Welcome to GiftCodeRelief.com, Giftz.com and our associated Giftz mobile applications (collectively, the "Site" or "Giftz" ), an online marketplace for gift cards run by Rewards Media, Inc. ( "we" ,"our" , "us" or "Giftz Marketplace" ). Giftz allows you ( "user" , "consumer" ,"Member" , "guest" , or "you" ) to store, redeem, purchase, gift and sell gift cards, merchandise credits, vouchers, gift codes and other similar pre-paid closed-loop products in electronic and physical form (collectively, "Gift Cards" ).
2. Registering, Eligibility and Member Account
We permit limited access to Giftz and services available on Giftz to guests and visitors who have not registered a Member Account. In order to access all of the benefits of Giftz, including the ability to buy and sell Gift Cards, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) provide and maintain a valid and current credit card on file at all times if you sell Gift Cards on Giftz, (iv) select a security code for your Member Account that is not easy to guess or hack, and (v) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Giftz immediately if you suspect that your Member Account at Giftz has been hacked or subject to any unauthorized access or use. You agree that Giftz may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Giftz if it determines any information provided is suspect, not accurate or cannot be confirmed.
We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Giftz or any services or Gift Cards offered on Giftz, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Giftz.
3. Promotional Giftz Cash Program
Giftz Cash is a promotional reward program offered by Giftz to its Members. Giftz may offer a variety of Giftz Cash promotional points and reward points (collectively, "Giftz Cash") pursuant to various programs ("Giftz Cash Programs") in connection with the Site.
4. Use of Giftz to Purchase, Sell, Gift, Store, Redeem and Manage Your Gift Cards
(a) Managing and Using Your Gift Cards on Giftz, Gift Card Terms & Conditions and Your Responsibility Related to Gift Cards Stored, Used or Managed on Giftz.. Giftz allows you to more effectively buy, sell, gift, store, redeem and manage your Gift Cards. In addition to Gift Cards purchased on Giftz, Giftz provides you the functionality to store, redeem and manage your other Gift Cards not purchased on Giftz within the Giftz mobile wallet for in-store and online redemption. Giftz provides this e-wallet storage and redemption feature for your convenience of use and you agree that when you add any other Gift Card into the Giftz mobile wallet (or your web account) not acquired on Giftz, that Giftz is not responsible or liable for any of those Gift Cards. Giftz is not responsible for any loss or damage resulting from the loss of any such Gift Card or the use of your Giftz user account or Giftz mobile wallet without your permission (including any Gift Card you have added therein).
Notwithstanding the above, Giftz does offer Buyers on Giftz a 1 Year Money-Back Guarantee under the Return Policy, which ceases to apply to a Gift Card if it is resold on any platform other than Giftz. The 1 Year Money-Back Guarantee may change from time-to-time and, subject to its then current terms, only covers the purchase price of the relevant Gift Card purchased on Giftz. We do not guarantee any associated savings or discount a Buyer may receive in conjunction with the Gift Card purchased on Giftz. The 1 Year Money-Back Guarantee only applies to Gift Cards purchased on Giftz and does not apply to Gift Cards purchased or acquired outside of Giftz that you have chosen to add to your Giftz mobile wallet or Member Account.
For certain Retailer Gift Cards on Giftz, you may be able to transfer Gift Card balances between Gift Cards of the same Retailer. This functionality allows you to transfer Gift Card balances of any Gift Card in your Giftz mobile wallet, whether that Gift Card was acquired on Giftz or whether you simply added a Gift Card outside of Giftz for the purpose of better managing and using your Gift Card. In that circumstance, our 1 Year Money-Back Guarantee may not apply to that Gift Card, as we may no longer be able to identify where the balance came from in the Gift Card you transferred a balance to. Please read our 1 Year Money-Back Guarantee to fully understand how our guarantee applies or does not apply in that particular circumstance. Irrespective of our Guarantee, Giftz is never responsible for the loss of any Gift Card balance transferred from a Gift Card not purchased on Giftz, whether in the event of a Gift Card being closed by a Retailer or otherwise.
Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Giftz.
Giftz is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on Giftz. Giftz is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on Giftz. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Giftz) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. The 1 Year Money-Back Guarantee does not apply in the circumstances that a Retailer ceases to honor its Gift Cards due to its going out of business, into bankruptcy or similar circumstances.
