The service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your initial use and continued use of the Service constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The giftdoodle Service is a SOCIAL COMMUNICATION Service.
Visiting the Service or sending emails to giftdoodle constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.
USE OF THE SERVICE
giftdoodle allows users to upload and share photos among other giftdoodle users. giftdoodle users represent and warrant that all shared content adheres to the obligations set forth in this Agreement and acknowledges that giftdoodle is NOT liable for any issue that may arise by such sharing of content.
The Content (including any and all intellectual property posted on the Service), may only be used and copied for your own, non-commercial, personal or educational use, provided that the Content is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Content in any way. Unless otherwise agreed, any other use of the Service or the Content without giftdoodle's written permission is prohibited.
The Service and its contents (the "Content") are intended only for users of giftdoodle. Users are allowed to share Content publicly they have created using the giftdoodle services or Content that has been made public by other users on the Service. You are prohibited from using the Service or the Content for any purpose not related to the intended use of the Service. Prohibited uses include, but are not limited to: (i) downloading, copying, or re-transmitting a portion or all of the Service or the Content, without, or in violation of, a written license or agreement with giftdoodle or by other means than those allowed by the Service to third-party social media accounts (assuming the Content is not altered in any way or maintains the appropriate watermark) ; (ii) using any type of data gathering or extraction methods; (iii) manipulating or otherwise displaying the Service or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any party for any giftdoodle product or service if you are not expressly authorized by such party to do so; (v) using the Service or the Content other than for its intended purpose or for any unlawful purpose; (vi) using the Service for any commercial purpose or for any commercial or non-commercial purpose which involves a public display; (vii) interfering with the security of, or otherwise abusing the Service or any system resources, services or networks connected to or accessible through the Service.
giftdoodle does not allow children under the age of eighteen (18) to use the Service without their parent or guardians permission. If you are under the age of eighteen (18), you must ask your parent or guardian for permission to use this webService. By using this Service you represent and warrant that you either are eighteen (18) or older or have received your parent's or guardian's permission to use the Service. giftdoodle has no liability for users under this age that use the Service against this provision.
If you use this Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that giftdoodle is not responsible for third party access to your account that results from theft or misappropriate use of your account. giftdoodle and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Service contains links to other webServices ("Linked Services"). The Linked Services are not under the control of giftdoodle and giftdoodle is not responsible for the contents of any Linked Service, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. giftdoodle is providing these links to you only as a supplement to the giftdoodle service, and the inclusion of any link should not imply endorsement by giftdoodle of the Service or any association with its operators beyond the endorsement of webService to supplement the giftdoodle service.
Certain services made available via giftdoodle may be delivered by third party Services and organizations. By using any product, service or functionality originating from the giftdoodle Service domain, you hereby acknowledge and consent that giftdoodle may share such information and data with any third party with whom giftdoodle has a contractual relationship to provide the requested product, service or functionality on behalf of giftdoodle users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
As a condition of your use of this Service, you warrant to giftdoodle that you will not use the Service or Content for any purpose that is unlawful, including but not limited to, money laundering, and/or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any Content or other materials or information through any means not intentionally made available or provided for through the Service. Any use of this Service to spam other users, advertise or otherwise promote any object or person or entity through any means is STRICTLY PROHIBITED.
Users who upload images represent and warrant the following: (i) Uploading User is the owner of the copyright to all Content submitted to giftdoodle; (ii) The Content does not violate any laws or the rights of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to publicity; (iii) The Content has not been submitted with the intent to harass, threaten, bully, embarrass, or cause distress, unwanted attention, or discomfort upon another person or entity; (iv) The Content is not unlawful, discriminatory, libelous, slanderous, defamatory or sexually explicit. giftdoodle may accept or reject any uploaded Content at its sole discretion.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of giftdoodle or its suppliers or licensors/ contributors and is protected by copyright and other laws that protect intellectual property and proprietary rights. Unless otherwise agreed, you agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
By uploading Content to the giftdoodle Service and using any of the Communication Services on the Service, you understand your Content may be shared or used in any manner by giftdoodle users or other third parties. giftdoodle has listed non-permissible uses herein, but claims no responsibility for any sharing of Content by users with third-party organizations (including, but not limited to charity organizations and social networks), any mis-use of the Content by the Users or any continued use of the Content by the Users in instances where you request giftdoodle to discontinue use of the uploaded Content.
USE OF COMMUNICATION SERVICES
The Service may contain bulletin board services, sharing options, chat areas, groups, forums, communities and/or other message or communication facilities designed to enable you to communicate and broadcast with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, bully, stalk, engage in conversations of a sexually explicit nature, engage in terror activities, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload any files that contain software or other material protected by intellectual property laws (by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
giftdoodle has no obligation to monitor the Communication Services. However, giftdoodle reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. giftdoodle reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
giftdoodle reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in giftdoodle' sole discretion. Specifically, giftdoodle may report communications regarding possible terror activities or communications of a sexually explicit nature to the authorities.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. giftdoodle does not control or endorse the content, messages or information found in any Communication Service and, therefore, giftdoodle specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized giftdoodle spokespersons, and their views do not necessarily reflect the views of giftdoodle.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
THIRD PARTY ACCOUNTS
You may be able to connect your giftdoodle account to third party accounts to share both Content and the result of the use of Communication Services. By connecting your giftdoodle account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party Services). If you do not want information about you to be shared in this manner do not use this feature.
The Service is controlled, operated and administrated by giftdoodle from our offices within Munich, Germany. If you access the Service from a location outside Germany, you are responsible for compliance with all local laws. You agree that you will not use the giftdoodle Content accessed through the giftdoodle Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless giftdoodle, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of or inability to use the Service or Services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. giftdoodle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with giftdoodle in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIFTDOODLE AND/ OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
GIFTDOODLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GIFTDOODLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and giftdoodle as a result of this agreement or use of the Service. giftdoodle's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of giftdoodle's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by giftdoodle with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, or specified in writing by all parties involved, this agreement constitutes the entire agreement between the user and giftdoodle with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and giftdoodle with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
If you believe that your work has been copied and is/was available as Content on the giftdoodle Service in violation of any copyright law or other intellectual property law, please provide giftdoodle with a written email communication including the following: (i) a description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located or was locate on the giftdoodle Service; (iii) your address, telephone number, and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and (vi) an your electronic signature or the electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property owner's behalf.
CHANGES TO TERMS
giftdoodle reserves the right, in its sole discretion, to change the Terms under which the giftdoodle Service is offered. The most current version of the Terms will supersede all previous versions. giftdoodle encourages you to periodically review the Terms to stay informed of our updates.
The Service is controlled, operated and administered by giftdoodle from within Munich, Germany. The Service can be accessed from any country around the world. As each jurisdiction has laws that may differ from those of Germany, by accessing this Service, you acknowledge and agree that all matters relating to the use of the Service shall be governed by the laws of Germany applicable therein. Use of the Service may be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
giftdoodle welcomes your questions or comments regarding the Terms: contact us.
Effective as of August, 10th 2014