Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at GiftCards.com (the “Services”). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by GiftCards.com, LLC. (“GiftCards.com”). GiftCards.com may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party, provided that when GiftCards.com does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service. You are hereafter referred to as ‘User’. The User image submittal, compensation, and distribution service is hereafter called ‘PicPaid’.
GiftCards.com requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to GiftCards.com a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have joined the PicPaid program.
1. 1. Purpose and Description of Services.
GiftCards.com provides users 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 Terms of Service. 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 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 Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via GiftCards.com.
GiftCards.com has the right to syndicate your uploaded content with third parties without your permission.
1.2. Compensation for Image Sales
GiftCards.com will pay to User a fee per image that is purchased by a customer of GiftCards.com, through the PicPaid service. The fees paid from GiftCards.com to User is based on the published fee schedule on the PicPaid section of GiftCards.com. This fee can change from time to time, at the sole descrection of GiftCards.com. In the circumstances where the fees change, the User will be notified by email, and User has the option of removing their images from the PicPaid program should they not like the new posted fee schedule. Users are paid by GiftCards.com for images purchased by consumers on a monthly basis. Users click on the ‘Pay Me’ option within their account when they want a check to be sent to them for their sales activity. Should the User not click the Pay Me link, then GiftCards.com will mail checks to Users after meeting a minimum of $20.00. Any funds not claimed by Users, under $20.00 and not claimed, will be forfeit.
1. 3. 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 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 Content of users’ accounts and does not have any obligation to monitor such content for any purpose, however, GiftCards.com may chose to monitor such User 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 Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User 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 Content that would violate the right of privacy or publicity of any public or non-public persons;
d. Upload or otherwise transmit any User 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 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 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 (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 Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, 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 Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
1. 4. Age Requirements and Limitations on Use of Services.
Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by GiftCards.com. If GiftCards.com determines that it has collected personal information of children under the age of 13, GiftCards.com will immediately delete such information.
1. 5. Trademarks and Copyrights.
All trademarks, brands and service marks used in conjunction with the Services by GiftCards.com shall be the property of GiftCards.com. GiftCards.com shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at GiftCards.com. This license does not apply to any third party images stored at GiftCards.com. Permission for use of such content must be obtained from the copyright owner. GiftCards.com claims no ownership interest in the images posted by you at GiftCards.com.
1. 6. Copyright Infringement.
GiftCards.com respects the intellectual property rights of others. However, you agree that GiftCards.com is not responsible for any violations of any intellectual property rights in any images or content posted to GiftCards.com. You understand that by using these Services that your images will be publicly available to others and that GiftCards.com has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact GiftCards.com at firstname.lastname@example.org.
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Upon receiving your complaint, GiftCards.com may, in its sole discretion, remove content that you believe infringes your copyright. In addition, GiftCards.com may terminate the account of the user who appears to be infringing your intellectual property rights.
1. 7. Disclaimer of Warranty and Limitations of Liability.
GiftCards.com expressly disclaims any responsibility or liability for the use of the Services by you. GiftCards.com also disclaims any and all responsibility or liability for:
a. the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.
b. the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
c. any harm resulting from downloading, or accessing any information or material through the site.
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL GiftCards.com BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF GiftCards.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
1. 8. Indemnification.
You agree to defend, indemnify, and hold harmless GiftCards.com and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). GiftCards.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with GiftCards.com and its counsel in the conduct of such defense.
1. 9. Forum and Choice of Law.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Pennsylvania, or state courts located in the county of Allegheny and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
2.09. Entire Agreement.
These Terms of Service constitute the entire agreement between the you, the user, and GiftCards.com with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between GiftCards.com and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with GiftCards.com are incorporated herein by this reference to the extent they do not conflict with these Terms of Service. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.