(b) Seller's Representations and Warranties. As a Seller, you represent and warrant that:
Any Gift Card listed for sale on Giftz is a valid and authentic Gift Card and is only being listed for sale on Giftz;
Any Gift Card listed for sale on Giftz is redeemable for the balance stated in connection with the Sale Transaction;
You have not in any way retained a way to redeem the Gift Card after the Sale Transaction;
You are the sole lawful owner of the Gift Card and all interests thereto and that the Gift Card has been obtained in a lawful manner;
If you convert a physical Gift Card to a digital Gift Card on Giftz, you agree to retain the physical Gift Card for 180 days from the Sale Transaction and remit to Giftz upon request;
The Gift Card is not subject to any liens or encumbrances of a third party;
The Gift Card is in your physical possession or, in the case of electronic Gift Cards, in your sole control;
You will only list Gift Cards that can be used or sold in the U.S.; and
You will comply with all other requirements to complete the Sale Transaction, including without limitation, any shipping instructions or procedures required by the Giftz.
(c) General Rules of Conduct on Giftz. By using Giftz and setting up a Member Account, you agree to the following rules when visiting or transacting on Giftz:
You cannot purchase more than $5,000 worth of face value Gift Cards per day;
You cannot list a Gift Card in excess of $2,000 in face value;
Electronic Gift Cards must have a minimum balance of $5 and physical gift cards must have a minimum balance of $10;
The Gift Card must be able to be used within the U.S.;
You may not list a Gift Card for more than its face value;
You may not create more than one Member Account on Giftz;
You must reside in the U.S. and transact any purchase or sale transaction on Giftz only from within the U.S.;
To be a Member of Giftz, you must always maintain a valid and up to date credit or debit card (with available funds) on file with your Member Account;
To be a Seller on Giftz, you must have a valid and current credit card on file with your Member Account;
You may not use or redeem any Gift Card you list for sale on Giftz while it is listed or after it is sold on Giftz;
You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally;
You will not allow your Member Account to have a negative balance;
Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on Giftz;
You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on Giftz; and
(e) Gifting Gift Cards. You are able to electronically gift certain Gift Cards on Giftz to other Members and non-Members. You are responsible for providing the correct information about the gift recipient, including their name, email address and/or mobile phone number, which is used to electronically send the Gift Card to the giftee. Gift Cards sent as gifts are covered by our 1-Year Money Back Guarantee, similar to any Gift Cards bought on Giftz.
As mentioned above, gifts can be sent to other Giftz Members and non-Members alike. If the giftee is a Member who has an existing Giftz account, then the gifted Gift Card will be placed in their Giftz account or mobile wallet, and they will be notified of the gift via email and/or text. If the giftee is not an existing Giftz Member (or has not yet installed the Giftz mobile application), a provisional user account will be set up to securely store the gift card. The giftee will be notified of the gift via email or text. Within the first thirty days of receiving the gift, the giftee will be able to access the gift card details (serial number and pin, plus a printable voucher in some cases) without registering for a Giftz account. As a security precaution, giftees will be required to register for a full Giftz account (as opposed to a provisional user account) to access the digital gift card that has been gifted to them after thirty days have passed.
(f) Gift Card Sale Transaction Verification & Payment Processing. No Sale Transaction is complete, and Giftz will not facilitate the payment of funds to a Seller for a Sale Transaction, until Giftz verifies (i) the balance on all Gift Card(s) associated with such Sale Transaction (to the extent possible), (ii) other details related to the Gift Card(s) sold, (iii) the Buyer of the Gift Card(s) in the Sale Transaction and (iv) the Seller of the Gift Card(s). As a part of the verification process, Giftz may require a Seller or Buyer to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of identification) prior to or after listing Gift Cards for sale. In addition, as a part of the verification process, the Seller authorizes Giftz to charge to the Seller's credit card a $1.00 authorization charge (or such other amount identified to Seller at time of verification on Giftz), which amount will be refunded following successful authorization. Members may also be asked to go through additional security procedures and share additional information to confirm their identity. Giftz reserves the right to reject any Gift Card(s) that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us, our Members, or Retailers. Not all Gift Cards can be sold on Giftz. Giftz accepts no responsibility for any Gift Card listed on Giftz and reserves the right to refuse to process or sell any Gift Card on Giftz and may cancel any Sale Transaction in its sole discretion.
(g) Risk of Loss & Shipping. Giftz accepts no liability for any lost or damaged packages, or packages altered in transit, whether in transit to the Buyer or in return transit to the Seller. You are responsible for properly shipping any physical Gift Cards sold on Giftz to the Buyer of the Gift Card(s), in accordance with our shipping practices found on the Site. When acting as a Seller you agree that until the Buyer receives all Gift Cards associated with a Sale Transaction, you retain title in the Gift Card(s) and remain liable for all risk of loss. Once a Sale Transaction has been confirmed through our confirmation process and the sold Gift Card's title is transferred to the Buyer, the Buyer is then fully responsible for such Gift Card.
