Terms of Service
Last Updated: October 31, 2024
1. Acceptance of Terms
Welcome to Giftlyst. By accessing or using our website, mobile application, or services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and Giftlyst ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.
2. Description of Services
Giftlyst provides:
- Curated gift discovery and recommendation platform
- Gift list creation and sharing tools
- Secret Santa and White Elephant event planning and coordination
- Affiliate links to purchase products from third-party retailers (primarily Amazon)
- Blog content and gift guides
- Product search and filtering capabilities
3. User Accounts
3.1 Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password confidential
- Accept responsibility for all activities under your account
- Notify us immediately of unauthorized access
3.2 Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity. You may delete your account at any time through your account settings.
4. User Content and Conduct
4.1 Your Content
You retain ownership of content you create or submit ("User Content"), including gift lists, event details, and messages. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for providing and promoting our Services.
4.2 Prohibited Conduct
You agree not to:
- Violate any laws or regulations
- Infringe intellectual property rights
- Upload malicious code or viruses
- Harass, abuse, or harm other users
- Spam or send unsolicited communications
- Impersonate others or misrepresent your affiliation
- Scrape, crawl, or use automated means to access our Services
- Circumvent security features or access restrictions
- Use the Services for commercial purposes without authorization
- Manipulate or interfere with the functionality of the Services
5. Affiliate Relationships and Commissions
5.1 Amazon Associates Program
Giftlyst is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and affiliated sites.
5.2 No Guarantee of Availability or Pricing
We do not guarantee product availability, pricing, or descriptions. Prices and availability are subject to change without notice. All purchases are made directly with third-party retailers, subject to their terms and conditions.
5.3 No Warranty on Products
Giftlyst does not sell products directly. We provide links to third-party retailers. We make no warranties or representations about products listed on our platform. All product warranties, returns, and customer service are handled by the respective retailers.
6. Intellectual Property Rights
6.1 Our Content
All content, features, and functionality of the Services, including text, graphics, logos, icons, images, software, and design, are owned by Giftlyst or our licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. This license does not include the right to:
- Modify, copy, or create derivative works
- Sell, rent, or sublicense our content
- Reverse engineer or decompile our software
- Remove copyright or proprietary notices
6.3 Trademarks
"Giftlyst" and our logos are trademarks of Giftlyst. You may not use our trademarks without our prior written consent.
7. Privacy and Data Protection
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.
8. Third-Party Links and Services
Our Services may contain links to third-party websites, products, or services. We do not endorse, control, or assume responsibility for third-party content, products, services, privacy policies, or practices. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of third-party sites or services.
When you click on affiliate links or visit third-party sites, you are subject to their terms and conditions and privacy policies.
9. Disclaimers and Limitations of Liability
9.1 "As Is" Basis
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 No Guarantee of Accuracy
We do not guarantee the accuracy, completeness, or usefulness of any information on the Services. We do not warrant that the Services will be uninterrupted, secure, or error-free.
9.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTLYST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
10. Indemnification
You agree to indemnify, defend, and hold harmless Giftlyst, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorney fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
11. Dispute Resolution
11.1 Informal Resolution
If you have a dispute with us, please contact us first to attempt to resolve the issue informally.
11.2 Governing Law
These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
11.3 Arbitration
Any disputes arising from these Terms or the Services shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class actions.
12. Termination
We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy and other legal notices, constitute the entire agreement between you and Giftlyst.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
15. Contact Information
If you have questions about these Terms, please contact us at:
Email: support@giftlyst.pro
By using Giftlyst, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.