Legal

GENERAL TERMS OF USE & LEGAL POLICY

PLEASE READ THESE GENERAL TERMS OF USE AND LEGAL POLICY CAREFULLY BEFORE USING THE GIFTCARDS.COM SITE AND/OR ITS AFFILIATED SITES, OMNICARD.COM, AND OMNIPREPAID.COM (COLLECTIVELY HEREINAFTER REFERRED TO AS THE “SITE”). BY VISITING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE AND LEGAL POLICY AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU, GIFTCARDS.COM, LLC AND ITS AFFILIATED SITES INCLUDING OMNICARD.COM, OMNIPREPAID.COM AND WRL.COM d/b/a OmniCard (COLLECTIVELY THE “COMPANY”). IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE AND LEGAL POLICY, PLEASE DO NOT USE THE SITE.

Welcome to GIFTCARDS.com

Please review the following terms and conditions that govern your use of Site. Please note that by completing the registration process and clicking the “I accept” button and/or by using the Site, you are agreeing to all of these terms, conditions and notices without modification and are agreeing to be legally bound by these terms. In addition to this General Terms of Use and Legal Policy, individuals and/or entities will be bound by the terms and conditions of any other contract or agreement with the Company.

Although you may “bookmark” a particular portion of this Site and thereby bypass this General Terms of Use and Legal Policy, your use of the Site still binds you to the terms, conditions and notices set forth in this General Terms of Use and Legal Policy. The Company reserves the right to revise these General Terms of Use and Legal Policy at any time; therefore, you should visit this page periodically to review the terms of your use. Your continued use of the Site following any such revision means you agree to abide by such revised General Terms of Use and Legal Policy.

Most communications between the Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the Site, we ask that you contact us via e-mail at help@wolfe.com.

Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the Site and the Contents are intended solely for personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or related software.

Except as otherwise agreed to by the Company, the Company offers you access to the Site and to the content available on the Site solely for your own personal and noncommercial use. You may not resell or make any commercial use of the Site or the content on the Site. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without the Company’s prior written consent. You may not use meta tags or any other “hidden text” utilizing the Company’s name, trademarks or service marks without the express written consent of the Company.

You may not use this Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the content contained on the Site, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.

ELIGIBILITY

Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Site. To register, you must provide your legal name, zip code, and email address. The Company may refuse access to or use of its services (such as, but not limited to, listings, chat, discussion boards, email, and bidding) to anyone at any time, in its sole discretion.

DISCLAIMER OF WARRANTIES

YOU ARE USING THIS SITE AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON THIS SITE “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE.

IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, FOR THE SERVICES PROVIDED ON THE SITE OR FOR OTHER INFORMATION PROVIDED TO YOU  ON THIS SITE.

Termination of Account

The Company may modify or discontinue your account or the services provided by the Company, with or without notice, and without liability, of any kind or nature, to you or any third party.

Prohibited Activities

The Site may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.

You agree that you will not transmit or disseminate: (i) advertising, chain letters, spam, junk mail or any other type of unsolicited emailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings; (ii) harassing, libelous, abusive, threatening, obscene or otherwise objectionable materials or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or (iii) viruses or other harmful, disruptive or destructive files. You may not alter headers of email messages to conceal the email address or prevent others from responding to the messages.

You agree that you will not use or attempt to use another person’s or entity’s account, service or system without authorization from the owner, nor will you interfere with the security of the Site, system resources or accounts or any network. You may not abuse systems, or make use of the Site in a way that disrupts the normal use of the Company’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.

Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted by the Company will be treated as if they originated from the referenced account, unless the Company knows, or has sufficient evidence to believe, that the message originated with some unrelated party.

You may not use the Site for any illegal or unlawful purpose. Further, transmission, storage or presentation of any information, data or materials in violation of any United States federal, state or municipal statute, rule or regulation is prohibited. This includes, but is not limited to, material which infringes a copyright, material that is threatening or obscene, material that is “adult only” content, or material which violates trade secret and other federal or state laws. Any violation of the terms and conditions set forth in these General Terms of Use and Legal Policy entitles the Company to immediately terminate your account without notice of any kind or nature.

