Terms of Use

Giftbug is a product of and provided to you by Two-Eyed Designs, LLC. These Terms of Use govern your access to and use of giftbug and by using this site, you agree to be bound by these terms and conditions of the most current version. If you do not agree to be bound by this agreement, do not use this site.

These terms and conditions may be amended by us from time to time without notice to you. You can review the most current version of the terms and conditions at any time on this site.


Use of giftbug

Use of giftbug is a binding contract with Two-Eyed Designs, LLC and a binding contract with these Terms of Use and all applicable laws of the Commonwealth of Pennsylvania. Giftbug is controlled and operated from the United States, and we make no representations that it is appropriate or available for use in other locations.

If you are a parent or guardian and you provide your consent to your child’s registration with this site, you agree to be bound by these terms and conditions in respect to your child’s use of the site. To comply with the Children's Online Privacy Protection Act (COPPA), children under 13 years of age should not open their own account. Gift lists for children under 13 years of age may be maintained by a parent or other adult in their own account, or an account they open and maintain on behalf of the child under 13 years old.

If you open an account on behalf of another person or entity, then you warrant that you are authorized to grant all permissions and you agree to the terms of use on their behalf.

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable license to use our product.


Your Content

Two-Eyed Designs, LLC allows you to post content including photos, comments, website links and other material. You retain all rights in, and are solely responsible for, the content you post to giftbug.


Proprietary Rights

You may not use the site in any way that is inappropriate, unlawful, or harms us or any other person or entity as determined in our sole discretion.

All trademarks, slogans, trade names, and images are property of Two-Eyed Designs, LLC. Except as we specifically agree in writing, no content from the site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the site. The copyright in all material provided on this site is owned by Two-Eyed Designs, LLC. All other trademarks not owned by Two-Eyed Designs, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Two-Eyed Designs, LLC.

We may change the site or delete content or features at any time, for any reason.


Submitted Materials and Third-Party Links

Users may post content that includes links to third-party websites or services not owned or controlled by Two-Eyed Designs, LLC. We do not endorse nor assume any responsibility for any third-party sites, information, materials, products or services. If you access any third-party website, service or content from giftbug, you do so at your own risk and you agree that Two-Eyed Designs, LLC will have no liability arising from your use or access.


Monitoring of Content

Two-Eyed Designs, LLC reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. Two-Eyed Designs, LLC, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Two-Eyed Designs LLC deems inappropriate or that violates any term or condition of this agreement. Use of this site, authorized or unauthorized, constitutes consent to such monitoring.


Termination

We may immediately terminate these terms of use with respect to you (including your access to the site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these Terms of Use. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.


Indemnity

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s); you are responsible as well for all activities that occur under your account(s). You hereby agree to indemnify and hold harmless Two-Eyed Designs, LLC and it’s officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our website, (b) your user content, or (c) your breach of any of these terms.


Disclaimer

All included content is provided on an "as is" basis without warranty of any kind, whether express or implied.

TWO-EYED DESIGNS, LLC SPECIFICALLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT GUARANTEE THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We take no responsibility and assumes no liability for any content that you or any other user or third party posts or transmits using our website. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWO-EYED DESIGNS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TWO-EYED DESIGN, LLC AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).


General Provisions

Subject to the requirements of applicable consumer rights and other laws, these terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the laws of the United States, without giving effect to any principles of conflicts of law. Any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Pennsylvania, without reference to conflict of laws principles.


Severability

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.


Entire Agreement

These terms and conditions constitute the entire agreement between you and giftbug in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.