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The GifteeBids software application and the GifteeBids Site (as defined herein) (collectively, the "Services") are provided by GifteeBids ("GifteeBids", "we" or "us"). As used in these GifteeBids Terms and Conditions (these "Terms and Conditions"), "you" or "your" refers to you as a user of the Services.
These Terms and Conditions are legally binding agreements. Please read them carefully before using or accessing the Services. By registering an account on the GifteeBids.com website (together with any successor website, the "GifteeBids Site"), or by otherwise using or accessing the Services, you acknowledge and agree that:
If you do not meet any of the eligibility criteria listed above or are not willing to be bound by these Terms and Conditions, do not register an account with GifteeBids and discontinue any use or access of the Services immediately.
Your right to use or access the Services is limited solely to a limited, non-exclusive, non-transferable and freely revocable license to use and access the Services for entertainment purposes only. All rights not expressly granted to you in these Terms and Conditions are expressly reserved by GifteeBids and there are no implied rights or licenses granted under these Terms and Conditions. All rights and licenses granted to you in these Terms and Conditions are expressly conditioned on your continued compliance with these Terms and Conditions.
GifteeBids employees and contractors, and their respective family members (defined as parents, spouses (including domestic partners), siblings and children) and any other persons residing in the same household as a GifteeBids employee or contractor, may not under any circumstances use or participate in the Services.
You may not participate in the Services in collusion with any other user or person. GifteeBids reserves the right, at any time and in its sole discretion, to permanently close the Account (as defined herein) of any user suspected of collusion or any other activity prohibited under these Terms and Conditions.
You will be required to register with GifteeBids before you may participate in any Auction (as defined herein). In connection with the registration process, an account will be created in your name ("Account") and you will select a user name and password for use in accessing the Services. You may have only one (1) Account with GifteeBids. A valid physical address (P.O. boxes or similar addresses are not permitted) will be required in order to receive any products won in the Auction. You are expressly prohibited from creating any additional or duplicate accounts. GifteeBids reserves the right to void auction wins and/or refuse shipment of any products, prizes or other auction items which GifteeBids, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of these Terms and Conditions. You must not provide misleading information when registering.
You will use your GifteeBids user name and password to access the Services. By logging into the Services or using your GifteeBids user name and password in order to access the Services, you represent and warrant that you are authorized to use such user name and password and to use and access the Services. You are solely responsible for the use of your user name and password and for maintaining the confidentiality of your user name and password, as well as for any activities conducted using your user name and password. Your chosen user name must not be offensive, rude, disparaging or intended to deceive other users of the Services. Your user name may not advertise for other websites or services or otherwise violate the Intellectual Property Rights (as defined herein) of any third party. If we receive information or become aware that your user name is illegal or in breach of these Terms and Conditions, your Account may be disabled, suspended or terminated.
YOU AGREE THAT ACCESS TO THE SERVICES IS EXPRESSLY LIMITED TO THE NAMED USER ON THE ACCOUNT ONLY. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER NAME OR PASSWORD TO BE USED BY ANY OTHER PERSON. YOU FURTHER AGREE THAT, IN THE EVENT OF ANY VIOLATION OF THE PROVISIONS OF THIS SECTION 2, WE HAVE THE RIGHT (IN ADDITION TO ALL OTHER RIGHTS OR REMEDIES THAT WE MAY HAVE AT LAW OR UNDER THESE TERMS AND CONDITIONS) TO COLLEC, AND YOU WILL PAY IMMEDIATELY UPON DEMAND, AN AMOUNT EQUAL TO ONE THOUSAND AND NO/100 DOLLARS ($1000) PER VIOLATION AS A REASONALBLE ESTIMATE OF THE DAMAGES INCURRED BY GifteeBids (THE AMOUNT OF WHICH COULD NOT OTHERWISE BE REASABLY ASCERTAINED).
GifteeBids reserves the right, in its sole discretion, to temporarily or permanently suspend or terminate your Account, without prior notice or liability, in order to maximize auction participation or in response to a suspected or confirmed violation of these Terms and Conditions, any laws, or the rights of any other users or third parties. Examples of unauthorized usage include, without limitation, the use of unauthorized third party bidding or bid tracking software, the creation of multiple accounts or other fraudulent or collusive activity or behavior. You agree that if GifteeBids, in its sole discretion, determines that you have breached or violated any of these Terms and Conditions, that GifteeBids may terminate your Account immediately and without notice, and you shall have no right to use the Services at any time in the future, unless otherwise authorized in writing by GifteeBids.
Bids are available for purchase by users in advance of their joining a GifteeBids auction (each, an "Auction"). Once purchased, bids are nonrefundable. From time to time, free bids may be offered to users of the Services. Free bids are valid until the expiration date stated in the applicable promotion. Once you place a bid (whether purchased, free or otherwise) in an Auction, the bid is deducted from your Account, regardless of whether you win the Auction. Each time you place a bid, one (1) bid will be deducted from your Account. The winner of an Auction is the last bidder recorded before the Auction ends. The winner of an Auction is the last bidder recorded before the Auction ends. All Auctions end fifteen (15) seconds after the reserve price is met.