VIOLATIONS of General terms of use and legal policy

The Company may deny you access to the Site, if in the Company’s sole discretion, you fail to comply with any terms or provisions of these General Terms of Use and Legal Policy. If the Company and/or its suppliers become aware of possible violations, they may, in their sole discretion, initiate an investigation, suspend or terminate the account, remove materials from its server, cancel account posts, issue a warning, or take other responsive action. You agree to respond in a timely manner to any complaints. The Company and its suppliers reserve the right to assess a charge of $500.00 per complaint plus legal fees, received by the Company or its suppliers and to recover damages for such complaints for any harm done to the system or service or for employee hours devoted to responding to complaints resulting from your violation of these Terms of Use. Nothing contained in these General Terms of Use and Legal Policy shall be construed to limit the actions the Company or its suppliers may take or remedies available to it in any way with respect to any prohibited activity or conduct. Certain violations of these General Terms of Use and Legal Policy may subject you to criminal and/or civil liability. Non-enforcement of any term of these General Terms of Use and Legal Policy does not constitute a waiver of such term, and the Company reserves the right to enforce such term at its sole discretion.

Account and Password

In order to access all the features and services of the Site, you need a valid user ID and corresponding password. Upon your online registration, you will be required to select a unique user ID and a new password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so online by clicking the “My Homepage” link. You are responsible for maintaining the confidentiality of your account password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your account.

VIRUSES

The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video or auction from the Site.

Public Postings in General

Except for your personal information which is maintained as private in accordance with our Privacy Policy, information posted to the Site is public. You are solely responsible for information which you post on the Site, including but not limited to any posting or listing in any public message area, any submission to any rating system, or through any e-mail feature. By agreeing to these General Terms of Use and Legal Policy, you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. You are responsible for your information and it must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; or (c) be obscene, indecent or contain pornography. We do not endorse any information posted by you and we are not liable for any information posted on the Site by you. We reserve the right to take any action with respect to information posted on the Site which we believe is appropriate, including but not limited to removal of such information or termination of your rights of use. However, we cannot, nor do we, control the information posted by other users. By its very nature, the information of others may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.

INDEMNIFICATION

You agree to defend, indemnify and hold the Company, its affiliates, officers, directors, members, managers, employees and agents harmless from and against any and all claims, actions, damages, costs, liabilities, losses and expenses, including attorneys’ fees, arising from or related to your use of the Site or any information you provide to the Company and for breach of this General Terms of Use and Legal Policy or any other policy or any agreement with the Company.

GOVERNING LAW, ARBITRATION AND JURISDICTION

You recognize that, although the internet can be accessed from anywhere in the world, the Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access this Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. These General Terms of Use and Legal Policy shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflict of law of any jurisdiction. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UNLESS SPECIFICALLY AGREED TO BY THE PARTIES. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE DETERMINED JOINTLY BY THE PARTIES WITHIN THIRTY (30) DAYS OF SUBMISSION OF A WRITTEN DEMAND FOR ARBITRATION BY ONE PARTY TO THE OTHER. IN THE EVENT THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, EACH PARTY SHALL SUBMIT THE NAME OF ONE (1) ARBITRATOR AND THOSE TWO (2) ARBITRATORS SHALL DECIDE UPON A THIRD ARBITRATOR WHO SHALL PRESIDE OVER THE DISPUTE. YOU FURTHER AGREE THAT ANY ARBITRATION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OF USE AND LEGAL POLICY OR THE SITE SHALL BE FILED ONLY IN ALLEGHENY COUNTY, PENNSYLVANIA, AND YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN ALLEGHENY COUNTY, PENNSYLVANIA AND WAIVE ANY OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR ITS OWN COSTS, INCLUDING ATTORNEYS FEES, ASSOCIATED WITH ARBITRATION.

Copyright, Trademarks and Patents

All content included on the Site is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the Site is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the Site are the property of the respective owners, including third party providers of products and services with links to and from the Site.

