TERMS AND CONDITIONS | For a PDF of this page, » CLICK HERE «

Please read these terms and conditions carefully. By using this site, you are stipulating you agree to the foregoing terms and conditions.

Updated October 19, 2009

Welcome to this website, owned and operated by MyGiftWire.com, LLC, ("MY GIFT WIRE") a Limited Liability Company organized under the laws of the state of Florida, and operated as a for-profit service to users of said website. Management of these sites is provided by Rodan Media Group Corporation ("RODAN"), a separate corporation organized under the laws of the state of Florida.

Use is subject the terms and conditions delineated herein, and said terms and conditions may be modified at any time, without prior notice to the user. It is your responsibility to check for modifications to the Terms of Use. By utilizing this website, you agree to the Terms of Use; if you do not agree to these Terms of Use, you may not use this website.

APPLICABLE WEBSITES

These Terms of Use apply to the following domain names, severally and collectively: mygiftwire.com, mygiftwire.net and mygiftwire.org. These domain names (“THE DOMAINS”) are currently hosted collectively on the same server, which server is provided by a third party not affiliated with MY GIFT WIRE or RODAN. THE DOMAINS are owned by MY GIFT WIRE or the managing partners of same. MY GIFT WIRE may modify the domains available for user accessibility at any time, without prior notice.

USE OF WEBSITES

Sharing your information and content on THE DOMAINS is completely voluntary, and you retain rights to all of your own, original content. By signing up for use of THE DOMAINS, you are agreeing to the following basic provisions:

You use THE DOMAINS at your own risk, and you agree to hold harmless other users, MY GIFT WIRE and RODAN, for any and all contact made to you through use of the domains.

When you sign up for an account on MY GIFT WIRE, you are to provide use with your first name, last name, a valid email address, your gender, and your birthday, including day of birth, the month of birth and the year of birth.

Your limited profile will only ever show your first name, your day and month of birth, your gender, your photograph or avatar, and your location by city and state, if you have entered that information. The limited profile is available to all users who are seeking to connect with their friends or family members on THE DOMAINS.

Only those whom you authorize to become your friends on MY GIFT WIRE will be permitted to see your full public profile.

Your full public profile will include your first and last name, your day and month of birth, your gender, your email address, your location by city and state, if you have provided same, your photograph or avatar, your gift list, your events list and your other friends on your approved friends list.

You have the right to rescind or revoke a friend connection on your profile at any time for any reason.

When you receive a request from a user to become a friend, and add them to your friends list, you have three options. You may approve the friend request; granting them permission to view your full profile; you may ignore the request, you may deny the request.

When you deny or ignore a friend request, an entry is made to the database server of THE DOMAINS that states your intent to ignore or reject the user who has requested a friend connection with your profile. In cases such as this, that person will not be permitted to view your full profile, but your partial profile will still be available for viewing to that user, but only when searching for your specific name or email address.

You must be at least 18 years of age to use THE DOMAINS. If you are not at least 18 years of age, you must have the permission of a parent or guardian to use THE DOMAINS. In any case, you must be a minimum of five years old in order to have an account on THE DOMAINS.

Anyone who claims to be a parent or guardian of another member, who is a minor, may have their account deactivated, and the account of the minor deactivated, in the event it is determined such a claim is a misrepresentation. Further, said misrepresentation may be immediately reported to authorities if it believed there is a danger to any user of THE DOMAINS, whether said user is a current, former or future account holder.

You may not solicit other users for purchases of any items whatsoever. MY GIFT WIRE retains all advertising and sales rights on THE DOMAINS.

You may not collect information about other users in any way.

You may not post any content that is sexually explicit in nature, including any content that may be considered sexually offensive, illegal or show sex acts, either directly or implied. Posting of any content of a sexual nature may be cause for immediate suspension or permanent deactivation of your account.

You may not use THE DOMAINS if you are a registered sex offender.

MY GIFT WIRE makes available access to other users' accounts and information completely voluntary, and you have the right to prevent users from viewing your information, except that rudimentary information that may be displayed to permit other users to find their family and friends who may have accounts on MY GIFT WIRE.

You will not upload any virus, trojan, worm or other malicious code or content that may be harmful to THE DOMAINS, servers hosting THE DOMAINS, users' computer or users' mobile devices, including, but not limited to, laptop computers, portable digital assistants, cellular telephones, smart phones, and content playback systems, including iPods, Zunes or other similar devices.

You may post links on THE DOMAINS; however, those links must be limited to bonafide websites or domains that market or sell items you are seeking to buy or have purchased on your behalf, in accordance with the spirit of MY GIFT WIRE and the terms set forth herein.

You may not post links to any sexually explicit domain or to any website that hosts any pornographic or sexual content of any kind.

You may not post links to any website or domain selling alcohol.

You may not post links to any website that purveys or supports the use of any controlled substance or the cultivation or sale of any controlled substance.

You may not post links to any site that offers online gambling or accepts payment for bids or bets on any game of chance of any kind, excluding state-controlled lotteries, lawfully licensed hotels and their casinos or lawfully licensed sports venues operating directly in a jurisdiction, where visitors to the physical property and venue of said hotel or facility are permitted, by law, the privilege to participate in games of chance. However, in no case shall you post any link to any facility that permits betting or bidding for games of chance online.

