Terms And Conditions
Overview
Welcome. This website (the “Site”) is operated by Miobly LLC, including through its Giftilized brand and its other brands (together, “Miobly,” “we,” “us,” or “our”). We make the Site, and all of the information, tools, and services available on it (together, the “Service”), available to you on the condition that you accept these Terms of Service (the “Terms”) and all other policies and notices referenced in them.
These Terms apply to everyone who uses the Site, including browsers, customers, vendors, merchants, and anyone who contributes content. Please read them carefully. By visiting the Site, making a purchase, or otherwise using any part of the Service, you agree to be bound by these Terms, including any additional terms and policies referenced here or made available by hyperlink. If you do not agree to all of these Terms, you may not access the Site or use the Service.
Any new features or tools added to the Site will also be subject to these Terms.
By agreeing to these Terms, you confirm that you have reached the age of majority in your state or province of residence. If you allow a minor who depends on you to use the Site, you confirm that you have reached the age of majority and that you are responsible for that minor’s use of the Site.
We may refuse service to anyone, for any reason, at any time.
You understand that your content (not including payment card information) may be transferred unencrypted, and that this may involve (a) transmission over various networks and (b) changes needed to meet the technical requirements of connecting networks or devices. Payment card information is always encrypted when it is transferred over networks.
You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Service, your use of the Service, access to the Service, or any contact on the Site through which the Service is provided, without our express written permission.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any law in your jurisdiction (including copyright law) when using the Service. You must not transmit any viruses or code of a destructive nature. If you breach or violate any of these Terms, we may terminate your access to the Service immediately.
Headings in these Terms are for convenience only and do not limit or affect the meaning of any provision.
We try to keep the information on the Site accurate, but we are not responsible if it is inaccurate, incomplete, or out of date. The material on the Site is provided for general information only and should not be relied on as the sole basis for any decision without consulting primary, more accurate, more complete, or more timely sources. You rely on material on the Site at your own risk.
The Site may include historical information. Historical information is not necessarily current and is provided for reference only. We may change the content of the Site at any time, but we have no obligation to update it. It is your responsibility to keep track of changes to the Site.
Prices for our products may change without notice. We may modify, suspend, or discontinue the Service, or any part or content of it, at any time and without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
Some products or services may be available only online through the Site. These items may be available in limited quantities, and they may be returned or exchanged only in accordance with our Return Policy.
We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your screen will display any color accurately.
We may, but are not required to, limit the sale of our products or services to any person, geographic region, or jurisdiction, and we may do so on a case-by-case basis. We may also limit the quantity of any product or service we offer. All product descriptions and pricing may change at any time without notice, at our sole discretion, and we may discontinue any product at any time. Any offer for a product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material you purchase or obtain through the Service will meet your expectations, or that any errors in the Service will be corrected.
We may refuse any order you place with us. At our sole discretion, we may limit or cancel the quantities purchased per person, per household, or per order. These limits may apply to orders placed under the same customer account, using the same payment card, or using the same billing or shipping address. If we change or cancel an order, we may try to notify you using the email address, billing address, or phone number you provided when you placed the order. We may also limit or refuse orders that, in our sole judgment, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for every purchase made through the Site. You also agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you when needed.
For more details, please review our Return Policy.
From time to time, the Site or the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, and to cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.
Except as required by law, we have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information. A specified update or refresh date on the Site or in the Service does not mean that all information has been modified or updated.
Optional tools. We may give you access to third-party tools that we do not monitor, control, or provide input on. You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, conditions, or endorsement of any kind. We have no liability arising from or relating to your use of optional third-party tools. Your use of these tools is entirely at your own risk and discretion, and you should make sure that you are familiar with and approve of the terms on which the relevant third-party provider offers them.
Third-party links and materials. Some content, products, and services available through the Service may include material from third parties, and third-party links on the Site may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of these materials or websites, and we do not warrant, and have no liability or responsibility for, any third-party materials, websites, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content, or any other transaction, made in connection with a third-party website.
Please review each third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the relevant third party.