License for User Generated Content

By uploading your images and/or content (“User Generated Content”) to the Site, you grant the Company and its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed.

By uploading or sharing any User Generated Content with the Company, you represent and warrant that: (a) You are the original author or creator of the User Generated Content and/or have full copyright, title and interest in and to any User Generated Content, (b) You have the full power and authority to upload and/or share the User Generated Content on the Sites, (c) the use of any element of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, and (d) You will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

Digital Millennium Copyright Act NOTICES

The Company respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify us by sending mail to our designated agent:

NAME: Todd Anderson
ADDRESS: DMCA Designated Agent
495 Mansfield Avenue, Pittsburgh, PA 15205
EMAIL: todd.anderson@wolfe.com
PHONE: 877-746-6664

The notice must have the following information as provided by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

Entire Agreement, Severability

These General Terms of Use and Legal Policy constitute the entire agreement between the you and the Company with respect to your use of the Site and supersedes any other agreement, proposals and communications, written or oral, between the Company and you with respect to the subject matter hereof.  If a court should find that one or more rights or provisions contained herein are invalid, you agree that the remainder of the General Terms of Use and Legal Policy shall be enforceable.

Terms and Conditions Applicable to PicPaid Services (the “Services”)

*For all merchant cards, please refer to the merchant for their Terms and Conditions.

Any content provided to Giftcards.com in connection with the Services shall be hereinafter referred to as “User Generated Content.”

GiftCards.com requires a license to your User Generated Content so that it can host your images and other User Generated Content on its servers and otherwise perform the Services. By uploading your images and/or content (“User Generated Content”) to the Site, you grant the Company and its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed.  By uploading or sharing any User Generated Content with the Company, you further represent and warrant that: (a) You are the original author or creator of the User Generated Content and/or have full copyright, title and interest in and to any User Generated Content, (b) You have the full power and authority to upload and/or share the User Generated Content on the Sites, (c) the use of any element of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, and (d) You will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

Purpose and Description of Services

GiftCards.com provides you with the ability to host a variety of content, including but not limited to images for purposes electronic publishing and sharing of those pictures with other GiftCards.com customers. Any additions or modifications to the Services shall be in the sole discretion of GiftCards.com and will be subject to these General Terms of Use and Legal Policy. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. GiftCards.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of GiftCards.com. By using the Services, you agree that GiftCards.com shall not be liable to you for any modification, suspension or discontinuance of the Services or the loss of any User Generated Content.

GiftCards.com attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using GiftCards.com, you agree to not provide this type of content. Under no circumstances will GiftCards.com be liable in any way for any User Generated Content, including, but not limited to, the subject matter of any User Generated Content, any errors or omissions in any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via GiftCards.com. GiftCards.com has the right to syndicate your User Generated Content with third parties without your permission.

Compensation for Image Sales

GiftCards.com will pay to you a fee per image that is purchased by a customer of GiftCards.com, through the Services. The fees paid from GiftCards.com to you are based on the published fee schedule on the PicPaid Services section of GiftCards.com. This fee can change from time to time, at the sole discretion of GiftCards.com. In the circumstances where the fees change, you will be notified by email, and you have the option of removing your images from the PicPaid program if you do not agree with the amended posted fee schedule. You are paid by GiftCards.com for images purchased by consumers on a monthly basis. You must click on the ‘Pay Me’ option within your account when you want a check to be sent to you. If you do not click the Pay Me link, then GiftCards.com will mail checks to you after a minimum of $20.00 has accumulated in your account. Any funds due to you as part of the PicPaid Service will be forfeited if not claimed by you within one year of earning such funds.