(h) Commission and Seller Fees. In connection with all sales of Gift Cards on Giftz, Giftz charges the Seller of a Gift Card a Sales Commission as well as a listing fee for any physical Gift Cards listed and sold on Giftz. The Sales Commission and listing fees (if any) are paid by the Seller from the proceeds of the Gift Card Sale Transaction and are deducted from the sale proceeds prior to crediting the Seller's Giftz account balance. The Sales Commission is fifteen percent (15%) of the Gift Card sale price in the Sale Transaction on Giftz, unless (i) you have negotiated a different Sales Commission rate with Giftz under a separate arrangement or written agreement with Giftz or (ii) Giftz has otherwise informed you of a different commission rate or structure at the time of your entering into a Sale Transaction on Giftz. For physical Gift Cards on Giftz, the listing fee is the greater of $1.00 or 1% of the balance of the relevant physical Gift Card. There is no listing fee associated with electronic Gift Cards sold on Giftz. For example, if you sell a physical Gift Card with a balance of $100 and a sale price of $90, the sales commission is $13.50, the listing fee is $1.00, and Giftz will pay $75.50 to you via your selected payment method upon consummation of the Sale Transaction.
(i) Payment Options & Fees for Buyers and Sellers.
Buyers: When you make a purchase on Giftz, whether on the website or mobile applications, Giftz accepts various forms of payment, including credit cards, debit cards, credit provided by us in your Member Account and Apple Pay, however it is your responsibility to retain the relevant payment card (if any) for purpose of any refund transaction from Giftz. By making the purchase on Giftz, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place on Giftz. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment method cannot be verified, is invalid or is otherwise not acceptable to Giftz, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying and/or selling Gift Cards on Giftz until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on Giftz. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. If you use a crypto currency and it is converted to U.S. dollars and we cancel or reverse your transaction, we are not responsible for conversion of your U.S. dollars to a particular crypto currency. You agree to fully cooperate with Giftz in an effort to resolve any problems we encounter in order to process your requested order on Giftz.
Sellers: Prior to being able to request and receive any cash payment for a Gift Card sold on Giftz, you must set up an ACH Direct Deposit with Giftz or you may also opt to request cash payment via PayPal or receive a physical check, subject to the terms below. Giftz will not make any payments of sales proceeds via any direct deposit feature (or similar feature) of a pre-paid debit card. Under certain circumstances, you may have the ability to receive a credit in your member account/e-wallet to be exclusively used on Giftz, as consideration for the sale of a Gift Card on Giftz. The terms of such credit will be set forth on the Site. In addition, you are required to have a valid credit card on file with Giftz at all times, to enable Giftz to exercise its recourse rights set forth in Section 6(d) below. Upon request from the Seller for any proceeds credited to Seller's account for the sale of a Gift Card and subject to Giftz's recourse set forth in Section 6(d), Giftz will pay the requested amount as follows:
Payment by ACH will be honored at no additional charge;
Payment by PayPal or check may be subject to additional fees identified at the time you select your payment method and PayPal may assess additional charges and fees that Giftz is not responsible for;
All checks will be sent to the address listed as the billing address for Seller's credit card. A $35 fee may be assessed to reissue any check;
Each Seller may make one payment request per day; and
If you sell a certain number of Gift Cards on Giftz, you may be eligible for other payment methods.
5. Authorized Use & Termination of Access.
6. Prohibited Activity.
In connection with using or accessing Giftz (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a "Prohibited Activity" ):
(a) Modify, alter or otherwise make any derivative uses of the Giftz content, trademarks, technology platform or its underlying software, or any portion thereof;
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Giftz technology platform or its underlying software;
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Giftz, including any use of "robots", "scrapers", "spiders", "readers" or similar devices;
(d) Infringe upon or violate the rights of Giftz, its users, third parties or Retailers;
(e) Download, copy or imitate any portion of the Giftz technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Giftz;
(f) Use Giftz in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Giftz;
(g) Attempt to gain unauthorized access to (i) any Member's personal information, personal profile, e-wallet or Member Account or (ii) Giftz and its mobile applications, including but not limited to any Giftz accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;
(j) Interfere with our Site's or our mobile applications' operations, attempt to access or steal any data and information on or related to the Site;
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Giftz Members' security;
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Giftz users or any other similar type of solicitation not approved of by Giftz in writing;
(n) Upload to Giftz images, content or other material that is illegally obtained, in violation of a third party's intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way;
(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Giftz in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;
(p) Seek to access or use Giftz from a country other than the U.S.;
(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Giftz Marketplace, its other members or partners;
(r) Make any fraudulent, improper or false refund request or claim under the Giftz refund policy or any similar customer guarantees provided by us from time-to-time;
(s) To provide any additional information about yourself as a Seller to the Buyer of a Gift Card or otherwise seek to sell Gift Cards directly to any Buyer on Giftz;
(t) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought and/or sold on Giftz: (i) use of a Gift Card by the Seller after sale or in a manner that diminishes the value represented on Giftz; (ii) any sale (or attempted sale) of a Gift Card to multiple parties; (iii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on Giftz; (iv) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards for sale on Giftz or (v) the use of Gift Cards to perpetrate or facilitate any other criminal activity; and
