions or responses during live events.<br>

www.800giftcertificate.com reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law.

VII. PRIVACY POLICY

It is www.800giftcertificate.com's policy to respect the privacy of its Users and of personal electronic communication. Currently, www.800giftcertificate.com will not share a User's email address or other specific personal information (e.g. name, address, age) for marketing purposes without such User's consent. In the future, www.800giftcertificate.com intends to implement an "opt out" policy, permitting Users to notify www.800giftcertificate.com of their preference not to have their email addresses or any other personal information shared with any other parties for any purpose. When such policy is in effect, if a User does not choose to "opt out," such User's information may be shared with other parties for marketing purposes.

Users' profile information (e.g. age, gender) may be used to create personalized content, services, and advertising on or related to www.800giftcertificate.com. www.800giftcertificate.com may also use Users' profile information to create aggregate reports. Such profile information is anonymous and does not contain any personally identifiable information.

www.800giftcertificate.com reserves the right to cooperate fully with state, local, and federal officials in any investigation relating to any Content (including personal or private electronic communication transmitted on www.800giftcertificate.com) or purported unlawful activities of any User.

VIII. TERMINATION OF USAGE

www.800giftcertificate.com may terminate User access, or suspend any User's access to all or part of www.800giftcertificate.com, without notice, for any conduct that www.800giftcertificate.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or www.800giftcertificate.com.

IX. MISCELLANEOUS

Users may not use www.800giftcertificate.com to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas that are designated for such a purpose.

ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and www.800giftcertificate.com regarding your relationship with www.800giftcertificate.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE COMMUNITY STANDARDS by using the www.800giftcertificate.com web site.

The aforementioned Community Standards are subject to change.