Restrictions on the use of the Services

By using the Services you agree that you will not:

a. Use the Services for any illegal purpose;

b. Upload or otherwise transmit any User Generated Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. GiftCards.com does not control User Generated Content of users’ accounts and does not have any obligation to monitor such content for any purpose.  However, GiftCards.com may choose to monitor such User Generated Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;

c. Upload or otherwise transmit any User Generated Content that you do not have the lawful right to transmit (including any User Generated Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Generated Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Generated Content that would violate the right of privacy or publicity of any public or non-public persons;

d. Upload or otherwise transmit any User Generated Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, pyramid schemes”, or any other form of solicitation;

e. Upload or otherwise transmit any User Generated Content that includes code hidden or otherwise contained within the images of any content unrelated to the image files hidden within the file structure of the image;

f. Upload or otherwise transmit any User Generated Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of GiftCards.com. This includes, but not limited to, email spam and banner advertisements;

g. Use the Services in any way for the furtherance of a commercial enterprise;

h. Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your GiftCards.com account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or

i. Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.GiftCards.com, and all linked pages to the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

j. Promote or drive traffic to image pages by means of autosurfing, autoclicking via bots or web scripts, iframes or click exchanges. GiftCards.com reserves the right at all times to terminate your account, and delete any and all User Generated Content at, in whole or in part, for any reason including, but not limited to, violations of these General Terms of Use and Legal Policy. If you do violate these General Terms of Use and Legal Policy, GiftCards.com reserves the right to share any information with any third party. In addition, GiftCards.com reserves the right at all times to disclose any User Generated Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

Age Requirements and Limitations on Use of Services

Users of the Services must be at least 18 years of age.  Individuals under the age of 18 are not permitted to use the Service and no information of individuals under the age of 18 will be knowingly collected by GiftCards.com. If GiftCards.com determines that it has collected personal information of individuals under the age of 18, GiftCards.com will immediately delete such information.

You are limited to one account. You are limited to the file size, bandwidth and storage limitations related to your account level. GiftCards.com reserves the right to disable direct linking on your account that are using excessive bandwidth or otherwise abusing the system. GiftCards.com has the right to change these limitations without notice to you. In addition, GiftCards.com reserves the right to terminate any account that has not been used for a period longer than 90 days.

Report Fraud

With the ever increasing prevalence of identity theft, credit card fraud and money laundering practices, Wolfe.com, LLC prides itself on its progressive fraud prevention system that has produced minimal fraud-related losses to both the company and, more importantly, the cardholder.

Our fraud prevention efforts are continuously improving. We have been in the gift card business for over ten years now and have seen it all when it comes to gift card related fraud. It seems, however, that fraudsters become more sophisticated as the e-commerce community grows, making it all the more necessary for merchants and cardholders to stay one step ahead of their scam tactics. We need your help in this fight. Should you come across any suspicious websites and/or e-mails that you suspect as being fraudulent, please report it to us immediately.

Additional GiftCards.com Terms and Conditions Applicable to Purchases/Sales of Merchant Issued Closed Loop Gift Cards and Gift Codes

Selling Your Merchant-Issued Closed Loop Gift Card to GiftCards.com

You hereby represent and warrant and continue to represent and warrant, in connection with any Merchant-Issued Closed Loop Gift Card you sell to GiftCards.com, the following:

(a) that the Merchant-Issued Closed Loop Gift Card is valid;

(b) that such Merchant-Issued Closed Loop Gift Card is redeemable for the amount of credit that you represent to GiftCards.com at the time of the sale;

(c) that you have not in any way retained a way to redeem the Merchant-Issued Closed Loop Gift Card after selling the Merchant-Issued Closed Loop Gift Card to GiftCards.com;

(d) that the Merchant-Issued Closed Loop Gift Card and any interest therein is fully transferable to GiftCards.com in the manner contemplated herein;

(e) that you are the sole lawful owner of the Merchant-Issued Closed Loop Gift Card and all interests thereto;

(f) that the Merchant-Issued Closed Loop Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and

(g) that you shall comply with all other requirements to complete the sale of your Merchant-Issued Closed Loop Gift Card to GiftCards.com, including, without limitation shipping instructions and card destruction instructions, required by GiftCards.com.

