To note, our site may include links to other web sites whose privacy practices may differ from those of gifteepix. Because the use of your information is governed by their privacy policies, we encourage you to read each policy carefully. We are not responsible for the policies or practices of any third party website or service.
Information We Collect
Information You Provide to Us. “Personal Information” means information that alone or in combination with other information may be used to readily identify, contact, or locate you. The Personal Information we collect will be different depending on your activities on the gifteepix Service. For example, to register as a seller on our service, we will collect your name and email address. If you register using a sign-in service or a social media platform such as Facebook, we will collect the information needed to authenticate your account and any other information the platform provides in that process. If you launch a successful campaign, we may collect additional Personal Information as needed to send you and the applicable tax authorities an income tax reporting statement. If you make a purchase through the gifteepix Service, we will collect your name, email address, shipping address and payment information such as credit card number and billing address.
We may also collect Personal Information you provide about other people, such as their name and physical address (for example, when we ship a gift at your request). This Personal Information is used for the sole purpose of completing your request.
gifteepix Tools. “Performance Information” means information we collect through certain tools that we provide to our sellers. Where a seller requests the use of a particular tool (e.g. an advertising analytics tool for use with ad platforms), then gifteepix will collect additional data based on the operation of that tool (e.g. advertising conversion information from the applicable ad platform).
Blog. The gifteepix Service may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Single Sign-On. You can log into the gifteepix Service using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on the gifteepix Service to your profile page to share with others within your network.
How We Use Your Information
In general, we use Personal Information to provide the gifteepix Service to you, including, to establish and administer your account, to fulfill your order and send you an order confirmation, to pay you any royalties earned and to respond to customer service requests.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at email@example.com. You may not opt-out of the transactional emails gifteepix sends in connection with your use of the gifteepix Service (e.g. email notification of individual account activity, such as shipment of an order, or broader account notifications such as changes to gifteepix’s policies).
We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here.
We use Performance Information to analyze and better understand the characteristics of successful offerings and campaigns and to improve the performance of our sellers and the overall gifteepix Service.
gifteepix does not collect Personal Information about your online activities over time, across different web sites. Accordingly, gifteepix does not currently respond to “do not track” browser requests.
We will share information we collect, including your Personal Information, as needed to provide the gifteepix Service to you. We will also share your Personal Information with your permission. Otherwise, we do not rent, sell or share your Personal Information with third parties and specifically will not share your Personal Information for their direct marketing purposes without your consent.
Sellers. We may share aggregate, anonymized Site Information, Performance Information or other information with our sellers to help them improve their performance through the gifteepix Services. We will not share Personal Information with our sellers without your express consent.
Strategic Partners. We may share aggregate, anonymized data with certain marketing and content licensing partners. Where a partner or agency compensates sellers directly, we will also share performance data with the partner to enable those payments.
Vendors and Service Providers. To provide you with the gifteepix Service, we share information, including Personal Information, with third party vendors and service providers. For example, we provide Personal Information to companies that help us with our business activities, such as marketing, payment processing and fulfillment. We will use reasonable efforts to ensure those companies use your Personal Information only as necessary.
As Required by Law and Similar Disclosures. In certain situations, gifteepix may be required to disclose personal data in response to lawful requests by public authorities, including meeting law enforcement requirements. We may access, preserve, and disclose your Personal Information and content if we believe doing so is required or appropriate to comply with law enforcement requests, such as a court order or subpoena, bankruptcy proceedings, or similar legal process or when we believe in good faith that disclosure is necessary to protect our rights or the rights of others. Specifically, we may disclose your information to a complainant who alleges that your activities have violated their rights or policies (e.g. where your campaign or advertisement is the subject of an investigation). We may also disclose your information where you have alleged violation of your rights by another party.
Merger, Sale or Other Asset Transfers. If gifteepix is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.
We may also disclose your personal information to any other third party with your prior consent.
Manage Your Information
Upon request gifteepix will provide you with information about whether we hold any of your personal information. If you would like to update or modify any Personal Information you have provided to us, you can do so in the account settings tab of your dashboard or by contacting us. For your protection, we will require some proof of your identity to obtain any Personal Information hosted on our site. Additionally, you may deactivate your account by contacting us. At your request, we will remove your Personal Information, provided we have no outstanding business or other obligation requiring such information. We will respond to your request within a reasonable timeframe.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age without parental consent, and no part of the gifteepix Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at firstname.lastname@example.org.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The security of your Personal Information is important to us and we take reasonable steps to ensure that it is treated accordingly. However, we cannot ensure the security of any information provided to us. We do not accept liability for unintentional disclosure.
You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the gifteepix Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the gifteepix Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (ie, to withdraw your consent from receiving electronic notice), please notify us at email@example.com. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
European General Data Protection Regulation 2016
How You Can View, Change, or Remove Information. To view or change your information, please see Manage Your Information section above. If you want to stop using your account, you may deactivate it by emailing us at email@example.com.