Each time you place a bid, you will have sixty (60) seconds (your "Window") within which to see any mini-auction prize icons that may be embedded within the grid. You can then attempt to skillfully time your bids to land on the prize icons and win those mini-auctions. Being able to see the prize icons is not required to actually win the mini-auctions. If the reserve price is met and the 15-second countdown timer is initiated during your Window, you will see the countdown timer. However, you will not see the 15-second countdown timer if the reserve price is not met during your 60 second Window, thus ending the auction.
The indicator to the left of the BID button flashes gray/red until you place a bid. Once you place a bid, the indicator turns green indicating the start of your 60 second Window. As your Window approaches its expiration, the indicator turns from green to yellow and from yellow back to the flashing gray/red indicating the end of your 60 second Window.
If you did not win an Auction, you may still purchase the item being auctioned. Simply click the "Buy" button on the auction panel or select "Shop" from the tabs at the top of the screen and then select "Buy It Now". If you purchase an item you have bid upon using the Buy It Now feature, you will receive a discount off the purchase price of the item (up to approximately 80% of the retail cost). In addition, you will get bids returned to you for use in another auction (up to 20% of the number of bids you placed in that auction).. Those returned bids are designed as "Free Bids". You have one (1) hour after an Auction ends to utilize this feature. You may not purchase an item through the "Buy It Now" feature until you have purchased at least one (1) bid and placed at least one (1) bid in the Auction for the item you seek to purchase. GifteeBids reserves the right to limit the number or type of products available for "Buy It Now" credit. Buy It Now is not available on gift cards or Apple products. Buy It Now purchases are limited to one (1) purchase per user per day.
Should you not honor a payment for any bids or products, you will be charged a returned payment fee in the maximum amount permitted by law. GifteeBids reserves the right to restrict access to or disable or terminate your Account until all outstanding amounts have been paid in full, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received. You may not obtain any money in exchange for bids. All bids purchased are non-refundable. If you ever believe that your Account does not reflect any bids that you have acquired, you must notify us within three (3) months of the date you claim to have acquired the bids. If you have no account activity for one (1) year, any purchased bids will be considered expired and will be deleted from your account.
GifteeBids reserves the right to, from time to time and in its sole discretion, change the price of bids, the format of any Auction or any other aspect of the Services, in each case without notice to you or any other user of the Services.
Because every Auction is unique and the results of all Auctions offered by GifteeBids depend on the number of users participating in such Auctions and the skill of the users participating, the precise odds of winning any Auction are unavailable.
After an Auction has ended, you must pay the total price for such Auction to purchase the product. You must pay for the Auction within seven (7) days of the Auction end date. If you fail to do so, GifteeBids may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of the applicable Auction item. If GifteeBids does so, all bids placed in such Auction will be deemed used and will be non-refundable. After paying the total amount due, you will receive an email confirmation that the product has been purchased. At this point, your credit card has been charged; the one-time charge will be reflected on your credit card statement.
Deliveries are made exclusively to the forty-eight (48) contiguous states of the United States, and to Washington D.C. Unless otherwise stated, delivery will be made directly from our supplier or fulfillment company to the address that you have provided. GifteeBids reserves the right to refuse shipment of any products, prizes or other auction items which GifteeBids, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of these Terms and Conditions. Delivery times vary and any estimated time of delivery that we may provide is only an estimate and should be used only as a general guide. GifteeBids shall be entitled to involve third parties to satisfy its obligations without being required to notify you or any other user of the Services. Damage to any item from transport must be reported to GifteeBids immediately upon receipt.
You agree that any item or order shall remain the property of GifteeBids until such time as GifteeBids has received payment for such item or order in full, and including any payments owed for bids used in the underlying Auction.
GifteeBids allows winners the right to return an order in accordance with our Return Policy listed on the GifteeBids Site, which may be updated and modified by GifteeBids from time to time without notice.
A GifteeBids system outage has occurred if no bids can be submitted in an Auction due to an unforeseeable disruption in a GifteeBids system or network. In the case of a system outage, the affected Auction(s) will be temporarily paused and all bidding progress will be recorded. After the disruption has been resolved, the Auction(s) will be continued. GifteeBids is not responsible for any costs that may be incurred by you or any other user due to any system or network outage or issue. GifteeBids reserves the right to cancel any Auctions that end due to a system or network error, bot bidders, employee or other non-eligible bidders, technical problems or any other similar reason.
GifteeBids provides no guarantee of the constant and uninterrupted availability of the GifteeBids Site or any technical systems relating to the Services. GifteeBids shall not be liable for any damage incurred by you or any other Auction users or any third parties arising from any use of the Services. In particular, GifteeBids shall not be liable for any damage that occurs or arises due to system outages on the network or computer you use to access the GifteeBids site or system, bids not being received by GifteeBids or the Services, not being received, processed or applied promptly, or not being considered as a consequence of technical or other errors.
Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the Services (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the Services, are the property of GifteeBids or its affiliates. Except as permitted by these Terms and Conditions, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of the Services, in whole or in part, in any form or by any means.