Upon your confirmation of the sale of your Merchant-Issued Closed Loop Gift Card to GiftCards.com:

(a) You agree to transfer all title and interest, in and to, your Merchant-Issued Closed Loop Gift Card to GiftCards.com and provide GiftCards.com with the card number and PIN code for such Merchant-Issued Closed Loop Gift Card. If instructed by GiftCards.com to do so, you further agree to destroy the plastic Merchant-Issued Closed Loop Gift Card following consummation of the sale.  You further represent and warrant that you will not redeem any portion of such Merchant-Issued Closed Loop Gift Card value subsequent to the sale of such Merchant-Issued Closed Loop Gift Card to GiftCards.com.

(b) You further agree to provide GiftCards.com with a valid credit card and authorize GiftCards.com to subsequently charge to your credit card a Replacement Fee if the Merchant-Issued Closed Loop Gift Card which you sold to GiftCards.com is later found to be invalid or the value remaining on the Merchant-Issued Closed Loop Gift Card which you sold to GiftCards.com is different from the value which you represented to GiftCards.com at the time of the sale. Such Replacement Fee shall be equal to value of the Merchant-Issued Closed Loop Gift Card as verified by GiftCards.com at the time of the sale of your Merchant-Issued Closed Loop Gift Card to GiftCards.com plus a $10.00 Service Charge. GiftCards.com is not responsible for any errors that you have made in entering gift card information and is not liable for any such errors.

GiftCards.com reserves the right, in its sole discretion, to refuse to sell a Merchant-Issued Closed Loop Gift Card or Gift Code to any prospective purchaser for any reason.

Purchasing a Merchant-Issued Closed Loop Gift Card or Gift Code from GiftCards.com

Merchant-Issued Closed Loop Gift Cards and Gift Codes are available to purchase by individuals over the age of 18 years. You represent and warrant to GiftCards.com that you at least 18 years old.  GiftCards.com retains the sole discretion to refuse to sell Merchant-Issued Closed Loop Gift Cards and Gift Codes to any person for any reason.  The amount of credit verified by GiftCards.com at the time of sale shall be deemed the available balance on the Merchant-Issued Closed Loop Gift Cards and Gift Codes. The charge to your credit card will be posted at the time of order submission. No refunds will be issued, offered or provided for the purchase of Merchant-Issued Closed Loop Gift Codes.  You acknowledge and agree that you must pay for such Merchant-Issued Closed Loop Gift Cards and Gift Codes with a valid credit card and represent and warrant that you are authorized to use such valid credit card to pay the purchase price.

Return Policy for Merchant-Issued Closed Loop Gift Cards

Subject to the following terms, conditions and restrictions, you may return a Merchant-Issued Closed Loop Gift Card purchased from GiftCards.com for a full refund of the original purchase price, excluding original shipping charges which are non-refundable, (together the “Refund Amount”) by making a written request via email to returns@discountedgiftcards.com within one hundred days of the date of your original purchase of the Merchant-Issued Closed Loop Gift Card.  Your will be charged a restocking fee of $4.95 for each return which will be deducted from the Refund Amount.  This Return Policy does not apply to Gift Codes. Gift Codes are non-refundable and non-returnable.  If you elect to return for a refund a Merchant-Issued Closed Loop Gift Card, you represent and warrant that:

a) the Merchant-Issued Closed Loop Gift Card remains in the same condition in which it was received upon purchase and has not been damages in any manner;

b) the Merchant-Issued Closed Loop Gift Card has not been used to make any purchases since the original purchase date(a) that the Gift Card is valid;

(b) that Merchant-Issued Closed Loop Gift Card is redeemable for the same amount of credit as such Merchant-Issued Closed Loop Gift Card was redeemable for on the original purchase date;

(c) that you have not in any way retained a way to redeem the Merchant-Issued Closed Loop Gift Card after returning the Merchant-Issued Closed Loop Gift Card to GiftCards.com;

(d) that the Gift Card and any interest therein is fully transferable to GiftCards.com in the manner contemplated herein;

(e) that you are the sole lawful owner of the Merchant-Issued Closed Loop Gift Card and all interests thereto;

(f) that the Merchant-Issued Closed Loop Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and

(g) that you shall comply with all other requirements to complete the return of your Merchant-Issued Closed Loop Gift Card to GiftCards.com, including, without limitation shipping instructions, required by GiftCards.com.

