Updated February 29, 2016
Welcome to Giftster® (“Service”). Giftster allows you create wish lists and gift preference profiles, form sharing groups, and share gifting related information in a private social network or publicly via a shared list link or member search.
In order to access some of the features of the Site, you will have to create an account (“Account”). During the registration process, you will be required to provide certain information. You represent and warrant to MyGiftster that all information you submit when you create your Account is accurate and complete. If MyGiftster has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, MyGiftster reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
You are solely responsible for your account and the activity that occurs while signed in to or while using your account, whether authorized by you or not. You must keep your Account information secure, including without limitation your user number/login and password. You must notify MyGiftster immediately of any breach of security or unauthorized use of your Account. MyGiftster is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your number/login, password or account.
You must be at least 13 years old to register for and use the Service. To comply with the Children's Online Privacy Protection Act (COPPA), children under 13 years of age should not open their own accounts on this service. Wish lists for children under 13 years of age may be maintained by a parent or other adult in their own account in the "child account" section, or an account they open and maintain on behalf of the child under 13 years old.
Further, under no circumstances may you:
You acknowledge that any violations of the provisions of this Section are subject to injunctive relief and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all related attorney fees, and legal costs.
The Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site, including its legality, reliability, and appropriateness.
User Content License
By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to MyGiftster, along with it assigns and licensees, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You agree that this license includes the right for us to make your User Content available to other users of the Site.
Monitoring of User Content; Account Termination
MyGiftster may remove any User Content at any time, with or without cause, with or without notice. Additionally, Company reserves the right to disable access to the Site, or terminate or suspend a Member’s Account, at any time, with or without cause, with or without notice. If MyGiftster terminates or suspends your Account for any reason you will not create another Account or otherwise attempt to access your Account without first receiving MyGiftster’s express written permission to do so.
As part of the Site, MyGiftster may provide you with a convenient way to add and follow links to third party website(s) as well as post content or items belonging to or originating from third parties (Collectively known as, “Third Party Sites”).
MyGiftster is not responsible for any Third Party Sites and has no control over Third Party Sites or the promotions, materials, information, goods or services available on such sites. Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by MyGiftster, and their inclusion on the Site does not imply approval or endorsement by MyGiftster. Links to Third Party Sites are provided “as is” and are subject to change or removal at any time.
If you decide to leave the Site and access Third Party Sites you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
MyGiftster takes no responsibility and assumes no liability for any User Content or Third Party Sites that you or any other user or third party posts to or accessed from the Site. Under no circumstances will MyGiftster be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted to or linked from the Site.
Monetization of Web Links
Some links from Giftster to third party ecommerce sites are monetized by third party services. Giftster gets "credit" for its part in helping match the buyer with the right item from the right seller for the gift recipient. This monetization is automatic and transparent and does not affect the item price. This disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5
MyGiftster 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, amazon.co.uk, amazon.ca, amazon.it, amazon.de, amazon.fr.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
Company’s Intellectual Property
The Site and its original content (excluding User Content), features and functionality are and will remain the exclusive property of MyGiftster Corporation and its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from MyGiftster.
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 MyGiftster.
MyGiftster trademarks include:
GIFTSTER® (U.S. Reg. 4591060; WIPO ICN 1255121(designated EU, AU, NZ); and Canada App # 1713521 (Pending))
MyGiftster™, Give and get gifts that matter most™, The Lifetime Gift Registry™, Get Gifts Right. Every Time™ & Fetch™ are trademarks of MyGiftster Corporation.
Any other trademarks, service marks, logos, trade names, and any other proprietary designations contained on the Service are the sole property of their respective parties.
User Consent to Receive Communication in Electronic Format
MyGiftster may also use your email address to send you transactional emails which are core to the service such as group invites, reminder emails initiated by others, and password reset emails. MyGiftster may also send other messages, including information about MyGiftster and special offers from the company, its affiliates and partners. You may opt out of these messages by changing your account settings for birthday reminders, using the unsubscribe options at the bottom of the email, or sending an email to [email protected] or mail to the following postal address:
1518 Arden View Drive
Arden Hills, MN 55112 USA
Opting out may prevent you from receiving messages regarding MyGiftster feature updates or special offers from MyGiftster affiliates and partners.
THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MYGIFTSTER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYGIFTSTER MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYGIFTSTER, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MYGIFTSTER OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYGIFTSTER HAS 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. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or with a Third Party Site you accessed via our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Where notice to MyGiftster is required by any law or regulation, notice may only be addressed to:
1518 Arden View Drive
Arden Hills, MN 55112 USA
Communications made through any Site e-mail or messaging systems, will not constitute legal notice to MyGiftster or any of its officers, employees, agents or representatives in any situation.