TERMS & CONDITIONS
GIFT WRAP MY FACETM LLC (“GWMF”) provides service to you subject to the following Terms of Service, which may be updated by us from time to time without specific notice to you. These Terms of Service apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Please read these Terms of Service carefully. By using and/or visiting the Giftwrapmyface.com website or any other websites or pages owned or controlled by GWMF (collectively the “Website”), you consent to both these Terms of Service and our Privacy Policy [link], which is incorporated by reference. GWMF cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service.
Rules of Conduct
The following Rules of Conduct apply to your use of the Website and our other services, and to any User Submissions. You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. In addition, when using our Website or other services, you may not:
Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Infringe or violate any patent, copyright, trademark, trade secret or other property right;
Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Do anything that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
Upload or promote software or services that deliver unsolicited e-mail; or
Upload anything that contains a virus, Trojan horse, worm, time bomb, cancelbot or other harmful programming routine. You may not, except with prior written authorization from GWMF, or in a specially designated area, use the Website to:
Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
Engage in commercial activities within GWMF;
Use GWMF content to engage in commercial activities;
Use GWMF’s website or content to promote any product or service of anyone who competes with GWMF;
Harm minors in any way;
Solicit personal information from anyone under 18;
Provide false or deceptive information;
Delete, add or otherwise change User Submissions or other content when you have not been granted the privileges to do so; or
Allow usage by others in such a way as to violate GWMF’s Terms of Service.
In addition, YOU are solely responsible for the Content and the decision to upload it to the Site. With respect to the Content, you represent and warrant:
- You own all rights, including copyright, in the Content, or you otherwise have sufficient legal rights to use the Content as enabled by the Site.
- It does not contain personally identifiable information about a child under the age of thirteen (13) years that can be viewed by visitors at the Site.
- It does not disseminate another person's personal information without his or her permission and does not disclose confidential information of a third party.
- It does not promote unlawful activities.
- It does not violate the privacy rights (including publication of private facts, intrusion into a place of seclusion, portrayal in a false light, or false endorsement), or rights of publicity of any person.Intellectual Property Infringement
GWMF respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with GWMF and the Website, including if you access GWMF services via a Third Party Platform (defined below), you may not post any User Submission or Design that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. GWMF reserves the right, in its discretion, to remove any User Submission or reject any Design if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights.
If you believe that any User Submission or Design infringes your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm these requirements with respect to copyright claims):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of any copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (including URLs to access the material).
4. Information reasonably sufficient to permit us to contact you about your complaint, such as an address, telephone number, and, if available, an email address.
5. 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 applicable law.
6.A statement, sworn under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Intellectual Property Complaints GWMF
Email:info@GiftWrapMyFace.com
Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Our Intellectual Property Rights
All content on the Website, including without limitation, the text, code, fonts, graphics, User Submission, designs and photos created by and for GWMF, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GWMF, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of GWMF or as expressly provided herein. GWMF reserves all rights not expressly granted in and to the Website and the Content contained therein.
The GWMF Website is © 2014, GWMF.com – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of GWMF. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content.
All of the GWMF trademarks are owned by GWMF and may not be used for any purpose without the prior written permission of GWMF. All other trademarks are owned by third parties, and may not be used for any purpose without the prior written permission of such parties.
Modifications to the Website
GWMF reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. GWMF shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices.
Termination
GWMF may, in our sole discretion and without prior notice, immediately terminate your GWMF account and access to the Website and any other GWMF services. Cause for such termination shall include, but not be limited to: (a) breach or violation of any of these Terms of Service, and/or other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) request of the account owner or its authorized agent; (d) extended period of inactivity; (e) engagement by you in fraudulent or illegal activities; and/or (f) nonpayment of any fees owed by you in connection with the Website or any other GWMF product. Termination of your GWMF account will include: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions or Designs associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that GWMF shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GWMF, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF GWMF, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.
GWMF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY GWMF PRODUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
GWMF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY WEBSITE OR OTHER PROMOTION, AND GWMF WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GWMF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
IN NO EVENT SHALL GWMF, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF GWMF, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY OF OUR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GWMF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by GWMF from its facilities in the United States of America. GWMF makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Website may contain links to third party websites that are not owned or controlled by GWMF. GWMF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release GWMF from any and all liability arising from your use of any third-party website.