Information On The Use and Processing Of Your Data and The Lawful Bases.
Purpose/Activity Type Of Data Lawful Basis For Processing, including basis of legitimate interest
To register you as a new seller or buyer (a) Identity
(b) Contact Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications (a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey (a) Identity
(d) Marketing and Communications (a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw or competition (a) Identity
(e) Marketing and Communications (a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(e) Marketing and Communications
(f) Technical Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(e) Profile Necessary for our legitimate interests (to develop our products/services and grow our business)
What You Can Expect From Us. We will always comply with the standards, procedures, and requirements of EU data protection laws to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully. In order to process your order and deliver your purchases to you, we may have to pass your information to some of our service providers. This includes the companies who handle our order dispatch service and our delivery company. We will only provide these companies with the information which they need to carry out their jobs. They will only be allowed to use your information in the way in which we tell them, and they will not be entitled to use it in their own right. We may on occasion notify you by email about changes to our terms and conditions, or other important changes to our website or our service. In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. We may disclose your address and postcode details to check against any other Fraud Prevention Scheme. If you believe your details are incorrect you may correct those details by following the procedure below. We will not pass your information to any third parties except where required to do so as a part of the sale, disposal or transfer of our business, in whole or in part.
International Transfers. If we are required to transfer your personal data out of the EEA, we will ensure adequate of protection and security by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Your Legal Rights. Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:
Rights What This Means
Access personal data Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Correct personal data Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Erase personal data Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of personal data Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Restrict processing of personal data Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Transfer personal data Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Information for California Residents – California Consumers’ Rights and Choices
If you are a California resident, California law permits you to request Information regarding the:
Categories of Personal Information (as defined by applicable California law) collected, sold or disclosed by us;
Purposes for which categories of Personal Information collected by us are used;
Sources of information from which we collect Personal Information; and
Specific pieces of Personal Information we have collected about you.
In addition, if you are a California resident you may:
Opt-out of the sale or disclosure of your Personal Information, in some circumstances;
Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the Services;
Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information; and
Request deletion of your Personal Information by us and our service providers, in some circumstances.
Please be aware that we do not accept or process requests through other means (e.g., via fax, social media, email addresses, etc.).
When you make a request, we may ask you to provide verifying information, such as your name, email, or phone number. We will review the information provided and may request additional information via email or other means to ensure we are interacting with the correct individual. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request.
Children. Our Services are not directed to children, and we do not knowingly collect Personal Information from children under the age of 16. If you learn that a child has provided us with Personal Information, then you may contact us as indicated above.
Do Not Track. gifteepix, Inc. does not currently take steps to respond to browsers’ “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.
3D Printwear LTD
Updated on January 1, 2020
Terms & Conditions
gifteepix Terms of Service
Welcome to gifteepix!
gifteepix’s service (the “gifteepix Service”) is located at gifteepix.com and is operated by gifteepix, Inc. and its subsidiaries (collectively, “gifteepix”). The gifteepix Service provides sellers with the ability to create and sell custom merchandise and apparel and buyers with the ability to find high-quality, unique products.
Use of the gifteepix Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify gifteepix of any unauthorized use of your password or account or any other breach of security. gifteepix reserves the right to terminate accounts and/or campaigns that are inactive for six (6) months or more.
Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by following the process outlined in gifteepix’s Training Center.
Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other gifteepix policies, or otherwise use the service in an excessive or unreasonable way, gifteepix may, in its sole discretion, cancel your campaigns, suspend your use of gifteepix tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
Please remember that gifteepix has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. gifteepix also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. gifteepix does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the gifteepix Service. gifteepix enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the gifteepix Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the gifteepix Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the gifteepix Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by gifteepix in connection with your use of the gifteepix Service. gifteepix may establish general practices and limits concerning use of the gifteepix Service. gifteepix reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Sellers: Creation and Implementation of gifteepix Campaigns
The gifteepix Service allows sellers to create campaigns and sell custom merchandise and apparel through those campaigns. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign in our discretion. For additional information about the gifteepix Service, please refer to gifteepix’s Frequently Asked Questions portal.
Your Right to Conduct a Campaign: By creating a campaign through the gifteepix Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide gifteepix with evidence of your Campaign Rights upon request.
gifteepix does not claim any ownership rights in the content you upload to the gifteepix Service. Please be sure you maintain copies of all of your work. gifteepix has no responsibility or liability for the deletion or failure to store any content or information uploaded to the gifteepix Service.
gifteepix retains all ownership rights in any designs created by gifteepix designers and may not be used by you, other than in connection with your campaigns on the gifteepix Service, without gifteepix’s express written consent.
For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the gifteepix Service in any medium gifteepix chooses, you hereby grant gifteepix a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the gifteepix Service (including all related images, text, content and information).