(u) Violate any terms and conditions set forth in the Giftz Cash Terms; and
7. Your Liability - Actions We May Take and Fees We May Assess.
We may close, suspend or limit your access to your Member Account or Giftz (including limiting your access to your funds, your Giftz Cash and/or your Gift Cards, your ability to sell or purchase Gift Cards or request payment from us);
We may refuse to allow you to be a Member or otherwise access Giftz in the future;
We may hold your funds (including any Giftz Cash) if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
We may terminate any of Gift Card transactions on Giftz and withhold any payments associated with such transactions;
We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Giftz with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
We may use information you provide us or related to your activity on Giftz to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Giftz refund policy or member guarantee;
We may take legal action against you; and
We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.
(c) Actions We Take - Holds and Reserves on Funds and your Member Account.
ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account (including any Giftz Cash), under the following circumstances: (A) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on Giftz, (B) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (C) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Giftz, (D) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and (E) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Giftz and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account (or debit your Giftz Cash in your Member Account), you will be informed of such reserve, hold or action. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.
(d) Financial Recourse and Fees We May Assess Against Sellers. AS A CONDITION TO BEING A SELLER ON GIFTZ, YOU HEREBY AUTHORIZE GIFTZ TO: (I) CHARGE YOUR PAYMENT METHOD (CREDIT CARD) ON FILE WITH GIFTZ, (II) DEBIT YOUR MEMBER ACCOUNT ON GIFTZ (INCLUDING YOUR GIFTZ CASH) AND/OR (III) WITHHOLD ANY PAYMENT OWED TO YOU, FOR THE AMOUNTS DESCRIBED BELOW IN THE EVENT THAT ANY GIFT CARD YOU SELL ON GIFTZ IS DETERMINED BY US TO BE AN "INVALID CARD," OR IF ANY GIFT CARD YOU SELL ON GIFTZ IS SUBJECT TO A REFUND UNDER OUR THEN CURRENT REFUND POLICY. All of the following amounts will be charged against the funds and/or credits in your Member Account and/or your payment method on file with Giftz, and you will be liable to us for any amounts that we could not charge due to insufficient funds or credits in your Member Account:
i. Card Refund Fees, Commission and Member Account Adjustments: In the event you sell any Gift Card through Giftz, that we determine in our sole discretion to be an "Invalid Card" (as defined below) or which we determine is subject to our then current money-back refund policy (the 1 Year Money-Back Guarantee), we will charge your Member Account (including your Giftz Cash) and/or your payment method on file with Giftz for the full amount of the proceeds that were credited to your Member Account for the sale of the Invalid Card (the "Sale Price Reversal" ). You also may also be liable for the full Sales Commission relating to the Invalid Card in question, even if we reduced the Sales Commission to less than fifteen percent (15%). In the event you sell an Invalid Card on Giftz, you authorize us to charge your Member Account and/or your payment method on file with Giftz for that Sales Commission or portion thereof necessary to ensure that you are charged for the full Sales Commission associated with such Invalid Card (the "Commission Recovery" ). In addition, Giftz may charge your Member Account and/or your payment method on file with Giftz a "Card Refund Fee" in amount up to the greater of $20 or 15% of the Gift Card sale price for each such Invalid Card.
An "Invalid Card" is any Gift Card that we determine, in our sole discretion: (1) to be invalid or not active for any reason, including without limitation if the Gift Card is determined to be fraudulent, counterfeit, stolen, inauthentic, unusable or non-transferable in any way, or we determine that you have resold, used or invalidated the Gift Card; (2) to be associated with any illegal or fraudulent activity or from an illegal or unauthorized source, (3) had a zero balance when sold by you or has a lower balance than you represented at the time of sale on Giftz; (4) is a different brand from what you represented when selling the card on Giftz; or (5) in the case of a physical Gift Card, was not delivered by you to the buyer on Giftz within 30 days of the date of sale.
ii. Additional Remedies: In addition to the above fees and remedies, Giftz may seek any and all other forms of recourse against a Seller it determines has sold invalid, fraudulent, inaccurate or illegally obtained Gift Cards on Giftz or any Seller who Giftz determined was involved in any illegal or fraudulent activity in connection with its sale of Gift Cards on Giftz. All of our remedies are cumulative.