If you send us any submissions at our request (for example, contest entries), or if you send us creative ideas, suggestions, proposals, plans, or other material without our request, whether online, by email, by mail, or otherwise (together, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. We have no obligation (1) to keep any Comments confidential, (2) to pay compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms. You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or any third party about the origin of any Comments. You are solely responsible for your Comments and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or by any third party
Your submission of personal information through the Site is governed by our Privacy Policy.
In addition to the other restrictions in these Terms, you may not use the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or take part in any unlawful act;
- to violate any international, federal, provincial, or state regulation, rule, or law, or any local ordinance;
- to infringe or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, or intimidate anyone, or to discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other malicious code that will or may affect the functionality or operation of the Service, any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.
We may terminate your use of the Service or any related website if you engage in any of these prohibited uses.
Copyright. The graphics, text, and other content on the Site, and the way that content is arranged and assembled, belong to Miobly LLC or its content suppliers and are protected by United States and international copyright laws. The software used on the Site belongs to Miobly LLC or its software suppliers and is protected by the same laws. You are welcome to use the Site as a shopping resource, but any other use of the Site, including reproducing, modifying, distributing, transmitting, republishing, displaying, or performing its content, is strictly prohibited.
Trademarks. “Giftilized” and the Giftilized graphics, logos, product names, and service names are trademarks or registered trademarks of Miobly LLC or its affiliates. These trademarks may not be used in any way that is likely to cause confusion among customers, or in any way that disparages, discredits, or dilutes Giftilized, its trademarks, or its goodwill. All other trademarks that appear on the Site belong to their respective owners. You may not use any of these trademarks, trade dress, or trade names without our express permission.
Ownership and use. We retain ownership of all of our intellectual property rights, and you do not obtain any rights in them through these Terms or otherwise, except as expressly stated in these Terms. Other than in the normal course of your use of the Site, you may not use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense any material or content available on the Site. You may not use any third-party intellectual property without the express written permission of its owner, except as permitted by law.
DMCA copyright policy. We respect the intellectual property rights of others and expect our users to do the same. If you believe that the Site, or a user of the Site, has infringed your intellectual property, please notify our Intellectual Property Agent at [email protected] and include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
- Identification of the intellectual property you claim has been infringed.
- A detailed description of the material you claim is infringing, including the URL where it appears, so that we can locate it.
- Your address, telephone number, and email address.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the intellectual property right involved.
- A statement that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free, or that any results obtained from using the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods, or cancel it at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. Except as we expressly state otherwise, the Service and all products and services delivered to you through it are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by law, in no event will Miobly LLC, its brands, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, or claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages. This applies whether the claim is based in contract, tort (including negligence), strict liability, or any other theory, and whether it arises from your use of the Service or any product obtained through it, or from any other claim related in any way to your use of the Service or any product. This includes any errors or omissions in any content, and any loss or damage of any kind resulting from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through it, even if we have been advised of the possibility of such damages.
Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In those states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Miobly LLC and its brands, parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or any document they incorporate by reference, or your violation of any law or the rights of any third party.
These Terms remain in effect until terminated by you or by us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or by ceasing to use the Site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any provision of these Terms, we may terminate these Terms at any time without notice, and we may deny you access to the Service or any part of it. In that case, you will remain liable for all amounts due up to and including the date of termination.
Any obligations and liabilities incurred by either party before the termination date will survive termination for all purposes.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be treated as removed from these Terms. This will not affect the validity or enforceability of the remaining provisions.
If we fail to exercise or enforce any right or provision of these Terms, that failure will not operate as a waiver of that right or provision.
These Terms, together with any policies or operating rules we post on the Site or in connection with the Service, make up the entire agreement and understanding between you and us. They govern your use of the Service and replace any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written, including any prior versions of these Terms. Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
You can review the most current version of these Terms at any time on this page. We may update, change, or replace any part of these Terms, at our sole discretion, by posting updates or changes on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or the Service after we post any changes means that you accept those changes.
Questions about these Terms should be sent to us at [email protected].