As used in these Terms and Conditions, "Intellectual Property Rights" refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.
Any information, suggestions, feedback, ideas, comments and other materials that you may disclose or offer to us through or in connection with your use of the Services (collectively, "Submissions") are submitted without any restrictions or expectation of confidentiality. You hereby assign to GifteeBids without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions. You will not assert any proprietary right or moral right of any kind or nature with respect to any Submissions.
We are committed to complying with all laws, including laws relating to copyright and other intellectual property matters, and we expect all users of the Services to also comply with all laws. Using the Services to transmit any content or to engage in any activity or transaction that infringes the Intellectual Property Rights of any third party, or that otherwise violates any law, is expressly prohibited by these Terms and Conditions.
If notified of an allegation that the Services contain infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, we may (but shall have no obligation to) investigate such allegation and determine in our sole discretion whether to remove or request the removal of the same from the Services. Any notices regarding any alleged infringement, defamation or illegal activities involving the Services should be directed to GifteeBids at [email protected].
IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE SERVICES. THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS, WHERE-IS" BASIS AND NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, SUITABILITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED OR OTHERWISE MADE AVAILABLE AS PART OF THE SERVICES (OR OF THE SERVICES GENERALLY), OR THAT THE SERVICES OR THE GifteeBids SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GifteeBids HEREBY DISCLAIMS ANY AND ALL LIABILITY FROM CLAIMS ARISING FROM PURCHASES MADE FROM GifteeBids. GifteeBids SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY TYPE OR NATURE THAT OCCUR OR THAT ARE RECEIVED FROM ANY PRODUCT PURCHASED OR WON ON OR THROUGH GifteeBids. GifteeBids MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS PURCHASED OR WON THROUGH THE SERVICES, OR WITH RESPECT TO ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT GifteeBids SHALL NOT BE LIABLE FOR PERSONAL INJURY OR ANY PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION OR MISUSE OF any PRODUCTS OBTAINED BY YOU OR ANY OTHER PERSON THROUGH THE SERVICES. IN NO EVENT SHALL GifteeBids BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES RELATING TO ANY CLAIM THAT YOU OR ANY USER MAY MAKE FOR ANY BREACH OF WARRANTY OR SIMILAR CLAIM WITH RESPECT TO ANY PRODUCT THAT MAY BE ACQUIRED THROUGH THE SERVICES.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, OUR SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS AND LICENSEES, AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE, THAT ARISE OUT OF (A) YOUR USE OF OR ACCESS TO THE SERVICES; (B) ANY NEGLIGENCE OR WILLFUL MISCONDUCT ON YOUR PART; OR (C) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OTHER AGREEMENT OR OBLIGATION SET FORTH IN THESE TERMS AND CONDITIONS.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE UPON THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE OR THEY ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF A LEGAL CLAIM OF ANY KIND RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS WILL NOT EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We may change or modify these Terms and Conditions from time to time. By continuing to use or access the Services following our posting of such changes or modifications, you agree to be bound by these Terms and Conditions, as they may be modified from time to time. We reserve the right to change, restrict access to, suspend or discontinue the Services or any portion thereof at any time, without any liability or obligation.
These Terms and Conditions and the Official Rules (as defined herein) will be governed and construed in accordance with the internal laws of the State of Georgia, without regard for its conflict of law principles. By using or accessing the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia for all disputes, causes of action and claims that you may bring or initiate that arise out of or relate to the Services, these Terms and Conditions, the Official Rules or the game promotion described below, and you hereby waive any objections to the laying of venue in such forum.
ANY LEGAL OR OTHER PROCEEDING COMMENCED BY OR ON YOUR BEHALF UNDER THESE TERMS AND CONDITIONS SHALL TAKE THE FORM OF AN INDIVIDUAL ACTION OR PROCEEDING (AND NOT OF A CLASS ACTION OR PUTATIVE CLASS ACTION OR OF A COLLECTIVE, REPRESENTATIVE OR OTHER SIMILAR ACTION OR PROCEEDING). CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH THE COURTS ARE OTHERWISE) ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND OUR AFFILIATES AND RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY USING OR ACCESSING THE SERVICES, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE ACTION OR PROCEEDING.
Our failure to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditions or in the Official Rules is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions or the Official Rules, as the case may be, will remain in full force and effect.
These Terms and Conditions, the Official Rules, and the Privacy Policy represent the entire agreement between you and GifteeBids regarding the subject matter hereof. GifteeBids may provide additional information or impose additional policies or rules with respect to the Services and/or the GifteeBids Site, which may be made available to you on the GifteeBids Site (e.g., shipping and return policies, information included on the "How it Works" page, etc.), and all such information, policies and rules shall be binding on you with the same legal force and effect as if set forth in these Terms and Conditions, provided that, in the event of any conflict between such information, policies or rules, and any provision of these Terms and Conditions, provided that, in the event of any conflict between such information, policies or rules, and any provision of these Terms and Conditions, the provision set forth in these Terms and Conditions shall control. Other than our affiliates, no other person or entity will be deemed a third party beneficiary to any provision of these Terms and Conditions or the Privacy Policy.