This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: July 23, 2016
Terms of Service
This Terms of Service (“TOS”) is My Gift IQ’s terms of service that governs our relationship with users and others who interact with My Gift IQ, as well as My Gift IQ brands, products and services (“Services”). By using or accessing the My Gift IQ Services, you agree to this TOS, which may be updated in the future.
Because My Gift IQ provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this TOS, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Sharing Your Content and Information
You own all of the content and information you post on My Gift IQ, and you can control how it is shared through your settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with My Gift IQ (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information, it means that you are allowing everyone to access and use that information, and to associate it with you.
We always appreciate your feedback or other suggestions about My Gift IQ, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep My Gift IQ safe, but we cannot guarantee it. We need your help to keep My Gift IQ safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on My Gift IQ.
You will not collect users’ content or information, or otherwise access My Gift IQ, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on My Gift IQ.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use My Gift IQ to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of My Gift IQ, such as a denial of service attack or interference with page rendering or other My Gift IQ functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
My Gift IQ users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on My Gift IQ, or create an account for anyone other than yourself or your dependent children without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on My Gift IQ that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information you post on My Gift IQ if we believe that it violates this Statement or our policies.
If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, without our prior written permission.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on My Gift IQ within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on My Gift IQ.
About Advertisements and Other Commercial Content Served or Enhanced by My Gift IQ
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this TOS, you will be notified. Your continued use of My Gift IQ, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of My Gift IQ to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this TOS or My Gift IQ exclusively in the Bartow County court. The laws of the state of Georgia will govern this TOS, as well as any claims.
If anyone brings a claim against us related to your actions, content or information on My Gift IQ, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on My Gift IQ and are not responsible for the content or information users transmit or share on My Gift IQ. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on My Gift IQ. We are not responsible for the conduct, whether online or offline, of any user of My Gift IQ.
We try to keep My Gift IQ up, bug-free and safe, but you use it at your own risk. We are providing My Gift IQ as is without any express or implied warranties or merchantability, fitness for a particular purpose., and non-infringement. We do not guarantee that My Gift IQ will always be safe, secure or error-free or that My Gift IQ will always function without disruptions, delays, or imperfections. My Gift iQ is not responsible for the actions, content, information or data of third parties and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, arising out of in any way connected with any claim you have against any such third parties.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with My Gift IQ outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on My Gift IQ (such as advertising or payments) or operate a Platform application or website. You will not use My Gift IQ if you are prohibited from receiving products, services, or software originating from the United States.
By “My Gift IQ” we mean the features and services we make available, including through our website at www.mygiftiq.com and any other My Gift IQ branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); social plugins and other similar offerings; and other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. My Gift IQ reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this TOS.
By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from My Gift IQ or provide data to us.
By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with My Gift IQ.
By “content” we mean anything you or other users post, provide or share using My Gift IQ.
By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from My Gift IQ or provide to My Gift IQ through Platform.
By “post” we mean post on My Gift IQ or otherwise make available by using My Gift IQ.
By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and My Gift IQ, Inc.
This Statement makes up the entire agreement between the parties regarding My Gift IQ, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made public by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing My Gift IQ.