You bear the risk of loss for delivery of your Merchant-Issued Closed Loop Gift Card that you are returning to GiftCards.com. GiftCards.com is not responsible for any loss, damage or failure of delivery of your Merchant-Issued Closed Loop Gift Card which you are attempting to return.  If GiftCards.com does not actually receive your Merchant-Issued Closed Loop Gift Card which you attempted to return to GiftCards.com, no refunds will be issued.

 

 

Common Scams in the Gift Card Industry:

In-Store theft:This scenario involves the fraudster physically going into a store that sells gift cards, locating said gift cards, and documenting the gift card information (gift card number, CVV code and PIN) without actually making a purchase. The fraudster then waits until the compromised gift card’s value has been loaded, at which time, he/she will proceed to use the gift card on-line where it is not necessary to physically have the card. The legitimate purchaser of the gift card is then left with a card that is stripped of its value. Merchants have become aware of this scam and have thereby included a scratchable PIN to their gift cards.

Auction sites: This scam is becoming more and more common in the e-commerce community and presents itself in several forms. The fraudster in this case will sell gift cards on-line posing as a legitimate auction site. What the customer doesn’t realize is that their purchased gift card is either counterfeit or contains a value load less than the represented amount.

Discounted gift card sites: Beware of any gift card site that promises to sell merchant gift cards at a price significantly less than the actual value. One such site is http://giftcodes.us. These sites follow a fairly straightforward scheme: selling either a non-existent product or a product that does not match the customer’s expectations. The customer believes they are getting a great deal on a merchant gift card, but come to find that the purchased card is either non-existent or contains a value load far less than that of which was represented. The solution? Buy from trusted sites like Giftcards.com, Plasticjungle.com and Giftcardrescue.com.

Advance-fee fraud: This scheme, also known as a ’419′ scam, originates as a mass e-mail that is sent out to millions of random e-mail addresses. These fantastical e-mails are extremely easy to identify. The rule of thumb is this: if it seems too good to be true, then it probably is. While there are many different types of ’419′ scams, they all follow the same structure. The scammer is asking for assistance in a matter that could be financially beneficial in the long run. All the recipient would need to do is pay a small sum in return for a very large sum – which never comes.  A common example is that the e-mail recipient has won a secret lottery and is now owed millions of dollars. All the recipient would need to do is pay a thousand dollars in ‘shipping’ fees in order to receive the prize. The shipping cost is paid and the recipient is left with a fictional claim to a million dollar prize.

Charity-based scams: A scam has recently surfaced in which individuals are used as pawns in laundering money overseas by receiving and selling stolen gift cards.

Here is how it works: Individuals are contacted by fictional charities and asked for their assistance in forwarding money to the needy. These individuals are told that that they will receive gift cards in the mail and are then instructed to sell the gift cards on-line for cash. Once the cash is received, these individuals are instructed to forward the money to the fictional charity via money-gram services such as Western Union. Unbeknownst to them, the gift cards were illegally obtained and the money was forwarded directly into the scammer’s pocket. One such example is www.everysoulcounts.com.

 

Privacy Policy

The Company will not share your nonpublic personal information with others as defined below. The Company on your behalf, has exercised your right to opt-out under 12 CFR Part 40, Privacy of Consumer Financial Information.

The basis of each of our customer relationships is built on trust. You have chosen to do business with us, and we guard that relationship with great care, beginning with the information you have chosen to share with us. That is why we have opted out for you as a matter of corporate policy. The Company does not share information about you outside of our companies unless permitted by Title V of the Gramm-Leach-Bliley Act of 1999 and other applicable laws and regulations.

The Company and its employees, are dedicated to protecting the privacy of your nonpublic personal information. We maintain information about you in order to provide you with the most effective and convenient access to our broad range of financial products and services. We want you to understand what information we collect, and how we use and protect it. This notice serves as a standard for all of our employees for collection, use, retention and security of nonpublic personal consumer information.