BLOCKING USERS

MY GIFT WIRE does not block users from specific internet service providers (“ISP's”) or internet provider (“IP”) addresses; however, MY GIFT WIRE, at its discretion and on advice of any counsel retained or representing THE DOMAINS, MY GIFT WIRE or RODAN, block specific users, of specific email addresses, to wit: user@example.com. Further, any user who has signed up for an account with MY GIFT WIRE, who has had their account deactivated for violations of these terms and conditions, will also have their user identification field blocked. The user identification field is selected by the user when they first sign up for an account on MY GIFT WIRE.

CONTENT AND CONTENT DISTRIBUTION

You retain the rights to all of your own, original content. For any content that you may post to THE DOMAINS, you are, by posting said content, implying that you have the rights to distribute that content or information, and you are giving MY GIFT WIRE permission to further disseminate or redistribute that content in accordance with these Terms and Conditions.

By posting any other content to THE DOMAINS that may be covered by intellectual property rights, such as pictures, logos, original writings, video, music, graphics or other content not specifically named herein, you are affirming you have permission to post said content on THE DOMAINS, either express or implied. You further agree to hold harmless MY GIFT WIRE and RODAN for any liability you may incur as a result of the redistribution of said content on THE DOMAINS. You stipulate that you will notify MY GIFT WIRE immediately, for removal, or otherwise remove any content you upload or distribute on THE DOMAINS in the event you receive any notice of infringement or violation of intellectual property rights.

You may view, download, and print contents from THE DOMAINS subject to the following conditions: (1) the content may be used only for information or entertainment purposes; and (2) the content may not be modified or altered in any way. You may not redistribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including but not limited to images, text, page layout, forms or video feeds, of MY GIFT WIRE or RODAN, or any other logo as may be provided by our advertising partners, information sharing partners, or THE DOMAINS, themselves, without the express written consent of MY GIFT WIRE or RODAN. You may not use any logos or other proprietary graphic or trademark as part of a link without express written permission.

You do not acquire any ownership rights to any content on THE DOMAINS. Any unauthorized use terminates the permission or license granted by these Terms of Use.

TRADE DRESS AND SERVICE MARKS PENDING

The appearance of this site may constitute Trade Dress under U.S. Trademark Law, which trade dress is not required to be service or trade marked with the United States Patent and Trade Office ("USPTO") but may be asserted by the owners of THE DOMAINS. The appearance of this site on THE DOMAINS, the colors and appearance of tables and text, the graphics and the overall schema of THE DOMAINS is designed to provide a certain "feel" to users. This constitutes Trade Dress and may not be duplicated without infringing upon the rights of MY GIFT WIRE or RODAN.

COPYRIGHT INFORMATION

THE DOMAINS and the content within THE DOMAINS are the property of MY GIFT WIRE, RODAN or their advertisers or suppliers, and said content is protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with THE DOMAINS are the exclusive property of MY GIFT WIRE, RODAN or their advertising partners. MY GIFT WIRE reserves all rights of THE DOMAINS and their content not specifically granted in any agreements with RODAN, its advertising partners or by these Terms of Use.

COPYRIGHT COMPLAINTS

MY GIFT WIRE and RODAN respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

THIRD-PARTY WEBSITES AND THIRD-PARTY INFORMATION

THE DOMAINS may provide hyperlinks to third party websites or access to third party content, which content may also be embedded on THE DOMAINS. Neither MY GIFT WIRE nor RODAN controls, endorses or guarantees content found on such sites. You agree neither MY GIFT WIRE nor RODAN is responsible for any content, associated links, resources, or services associated with a third-party website. You further agree neither MY GIFT WIRE nor RODAN shall not be liable for any loss or damage of any sort associated with your use of third-party content. Links and access to these sites are provided for your convenience only, and same may be modified at any time without prior notice.

DISCLAIMER

ALL CONTENT, SERVICES, PRODUCTS AND VIDEO PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MY GIFT WIRE, RODAN, THEIR ADVERTISERS, SUPPLIERS, VENDORS AND THIRD-PARTY INFORMATION PROVIDERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF INFORMATION ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. RODAN DOES NOT OFFER ANY WARRANTY AGAINST DAMAGES RESULTING FROM YOUR USE OF THE DOMAINS AND THE CONTENT PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE DOMAINS, THE CONTENT THEREON AND FOR ANY LOSS THAT MAY RESULT FROM YOUR USE AND APPLICATION OF SAME. MY GIFT WIRE AND RODAN DO NOT WARRANT THE CONTENT OF THE DOMAINS, OR ANY PRODUCTS AND SERVICES OFFERED ON THE DOMAINS, WILL MEET YOUR REQUIREMENTS.

NOT MY GIFT WIRE, RODAN, NONE OF THEIR SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, ADVERTISERS, VENDORS, AND LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF MY GIFT WIRE, RODAN OR ANY OF THEIR SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, ADVERTISERS, VENDORS, AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to defend, indemnify, and hold harmless MY GIFT WIRE and RODAN, their employees, their attorneys, and their agents ("INDEMNITIES") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the INDEMNITIES may incur (a) in connection with your use of THE DOMAINS or any hyperlinked website or (b) resulting from content you supply.

APPLICABLE LAW AND VENUE

All matters relating to your access to and use of THE DOMAINS shall be governed by U.S. federal law or the laws of the State of Florida without regard to any conflict of law principles. Any legal action or proceeding relating to your access to or use of THE DOMAINS shall be instituted in the 17th Judicial Circuit, in and for Broward County, Florida, or the United States District Court for the Southern District of Florida, in Fort Lauderdale, Florida.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

CONTACT INFORMATION

If you have any questions regarding these Terms of Use, please contact the duly appointed registered agent of MY GIFT WIRE at notify@mygiftwire.com