By using the Given.to web site ("Service"), or any services of Given Inc. ("Given.to", "we" or "us"), you are agreeing to be bound by the following terms and conditions ("User Agreement").
Changes to the User Agreement
Given.to reserves the right to update and change the User Agreement from time to time without notice and at its sole discretion.
Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Given.to reserves the right to update and change the User Agreement by posting updates and changes to the this page. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You can determine when this User Agreement was last revised by referring to the "Last Updated" date at the top of this page.
Terms of Service
- You must be at least 18 years old or older to use this Service.
- You must provide your full name, a valid email address, and any other information marked as "required" on the registration form in order to complete the registration process.
- You agree not to provide any false personal information, or create an account for anyone other than yourself without permission.
- A single email address and password ("login") may only be used by one person.
- You are responsible for keeping your password secure. Given.to cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and Content (data, graphics, photos, links) that is uploaded under your Service account.
- You must not upload, post, or transmit unsolicited email or other "spam" messages in any form.
- You must not transmit any worms, viruses or any code of a malicious nature.
- You may not use the Service for any illegal or unauthorized purpose.
- You agree to use the Service at your own risk.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
- A breach or violation of any of the Terms of Service as determined in the sole discretion of Given.to will result in an immediate termination of your account.
Violation of Terms
Violation of any of the terms outlined in the "Terms of Service" section above will result in the termination of your Account.
Service Usage Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a member of the Service.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Given.to does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Given.to does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You understand that Given.to uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You retain ownership over all content that you submit to your Service account, however, by making your account public, you agree to allow others to view your content.
Given.to does not warrant that the service will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the Service will be corrected.
You expressly understand and agree that in no event shall Given.to, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Given.to has been advised of the possibility of such damages), resulting from: the use or the inability to use the service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service.
You agree not to involve Given.to in any litigation that occurs due to use of the Service.
The failure of Given.to to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Given.to and govern your use of the Service, superceding any prior agreements between you and Given.to (including, but not limited to, any prior versions of the Terms of Service).
Given.to reserves the right to assign this User Agreement or any part thereof without restrictions.
Questions about the Terms of Service should be sent to our Support Team via our contact form.
Electronic communications from Given.to will be sent to the email address you provide us to inform you of a variety of events that occur related to your account. You agree to allow Given.to to send these communications to your email address. You also agree that Given.to is not liable for any user generated content that is sent to you as a part of these communications.
Reporting Fraud & Abuse
We encourage all users to help us detect instances of fraudulent and/or abusive behaviour on this site. Please use the "Report This Person" link that appears on the bottom left of every user profile to report any such suspected activities.
We will investigate reports of fraud and/or abuse submitted through the process mentioned above and take actions that we deem appropriate in an attempt to resolve the matter. However, we suggest that the individual or organization who has been abused or otherwised infrigned also submit a report with law enforcement authorities in their local jurisdiction.
Collection & Distribution of Gift Contributions
Given.to holds no responsibility for refunding amounts contributed by any user. It is the sole responsibility of users to verify that their contributions are directed to the correct recipient.
It is possible for the total amount of contributions collected for a gift to be greater than the price of the gift. Excess amounts will be distributed to the recipient along with amounts collected for other items on the wish list. It is the sole responsibility of the recipient to manage such excess amounts. Given.to will not refund excess contributions to senders nor does the Service provide such functionality. Furthermore, Given.to holds no responsibility for the use or misuse of said amounts.
Given.to processes payment transactions through 3rd-party payment solutions such as PayPal. The Service is not a chartered banking entity. All funds that are not part of a Service Fee paid to the Service or a fee paid to a 3rd-party payment processor are distributed to the designated recipients.
Given.to reserves the right to charge a service fee for all contributions distributed to you through the use of the Service ("Service Fee"). Users making contributions through use of the Service may also be charged a processing fee by a 3rd-party payment processor such as PayPal. We have no control over the amount charged by such 3rd-party payment processors, which may vary. We can only direct users to PayPal.com for additional information concerning fees charged by PayPal. There is no fee to signup for Given.to.
Currently, the Service Fee for each contribution distributed through the Service is equivalent to 5% of the amount contributed. Each contribution is also subject to an additional third-party payment processing fee, the amount of which may vary.
Changes to Service & Service Fees
Given.to reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The fees charged for Services, including but not limited to fees subtracted from gift contributions distributed through the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service website (Given.to) or the Service itself.
Given.to shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You acknowledge that Given.to makes no claims or promises regarding any and all tax obligations or consequences that may result from your activities as a user of Given.to and the services provided by Given.to. Furthermore, you agree that Given.to has no obligation to maintain records or provide you with documentation of your transactions for tax reporting purposes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are trademarks of Given.to and others. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Given.to or such third party that may own the Trademarks displayed on this website.
Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
Verbal, physical, written or other abuse (including threats of abuse) of any Given.to customer, employee, member, officer, or another user of the Service will result in immediate account termination.
We reserve the right to modify or terminate your Service for any reason, without notice at any time.
This User Agreement constitutes all the terms and conditions agreed upon between you and Given.to and supercedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Given.to are void. You agree and accept that you have not accepted the terms and conditions of this User Agreement in reliance of or to any oral or written representations made by Given.to not contained in this User Agreement.
Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this User Agreement and the application of that provision shall be enforced to the extent permitted by law.
Governing Law and Disputes
This User Agreement shall be governed and construed in accordance with the substantive laws of the United States of America. Any dispute, controversy or claim arising out of or in connection with this User Agreement will be subject to the jurisdiction of the courts of the United States of America, Maryland Circuit Court being the court of first instance.
If you don't want the gift you have received, you can work with the vendor to return the item, assuming the vendor accepts returns for that item.