What information we collect

“Nonpublic personal information” is information about you that we obtain in connection with providing a financial product or service. Such information includes for example, account balance, income, assets, insurance premiums, payment history and overdraft history.

We may collect nonpublic personal information about you from the following sources:

Information that you provide to us, such as on applications or other forms

Information about your transactions with us, our affiliates or others, or

Information from others, such as credit bureaus, real estate appraisers, and employers

Our security procedures

To maintain security of customer information, we restrict access to your personal and account information to persons who need to know that information to provide you products or services. We maintain electronic and procedural safeguards to guard information.

Opt-Out Policy

Subscribers can opt-out at any time from the Company by going to our email opt-out page and submitting their email address.

What information we disclose

We do not disclose nonpublic personal information about you to any companies that are not members of our corporate family (“third parties”), except as permitted by federal law, specifically Title V of the Gramm-Leach-Bliley Act of 1999. The confidentiality of your nonpublic personal information will continue to be maintained consistent with this privacy notice even if you decide to close your account(s), your account becomes inactive, or when you otherwise cease to do business with us.

We may disclose all of the information we collect, as described above, to third parties that perform marketing services on our behalf or to other financial institutions, such as insurance providers, with whom we have joint marketing agreements in order to make a variety of financial services available to you. These third parties must agree to strict confidentiality provisions to assure the protection of your information. Because we already limit the sharing of your nonpublic personal information as outlined above, no action is necessary on your part to limit such sharing.

Our pledge to you

We believe that your privacy should never be compromised. At the same time, we want to offer you the array of financial products and services you need to accomplish your financial goals. We believe we can do both by adhering to the provisions of this privacy notice.

Privacy Policy Frequently Asked Questions

 

We are dedicated to protecting the privacy of your nonpublic personal information. Federal law establishes rules for sharing customer information. We believe that your privacy should never be compromised. Our privacy notice describes how we collect and use your nonpublic personal information. It will help you understand the careful attention we devote to handling and protecting your nonpublic personal information.

We take your privacy and online security very seriously. To protect you from unauthorized use of your credit card, we may require the last four digits of your social security number to verify your identity. This information is used for verification purposes only and is destroyed after your identity has been confirmed. No third party person has access to this information and it is not shared with any type of credit bureau or agency.

Here are answers to some frequently asked questions about privacy to help you understand our position on this important issue.

1. Does the Privacy Notice cover my accounts with each of GiftCards.com, OmniCard.com and Omniprepaid.com?
Yes, however, you may receive more than one copy of the notice from us if you have several accounts or do business with of our affiliated Sites. This helps us to ensure that all customers receive it.

2. What is “nonpublic personal information”?
“Nonpublic personal information” is information about you that we obtain in connection with providing a financial product or service. For example, this might include information such as account balances, income, assets, and insurance premiums. Generally speaking, nonpublic personal information is information that is not available in public records.

3. Do you sell information about me to other companies?
No. We will not sell information about you. We honor the trust that you have placed in us to keep information about you confidential.

4. Why does GiftCards.com, LLC share information about me with other affiliated companies?
There are many benefits to sharing information within our family of affiliated companies. These are just a few:

Fraud Prevention - Sharing information amongst our affiliated companies helps us to prevent fraud. Your accounts and your personal identity are better protected from thieves and imposters, and the Company is less vulnerable to losses from fraud. Consumer fraud is costly. Controlling it keeps your costs down.

Enhanced Service - Sharing information enables us to provide you with superior service. For example, our Call Centers are able to serve you faster and more efficiently when they have access to all of your bank relationships and account information. You have the convenience of calling just one number to have most of your questions answered.

Tailored Products and Services - Knowledge of your account relationships, balances and transaction behavior helps us to identify what products and services may be most interesting to you. We use this information to keep you informed about those suited to you. It also helps us to identify and notify you when market conditions are favorable to you.

5. What if I believe that the personal information that the Company keeps on me is incorrect?
Please contact your Company representative, branch office or call center if any of your information is incorrect or if any information changes, such as your name or address. The Company will research your concern and make any necessary corrections.