Acceptable Use; Indemnity: Your use of the gifteepix Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that gifteepix has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on gifteepix’s internal policies (for example, gifteepix may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or gifteepix may apply such funds to any judgment or settlement, and/or the reimbursement of gifteepix’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with gifteepix in such activities. Without limiting the foregoing, you also agree to indemnify and hold gifteepix harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
Quality of Artwork and Promotions: Each campaign must meet reasonable production standards (e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the gifteepix Service, must be accurate and correct and must not include any content concerning non-gifteepix activities, events, products, services or promotions.
Proceeds from Campaign: If you create a campaign through the gifteepix Service, you will be given a “base price” from gifteepix for each product. You will also have the opportunity to set the sale price for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the gifteepix Service. Prior to receiving your payout, you may be required to provide additional information to gifteepix as needed by gifteepix to comply with its reporting obligations.
Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though gifteepix receives notice of the dispute, gifteepix is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, gifteepix may withhold payouts until the dispute is resolved, in gifteepix’s sole discretion.
Charities/Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
gifteepix Right to Lower Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that gifteepix may, in its sole discretion, begin to fulfill orders before your sales goal is met.
Intellectual Property Complaints
Infringement Claims Between gifteepix Users, Waiver of Claims: As a condition of using the gifteepix Service, you agree to submit any and all infringement claims against gifteepix users (so called “Copycat Claims”) pursuant to gifteepix’s existing policies and procedures governing such claims. You further agree, as a condition of using the gifteepix Service, to waive any and all claims against gifteepix arising from alleged infringement by you or another gifteepix user. In addition, you understand that gifteepix may release your contact information to any gifteepix User that satisfactorily alleges a violation of its rights under this section.
Infringement Claims by Third Parties: gifteepix takes any allegations of infringement seriously. If gifteepix receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that gifteepix may terminate or delay your campaign, in its sole discretion. In addition, you understand that gifteepix may release your contact information to any third party that satisfactorily alleges a violation of its rights.
gifteepix will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a gifteepix user has infringed upon your rights, please notify gifteepix through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
The URL to the gifteepix campaign(s) used in connection with the sale of the allegedly infringing merchandise;
Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
Your full name, address, telephone number(s) and email address(es);
A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy: gifteepix has adopted a policy of terminating, in appropriate circumstances and at gifteepix’s sole discretion, users who are deemed to be repeat infringers. gifteepix may also at its sole discretion limit access to the gifteepix Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Buyers: Purchasing of Merchandise
Payment: If you purchase any merchandise through the gifteepix Service, you will be required to provide gifteepix information regarding your credit card or other payment instrument. You represent and warrant to gifteepix that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.
Waiver: Your purchase of an item using the gifteepix Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.
gifteepix’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the gifteepix Service for the purpose of engaging in business transactions with gifteepix. You may not use any automated technology to scrape, mine or gather any information from the gifteepix Service or otherwise access the pages of the gifteepix Service for any unauthorized purpose. If you are blocked by gifteepix from accessing the gifteepix Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the gifteepix Service or distributed in connection therewith are the property of gifteepix, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The gifteepix Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by gifteepix, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the gifteepix Service or the Service Content, in whole or in part. Any use of the gifteepix Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by gifteepix.
The gifteepix name and logos are trademarks and service marks of gifteepix (collectively the “gifteepix Trademarks”). Other company, product and service names and logos used and displayed via the gifteepix Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to gifteepix. Nothing in these Terms of Service or the gifteepix Service should be construed as granting any license or right to use any of gifteepix Trademarks displayed on the gifteepix Service, without our prior written permission in each instance. All goodwill generated from the use of gifteepix Trademarks will inure to gifteepix’s exclusive benefit.
Third Party Material: Under no circumstances will gifteepix be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
gifteepix may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of gifteepix, its users or the public.
Third Party Websites
The gifteepix Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. gifteepix has no control over such sites and resources and gifteepix is not responsible for and does not endorse such sites and resources. gifteepix will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the gifteepix Service are between you and the third party, and you agree that gifteepix is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE gifteepix SERVICE IS AT YOUR SOLE RISK. THE gifteepix SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, gifteepix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
gifteepix WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF gifteepix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL gifteepix’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID gifteepix OR gifteepix HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
gifteepix, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the gifteepix Service and remove and discard any content within the gifteepix Service, for any reason. Further, you agree that gifteepix will not be liable to you or any third party for any termination of your access to the gifteepix Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit gifteepix in any way and will not attempt to do so or imply that you have the right to do so.
For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and gifteepix agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution. We are not required to comply with any alternative dispute resolution under this platform.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and gifteepix agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and gifteepix and govern your use of the gifteepix Service, superseding any prior agreements between you and gifteepix with respect to the gifteepix Service. The failure of gifteepix to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of gifteepix, but gifteepix may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. gifteepix may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the gifteepix Service.