(e) Our Right to Reverse Refunds. In the event Giftz determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Giftz under our then current refund policy, you authorize Giftz to charge your payment method on file (credit card) with Giftz or debit your Member Account (including any of your Giftz Cash) the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Giftz reserves the right suspend or terminate your Member Account on Giftz.
(f) Dispute of any Giftz Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you sold or purchased on Giftz (including the recourse in this Section 6), you may contact Giftz Member Services (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought or sold on Giftz was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Giftz in any such further investigation and to only provide us with full and truthful information. Giftz will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Giftz's determination after such additional investigation (to the extent possible) is final.
8. Delinquent Payments, Negative Accounts & Giftz Recourse.
If your Member Account becomes past due (or negative) for any reason, your Member Account will be subject to a late payment charge of 1.5% for each thirty (30) day period it is past due, on the balance of the past due amount or the highest amount permitted under applicable law, whichever is lower (the "Late Payment Fee" ). This Late Payment Fee will be charged to your Member Account on the last day of each month your Member Account has a negative balance. For Member Accounts with any amounts past due, Giftz may also deduct the amount owed (plus any accrued Late Payment Fees) from your payment method on file with Giftz or debit such amounts from any proceeds (or credits or Giftz Cash) on current or future Gift Cards sold by you on Giftz under your Member Account or any other Member Account we identify as yours or related to yours. In addition, we may close or suspend your Member Account for nonpayment or an outstanding negative balance, and you may be responsible for collection and related legal costs we incur. We may also first deduct any amounts (including Late Payment Fees) you owe us from any amount we owe you under your Member Account or any related Member Accounts. In the event your Member Account is suspended or terminated for any reason, any amount due on your account will be immediately due and payable. Closing of Member Accounts or opening and maintaining more than one Member Account does not alter your total liability to us, and we may combine amounts due to us from multiple Member Accounts. We may report information about your Member Account to credit bureaus, law enforcement or Retailers, so late payments, missed payments, or other defaults on your account may be reflected in your credit report.
9. Intellectual Property & Trademarks.
All trademarks not owned by Giftz that appear on this Site are the property of their respective owners. Reference to any products, services, merchants or retailers available on Giftz does not constitute or imply any endorsement, sponsorship or recommendation by Giftz. Furthermore, Giftz is not the issuer of any of the Gift Cards available for sale on Giftz, is not the seller of any secondary Gift Cards sold on Giftz and is not related to any of the Retailers whose trademarks and Gift Cards appear on Giftz for sale.
By posting or uploading any information, content or material to Giftz's Site, you hereby agree to the following:
You hereby grant Giftz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.
You hereby grant Giftz all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
10. Copyright Complaints.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Giftz may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Giftz infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Designated DMCA Agent: Attn: DMCA Copyright Agent, Rewards Media, Inc. Legal Department, 31416 AGOURA ROAD #105, WESTLAKE VILLAGE, CA, 91361, Email: [email protected]
11. Links to Other Websites.
Giftz may link to third-party websites, services, and mobile applications ( "Other Websites" ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.
12. Your Privacy.
13. Electronic Communications.
When you use Giftz or otherwise send emails to Giftz, you are communicating with us electronically and you consent to receive electronic communications related to your use of Giftz, including push notifications. We will communicate with you by email, push notification or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication be in writing. Any notice delivery by Giftz via email will be effective when sent to the email address you provided to Giftz or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Giftz communication to you.
14. Disclaimer of Warranties & Waiver of Claims.
GIFTZ IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON GIFTZ AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) GIFTZ IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, GIFTZ IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR GIFTZ MOBILE WALLET OR USE OF YOUR GIFTZ ACCOUNT OR GIFTZ MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR GIFTZ MOBILE WALLET NOT OTHERWISE ACQUIRED ON GIFTZ) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST GIFTZ RELATED TO SUCH MATTERS.
15. Limitation of Liability.
16. Indemnification & Release.
17. Legal Disputes
You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Giftz; (B) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Giftz's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Giftz will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. Giftz agrees not to seek attorney's fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.
(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Illinois without regard to any conflicts of laws provisions. In the event any Dispute were to proceed in court, you agree that (i) the federal and state courts of the state of Illinois and Cook County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and Giftz irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and Giftz agree to irrevocably waive any right to a trial by jury.
(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.
18. Miscellaneous Provisions
(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.