(Effective as of November 21, 2016)
II. ABOUT THE SERVICE/HOW IT WORKS
Gift Trade operates a web-based platform for (i) sellers to post products of any condition that they wish to sell (“Sellers”) in exchange for Points (defined below) that can be sold to other users for cash, or used within Gift Trade as credits towards purchasing products for sale on Gift Trade. Buyers can purchase products by either buying or earning Points equal to the amount necessary to purchase the product(s) they wish to purchase. Points can be purchased directly from Gift Trade at a rate of $1.00 per 1 Point, or from other Gift Trade users selling their Points at a rate set by the user. By using the Gift Trade platform, customers acknowledge that they understand that they are bartering their products for Points and that Gift Trade as a company itself is not required to facilitate the cashing out of Points. Users are however welcome to cash out their points at any time by selling them to other users of Gift Trade. For further details on how to cash out/sell Points on Gift Trade, please refer to our About Us page.
The Parties – Gift Trade is a trading company that facilitates a trade exchange (“Exchange”) and acts as a clearinghouse and third-party record keeper of barter transactions among its clients, which are persons that wish to barter their goods and services with other clients (“Client” or “you”).
Points - Client will offer its products and/or services to other Clients of Gift Trade for trade credits (“Points”). Exchange members shall not consider or treat Points as legal tender, securities, or commodities, and cannot redeem them from Gift Trade itself for cash. Points refer to an accounting entry with an assigned arbitrary value used by all affected parties. It is understood and agreed that Client may not be considered a creditor of Gift Trade or the Exchange in relation to Client’s ability or lack thereof to utilize, spend, or sell Points in Client’s account.
Trades - To protect all parties and to receive credit for any transaction, Seller must log onto the Gift Trade web site, and the Buyer’s account shall be debited for the amount of the purchase at that time and the funds will be credited to Seller’s account. Buyer shall have sixty (60) days from the issue date of Buyer’s next statement of account balance to object to the accuracy or propriety of a transaction.
III. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Gift Trade. You agree to notify us immediately of any unauthorized use of your password and/or account. Gift Trade will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, or account.
IV. USE RESTRICTIONS.
Your permission to use the Service is conditioned upon the following use restrictions and conduct restrictions: You agree that you will not under any circumstances:
1. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
2. Use the service for any unlawful purpose or for the promotion of illegal activities;
3. Attempt to, or harass, abuse or harm another person or group;
4. Use another Client’s account without permission;
5. Provide false or inaccurate information when registering an account;
6. Interfere or attempt to interfere with the proper functioning of the Service;
7. Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
8. Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
9. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In addition to all other legal rights, Gift Trade reserves the right to remove any content or product at any time with or without notice to you or others. Further, Gift Trade may suspend or terminate your use of the Service at any time with or without notice.
V. POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content and products.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
2. You will not post information that is malicious, false or inaccurate;
3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You understand and agree that any liability, loss or damage that occurs because of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Gift Trade is not responsible for any public display or misuse of your User Content. Gift Trade does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
VI. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Gift Trade, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Gift Trade does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Gift Trade adopt nor endorse, nor is Gift Trade responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Gift Trade. Gift Trade takes no responsibility and assumes no liability for any User Content or Client product that you or any other user or third party posts or sends over the Service. Under no circumstances will Gift Trade be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
VII. LINKS TO OTHER WEBSITES AND/OR MATERIALS
As part of the Service, Gift Trade may provide you with convenient links to third party website(s) (“Third Party websites”) as well as content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”). These links are provided as a courtesy to Clients. Gift Trade has no control over Third Party websites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party websites or Third Party Applications, Software or Content. Such Third Party websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Gift Trade, and Gift Trade is not responsible for any Third Party websites accessed through the website or any Third Party Applications, Software or Content posted on, available through or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party websites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party website or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by Gift Trade. If you decide to leave the website and access the Third-Party websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website.
VIII. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Gift Trade respects the intellectual property rights of others and requests that all Clients do the same. Gift Trade has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are infringers. Gift Trade may terminate access for participants or users who are found to provide or post protected third party content without necessary rights and permissions.
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed because of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Gift Trade, Gift Trade may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Gift Trade’s discretion) be reinstated on the website in 10 to 14 business days or more after receipt of the counter-notice.
IX. LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Gift Trade a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
X. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and Gift Trade names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
XI. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
XII. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
XIII. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GIFT TRADE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Gift Trade MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XIV. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFT TRADE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GIFT TRADE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIFT TRADE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Clients, including Buyers, Sellers, or advertisers of the Service, you release Gift Trade (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Further, you will indemnify and hold Gift Trade (including its officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Services, or your breach of any law or the rights of a third party.
In addition, to the extent permitted by applicable law, neither Gift Trade nor its officers, directors, agents or employees will be liable, and you agree not to hold Gift Trade responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
• the content you provide using the Service;
• your use of the Service;
• viruses or other malicious software obtained by accessing or linking to the Service;
• glitches, bugs, errors, or inaccuracies of any kind in the Service;
• damage to your hardware device from the use of the Service; or
• the content, actions, or inactions of third parties, including items listed using the Service.
