Last Updated on April 24, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS MOBILE APPLICATION (the "Site" or "GiftBuster" or “Mobile Application). This Site at Mobile Application are fully controlled and operated by GiftBuster, ("GiftBuster", "we," or "us"). By accessing and using this Mobile Application, you are hereby agreeing to be legally bound by the terms and conditions of GiftBuster. This Mobile Application is available ONLY TO USERS OVER THIRTEEN YEARS OF AGE. By completing the registration process for this Mobile Application, you represent that you are over thirteen years of age, and can and will be legally bound by this Agreement. If you do not agree with all of the following terms and conditions of this Agreement, your only recourse is to immediately: (1) discontinue use of the Mobile Application; (2) terminate your registration; and (3) notify Giftbuster of termination
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreementat any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. Your continued use of the Mobile Application following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
GiftBuster provides its users services as described and provided on the Mobile Application(collectively, the "Services"). GiftBuster is a community service, containing descriptions, photos and links for gifts. Using the GiftBuster tools to create a personal list, users can add things,enter notes and photos about gifts they would like to receive from friends and family. Giftbuster lists are for reference purposes only and should not be used for any other purposes.
We have established a Privacy Policy to explain to users how their information is collected and used, which you can read on the website. Your use of the Services signifies acknowledgment of and agreement to GiftBuster’s Privacy Policy.
In this Agreement "you" or "user" refers to the person who registers to become a user of the Mobile Application. In consideration of your use of the Services, you represent that you are of legal capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GiftBuster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Giftbuster has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To obtain some specific Services, you will be required to designate a user ID and password, or use another site to provide these credentials to GiftBuster. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify GiftBuster of any unauthorized use of your ID or password or any other breach of security. GiftBuster cannot and will not be liable for any loss or damage arising from your failure to do so.
Without limitation, GiftBuster reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of GiftBuster.
Content stands for the information of saved products and wish lists which you created in a certain webpage (collectively the "Content"). As a Giftbuster account holder you may submit Content. Your Content may be exposed to Giftbuster’s other users without any information of your account or name. You retain all of your ownership rights in your Content (wish lists), but you are required to grant limited license rights to Giftbuster and other users of the Service.
You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it to various search engines such as Google, Bing and etc. Giftbuster does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Giftbuster expressly disclaims any and all liability in connection with Content.
ou represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Giftbuster to use your Content for the purposes of the provision of the Service by Giftbuster, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Giftbuster to use or possess in connection with the provision of the Service.
You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Giftbuster the license referred to in paragraph below.
On becoming aware of any potential violation of these Agreement, Giftbuster reserves the right(but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at it ssole discretion.
You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Giftbuster with respect to any such Content.
This Agreement applies to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes wish lists, text, data of wish lists, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
In order to use the Giftbuster, you must be 14 years of age or older, or have the permission of your parent or guardian. You may not use Giftbuster if your access to or use thereof violates any applicable law or regulation.
Giftbuster reserves the right to make changes to the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://www.thegiftbuster.com or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms
When you upload or post Content to Giftbuster, you grant:
The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph above.
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Giftbuster, and is subject to copyright, trade mark rights, and other intellectual property rights of Giftbuster or Giftbuster's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Giftbuster or, where applicable, Giftbuster's licensors. Giftbuster and its licensors reserve all rights not expressly granted in and to theirContent.
The Service may include hyperlinks to other online stores sites that are not owned or controlled by Giftbuster. Giftbuster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that Giftbuster is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Giftbuster is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Giftbuster encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
You may tap the save feature button(‘Add via Giftbuster”) and use it to archive products and wish lists that you are interested in third-party online stores. We will also show you the products that you have saved on Giftbuster with product names, prices, images, online stores name and its properties. Please note that we are not affiliated with such third-party online stores, nor do we endorse anything provided on them, including the products that you archived. While we make reasonable attempts to notify you of changes in prices with respect to the particular version of the product that you saved, we do not warrant that the prices that are included in our notification will be the actual price of the relevant product and/or that the relevant product will actually be available for sale. We only provide you with notifications and/or related information and are not responsible for the actions of such third-party online store and/or that such online store will respect any agreements entered and/or purchases made. We do not warrant that any product is safe, legal or appropriate. We expressly disclaim any and all liability in connection with the above.
Giftbuster and its licensors have expended substantial time, effort, and funds to create Giftbuster and its Services. All site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of Giftbuster and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Copyrights. All Content of this Mobile Application are either Copyright © 2020 Giftbuster, or are the proprietary property of Giftbuster’s suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without the express prior written consent of Giftbuster. Use of Giftbuster and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Giftbuster’s copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the Mobile Application; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GiftBuster’s Copyright Agent for notice of claims of copyright infringement on its site can bereached at info@giftbuster.app
Trademarks and Service Marks. The Giftbuster logo, are including without limitation, either trademarks, service marks or registered trademarks of Giftbuster and the products and services described or offered in this Mobile Application, are either the trademarks, service marks or registered trademarks of Giftbuster, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without GiftBuster's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Giftbuster, or Postings on this Mobile Application are non-confidential (subject to our Privacy Policy).
You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content on the Mobile Application. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Giftbuster provides Rules of Participation for certain activities on this Mobile Application including, without limitation, contests and sweepstakes offered by Giftbuster and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
GiftBuster DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Giftbuster is not responsible for typographical errors or omissions relating to pricing, text, or other materials, including the accuracy of maps that are displayed on the Mobile Application. Furthermore, while GiftBuster attempts to ensure your access and use of the site is safe, GiftBuster cannot and does not represent or warrant that this site or its server(s) are free of viruses or other harmful components.
GiftBuster may terminate your access to the Services with or without cause at any time and effective immediately, at GiftBuster’s sole discretion, including but not limited to your failure to conform with the terms and conditions of the Agreement. GiftBuster shall not be liable to you or any third party for termination of use of the Services. Upon termination, your right to use the Services shall cease immediately. Sections B, F-P shall survive termination of this Agreement.
THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." GIFTBUSTER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. USE OF GIFTBUSTER’S SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIFTBUSTER ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF GIFTBUSTER'S SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MOBILE APPLICATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GIFTBUSTER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by Giftbuster, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Giftbuster does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites.
Furthermore, Giftbuster is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Giftbuster nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Giftbuster will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend and hold harmless, Giftbuster, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. GiftBuster reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Giftbuster in asserting any available defenses.
Any controversy or claim arising out of or relating to this Agreement, Giftbuster or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Giftbuster may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or Giftbuster (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
If there is a dispute between participants on this site, or any third party, GiftBuster is under no obligation to become involved. In the event that User has a dispute with one or more members, user hereby releases GiftBuster, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. If any provision of the Agreement 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 the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GiftBuster the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and GiftBuster and governs your use of our Mobile Application, superseding any prior agreements between you and Giftbuster with respect to the use of our Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of GiftBuster to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.