Terms of Service

The following terms and conditions govern all use of the Gift Card Suite.com website and all content, services and products available at or through the website, (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website's privacy policy) and procedures that may be published from time to time on this Site.

Please read this Agreement carefully before accessing or using this Website. By accessing or using any part of this web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access this Website or use any services. If these terms and conditions are considered an offer by Gift Card Suite.com, acceptance is expressly limited to these terms. This Website is available only to individuals who are at least 13 years old.

1. Your Gift Card Suite.com Account and Website.

If you create an account, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Gift Card Suite.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Gift Card Suite.com liability. You must immediately notify Gift Card Suite.com of any unauthorized uses of your website, your account or any other breaches of security. Gift Card Suite.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors.

If you operate a website, post material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website's URL or name is not the name of a person other than yourself or company other than your own;
• By submitting Content to Gift Card Suite.com for inclusion on your Website, you grant Gift Card Suite.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Gift Card Suite.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

3. Payment and Renewal

• General Terms. All purchases made through your gift card store incur a fee based on the plan you choose. These fees will be assessed on the completion of a purchase of a gift card and are non-refundable.
• Premium Plan Payments. Optional paid services are available on the Website (collectively, "Hosting Service"). By selecting the Premium Plan you agree to pay Gift Card Suite.com the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis 7 days from the date you signed up for a Premium Plan account and will cover the use of that service for a monthly subscription period as indicated. Premium Plan fees are not refundable after 90 days of account creation.
• Automatic Renewal. Unless you notify Gift Card Suite.com before the end of the applicable subscription period that you want to cancel your Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the Billing section of your account's dashboard.
• Payments to You Any purchases made in your gift card store will be handled through Stripe. You must provide Gift Card Suite.com access to your Stripe account by using the Connect with Stripe button from the Payment Gateways page in your account dashboard order to get paid. Any purchases made in your gift card store while not connected to a Stripe account will not be paid or reimbursed by Gift Card Suite.com . Please see Stripe's terms and conditions page for additional information.

4. Responsibility of Website Visitors.

Gift Card Suite.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Gift Card Suite.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Gift Card Suite.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Gift Card Suite.com links, and that link to Gift Card Suite.com. Gift Card Suite.com does not have any control over those non-Gift Card Suite websites and webpages, and is not responsible for their contents or their use. By linking to a non-Gift Card Suite website or webpage, Gift Card Suite.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Gift Card Suite.com disclaims any responsibility for any harm resulting from your use of non-Gift Card Suite websites and webpages.

6. Copyright Infringement and DMCA Policy.

If you think that someone other than you has posted content to the website that you believe is your work and would like it to be taken down, send us an e-mail to [email protected] and we will remove it. If you would like to go further than that, please continue reading.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send a copy of the written communication to: [email protected].

7. Intellectual Property.

This Agreement does not transfer from Gift Card Suite.com to you any Gift Card Suite.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Gift Card Suite.com . Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Gift Card Suite.com or third-party trademarks.

8. Attribution.

Gift Card Suite.com reserves the right to display attribution links such as ‘Powered By: Gift Card Suite,’ in your website footer. Footer credits may not be altered or removed regardless of Plan being purchased.

9. Changes.

Gift Card Suite.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Gift Card Suite.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Termination.

Gift Card Suite.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gift Card Suite.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties.

The Website is provided "as is". Gift Card Suite.com hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Gift Card Suite.com makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

12. Limitation of Liability.

In no event will Gift Card Suite.com , be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gift Card Suite.com under this agreement during the twelve (12) month period prior to the cause of action. Gift Card Suite.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Gift Card Suite.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification.

You agree to indemnify and hold harmless Gift Card Suite.com , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

15. Miscellaneous.

This site (excluding any linked sites) is controlled by us from our offices within the New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.