Regardless of the previous paragraphs, if Gift Trade is found to be liable, its liability to you or to any third party is limited to the lesser of (a) the amount of fees in dispute not to exceed the total fees, which you paid to Gift Trade in the 3 months prior to the action giving rise to the liability, or (b) $100.
Any claim or dispute at law or equity that has arisen, or may arise, between us relating in any way to or arising out of your use of or access to the Service, or any products or services sold, purchased, or bartered through the Service, will be resolved in accordance with the provisions set forth in this Disputes Section. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the any claim or dispute that has arisen or may arise between you and Gift Trade.
Any disputes or claims that have arisen, or may arise, relating in any way to or arising out of your use of or access to the Service, or any products or services sold, offered, or purchased through the Service shall be resolved exclusively through final and binding arbitration, rather than in court.
Notwithstanding anything to the contrary, any dispute related to the purchase, sale, or barter of an item shall be resolved directly between the Buyer and Seller in accordance with the Seller’s policies and procedures. In no event, shall Gift Trade be directly or indirectly liable for resolving or settling any disputes among Buyers, Sellers, Clients, advertisers, and/or users of the Service.
The fees we charge for using our Service are listed on the website. We may change our fees from time to time by posting the changes on the website 14 days in advance. You must have a payment method on file when selling on Gift Trade and pay all fees and applicable taxes associated with our Service by the payment due date. If your payment method fails or your account is past due, we may (i) immediately suspend or permanently terminate your use of the Service, (b) collect fees owed by charging other payment methods on file with us, (iii) retain collection agencies and legal counsel, and (iv) for accounts over 180 days past due, request that PayPal deduct the amount owed from your PayPal account balance.
Taxes - For U.S. clients only – Use of Points is a taxable event, and each client is solely responsible for declaring and reporting all applicable local, state and federal taxes resulting from trade transactions. Clients yearly sales will be reported to the IRS on Form 1099-B in accordance with federal regulations governing barter transactions. Client agrees to hold Gift Trade harmless for any action Gift Trade takes to comply with applicable laws and regulations. Also, Gift Trade must be informed of any changes in Client’s legal name/number status, reportable on form W-9. Clients outside the U.S. should consult their tax advisor regarding the tax consequences of using trade dollars
XVIII. SELLING; BUYING; PROVIDING CONTENT
When listing an item, you agree that:
• You are responsible for the accuracy and content of the listing and item offered;
• You shall not list or attempt to sell or barter any Prohibited Item(s) listed below.
• You shall ensure that all prospective Buyers of the item(s) you list have received and understand your policies and procedures, including but not limited to your return policies and procedures.
• If a Buyer offer to purchase or exchange your product, you are obligated to respond to the transaction and facilitate the shipping process of the good or goods to the Buyer within 72 hours.
When buying an item, you agree that:
• You are responsible for reading the full item listing before making a bid or commitment to buy;
• You shall not attempt to purchase or barter any Prohibited Item(s) listed below.
• You enter a legally binding contract to purchase an item when you commit to buy an item;
• You have received and understand the applicable sellers’ policies and procedures, including but not limited to their return policies and procedures.
• While we try to offer reliable data, we cannot promise that the items or other content provided through the Service will always be available, accurate, complete, and up-to-date. As a Buyer, you agree that Gift Trade is not responsible for examining or warranting the listings or content provided by third parties through the Service, and that you will not attempt to hold us liable for any inaccuracies.
• Gift Trade is not responsible for honoring or enforcing sellers’ return policies or procedures. All disputes shall be handled directly between you and the applicable seller.
When advertising a product, service, or item, you agree that:
• You are responsible for the accuracy and content of the advertisement, and the product, service, or listing item offered;
• You shall not advertise any Prohibited Item(s) listed below.
Prohibited items include but are not limited to: stolen property, hazardous substances, firearms, firearm parts, ammunition, silencers, tear gas, bombs, explosives, incendiary devices or parts, chemicals and products that could be combined to produce bombs, counterfeit currency, debit cards, credit cards, obscene materials, illegal telecommunications, anything that could be used to harm, harass or embarrass individuals, prescription, controlled or illegal drugs or substances.
International Buying and Selling; Translation
The Service is accessible to international Sellers and Buyers. Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. Sellers may restrict international Buyers from purchasing their items by explicitly excluding international shipping from listings and applying an exclusion list to listings. All purchases shall be in U.S. dollars.
When providing content using the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise any and all intellectual property rights you have in that content, in any media known now or developed in the future. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so. You represent and warrant that such content is accurate. You represent and warrant that use of any such content by us does not and will not infringe any intellectual property rights of any third party.
Returns and Cancellations; Money Back Guarantee
Customers have 90 days from the date of purchase to return any item for a full money-back, no questions asked, guarantee. Buyers will be required to pay for return shipping.
XIX. GENERAL TERMS