Indemnity
You agree to defend, indemnify and hold harmless GWMF, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of GWMF, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
You affirm that (i) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (iii) you understand and will comply with all of these Terms of Service.
GWMF is not intended for children under 13. If you are under 13 years of age, then please do not use the GWMF Website.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by GWMF without restriction.
General Terms
These Terms of Service are agreed in accord with the law of California, within the United States. You agree that any dispute related to our Website or other services must be brought in the appropriate state or federal court located within San Francisco, California. If any provision of these Terms of Service is deemed invalid by such court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GWMF’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GWMF reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
Violations of These Terms of Service
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to info@GWMF.com. Please state the reasons for your concern and provide a copy or a link to the User Content, Design or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, GWMF in its sole discretion may investigate the matter and take such action as GWMF determines to be appropriate.
Review of Proofs is Your Responsibility
We provide best-in-class online tools for you to design, personalize and review your order before submission. Because of the personalized nature of our products, we are unable to accept returns. So we encourage you to take great care to ensure your satisfaction with each order before printing.
Website Access
GWMF grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and v) you will otherwise comply with all terms and conditions of these Terms of Service. GWMF reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify GWMF of any unauthorized use of your password or account or any other breach of security.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If GWMF suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more requests to our servers than a human can reasonably produce in any period of time by using a conventional on-line web browser. Notwithstanding the foregoing, GWMF grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
Third Party Platforms
It may be possible to access the Website via a third party social network or email service,, including but not limited to Facebook or Facebook Connect (“Third Party Platforms”). Access to the Website via a Third Party Platform may only be granted, once you explicitly allow it, through an interface provided by the Third Party Platform. Third Party Communications then may be allowed via the Third Party platform.
If you access the Website via a Third Party Platform then certain activity or actions you take on the Web Site may be viewable as a “story”, “feed”, or in a “stream”, “message”, “timeline”, or “user action story” on that Third Party Platform, and thus may be searchable or viewable in other online locations also. You may be able to control or change the “stories” that can be published on the Third Party Platform by modifying your settings on that site. We have no control over and are not liable for Third Party Communications or for use of any Third Party Platform, including without limitation the “stories” or “feeds” published by Third Party Platforms.
If you access the Website via a Third Party Platform then all data collected, accessed or stored from that third party, or content shared back to or used by that third party, will be collected, shared or used in compliance with the terms and policies of that Third Party Platform.
As we do not have control over the user interface provided by Third Party Platforms, we do not take any responsibility for any changes or problems with the interface or exchange of information provided by any of them. We have no control over the privacy policies of Third Party Platforms. Neither do we have any control over or responsibility for the information or content collected by such websites and platforms. If you access the Web Site through a Third Party Platform then we encourage you to become familiar with the privacy policies and practices of that site or platform.
By submitting User Submissions to GWMF via a Third Party Platform, you hereby grant GWMF a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including but not limited to your Third Party Platform profile information, photos, profile picture, and certain other information, in connection with the Website and GWMF’s (and any of its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works we may create) in any media now known or hereafter developed.
You hereby represent, warrant and guarantee that you own the intellectual property rights, or have prior written consent to submit or post material protected by an intellectual property right of another, including but not limited to copyright, attached to any User Submission, including a Third Party Platform profile photo, submitted to GWMF via a Third Party Platform.
User Submissions (including product reviews)
The interactive nature of postings on GWMF makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by GWMF users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by GWMF, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. GWMF does not provide any confidentiality with respect to any User Submission. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the legality, accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
You retain ownership rights in your User Submissions. However, by submitting User Submissions to GWMF, you hereby grant GWMF a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and GWMF’s (and any of its successors’) business, including without limitation for advertising, promoting and redistributing part or all of the Website (and derivative works we may create) in any media now known or hereafter developed.
If you choose to post User Submissions on our Website, then we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of GWMF reflects your respect for the legal rights of others.
GWMF expressly disclaims any and all liability in connection with User Submissions. GWMF reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.