Terms and Conditions


Binding

By purchasing, booking, redeeming, participating or clicking that you accept these Terms and Conditions of use of Giftioni.com, you agree to a legally binding Agreement ("Terms and Conditions") between you, the user, and Giftioni, Inc. ("Company" "Giftioni," "we," or "us"). Giftioni, Inc. owns and operates the Giftioni.com Website ("Site"). You acknowledge that you have legal authority to enter into this Agreement and in the event of a purchase, you acknowledge that you are authorized to make such payment. "User" includes all visitors to the Site, and those registered with the Site.

BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITE.

We reserve the right to change, modify, add, or remove portions of these Terms and Conditions (“Terms”) at any time. You agree to check these Terms periodically for changes. The Terms can be found at the bottom of the Home Page of the Site. Your continued use of our Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

Giftioni works with third party providers to showcase experiences, and offer these experiences, as gifts for purchase. Giftioni sells gift certificates for the experiences (“Experience”). A gift recipient (“Recipient”) then makes a reservation through our Site and Services for the date and time for the chosen Experience. It is our goal to provide the purchaser of the Experience with an opportunity to enjoy something unique and different. Please be sure to read our Privacy Policy, which outline our policies to respect the privacy and enjoyment of our users.

Descriptions and website content

At Giftioni we are interested to provide you with the information about Experiences to the top of our knowledge. The duration and chronology of every Experience that is stated by Giftioni, if any, is an approximation of the time you will spend at the event. This period may vary depending on weather, location, type of Experience or Experience Provider, and other factors. ANY PICTURES USED IN GIFIONI ADVERTISING AND PROMO MATERIALS, INCLUDING ALL PAGES OF WEBSITE ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT REFLECT SPECIFIC DETAILS OF ACTUAL EXPERIENCE. Giftioni reserves the right to delete, add, edit or otherwise change the description, Terms and Conditions, the prices and images for any Giftioni Experience without any prior notice. The experience provider shall be responsible for the description of the relevant Giftioni Experience, including but not limited to requirements, duration, exact location, waiting periods, instructions that are related to the event,- such as age, height ,physical condition, weather , number of participants (min and max) or other requirements, restrictions and limitations. Giftioni makes reasonable efforts to ensure completeness and accuracy of the material and information contained at www.giftioni.com and supplied with any promotional or packaging and illustrative materials of Giftioni. However, information and material, including pictures, can contain typographical errors or technical incurrences.

GIFTIONI MAKES NO WARRANTIES AS TO ITS ACCURACY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIAL OR CONTENT CONTAINED IN THE WEBSITE. ALL THE MATERIAL AND INFORMATION THAT CAN BE FOUND ON GIFTIONI PRODUCTS, SUPPLEMENTAL MATERIALS, OR WEBSITE, INCLUDING GRAPHICS, TEXTS AND LINKS IS PROVIDED TO YOU “AS IS” WITHOUT PROMISE OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.

Usage

Our Site and Services are designed for those who are over the age of 18. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. Giftioni grants you a limited revocable license to make personal use of our Site and Services in accordance with this Terms and Conditions outlined herein. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. BY AGREEING TO OUR TERMS, YOU AGREE THAT YOU MEET THE LEGAL REQUIREMENTS FOR PURCHASING OR PARTICIPATING IN ANY EXPERIENCE, INCLUDING BUT NOT LIMITED TO MEETING ANY AGE RESTRICTIONS OF THAT EXPERIENCE, (FOR EXAMPLE, THE LEGAL AGE LIMIT FOR CONSUMING ALCOHOL).

Google Maps API

By agreeing with our Terms and Conditions, you also agree to abide by the Terms of Use for Google’s Maps. You understand that Google may have different policies and it is your responsibility to adhere to those policies. For more information, visit Google’s site, http://www.google.com/intl/en_us/help/terms_maps.html http://www.google.com/intl/en-us/help/legalnotices_maps.html, including their Privacy Policy http://www.google.com/privacy.html.

Registration/Purchase, Account and Reservation

In order to purchase a Gift Certificate for an Experience, you may need to register for an account (“Account”). We will ask for your name, address, phone number and email address. You must be of a legal age to enter into this purchase, and to participate in an Experience. You, the purchaser, and the person who received the Gift Certificate (“Recipient”) agree not to provide any false information through the Site, Services, or to third party providers of the Experience. As a purchaser, you agree not to create an Account for anyone other than yourself. Your Account is personal to you, which means that you are not authorized to transfer, loan, give or sell your Account membership. It is your responsibility to keep your Account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any unauthorized use of your Account. You agree to keep your contact, and Account information updated and accurate. You can manage your personal information within the “My Account” section of your Account. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account, please contact us at support@giftioni.com.

Both purchaser and Recipient understand and agree that (i) if you are a Recipient of a gift certificate for an Experience, and you are under the age of 18, your parent or legal guardian must access our Site and Services to make a reservation on your behalf, with you and your parent or legal guardian agreeing to the Terms herein; (ii) you assume all responsibility and risk associated with any Experience, and (ii) you have provided complete and accurate information regarding any limitations that may affect your participation in an Experience, including but not limited any relating to physical, age, or mental limitations.

Giftioni Box, Certificate, and Payments.

Upon payment, your gift Recipient will receive a Certificate in Giftioni gift box , “Giftioni Box”, with a verification code (“Code”). It is the Recipient’s responsibility to ensure the safety of the Certificate and Code. CERTIFICATES ARE VALID FOR ONE YEAR FROM THE DATE OF PURCHASE, UNLESS OTHERWISE INDICATED BY STATE LAW. This means that the Recipient must participate in the Experience before the end of the year period, with that date indicated as the expiration date. If the Recipient is unable to participate in the Experience before this expiration date, he/she must contact the Experience provider and resolve any issues with the provider. Gifitioni is not responsible for any issues regarding your Certificate redemption, beyond providing the technology to calendar in a time and date for reservation. Certificates are not redeemable for cash and are to be used only for the Experience indicated or an Experience of equal or lower price. For information regarding a Certificate, or to verify an expiration date for a Certificate, you may email us at support@giftioni.com or call +1(310)909-7459. Our pricing and features are subject to change, with such notice provided at any time by posting the changes to the Site. Our Certificates are not to be bought for resale. We recognize the importance of your privacy and employ SSL during transactions. We use FirstData as our payment processor. Please refer to their website's Privacy Policy and Terms of Use.

Returns and Exchanges.

Returns and exchanges are Easy and Convenient.

If, for any reason, you are unsatisfied with your purchase from Giftioni Inc. you may return it in its original condition within 30 days for a full refund. No questions asked.

We will process the return even if the box is heavily damaged. $40 restocking fee will apply to returns where original condition is not present. All refunds are made only to the original purchaser by crediting the card that was used for that purchase. Don’t forget to review activation code. We cannot refund a purchase with a tampered protection layer on activation card.

Outside the return and exchange policy, we can exchange unbooked Experiences at any time prior to the expiration date, absolutely free. If the new Experience has a different price, Recipient will agree to either pay the difference in cost for a more expensive Experience, or the recipient will have an unredeemed balance remaining on recipient’s Account. Exchange does not affect expiration date of the original purchase.

Weather conditions.

Because of the nature of certain Experiences, weather conditions may affect participation. Descriptions of Experiences and information at reservation will include recommendations on weather related cancellations by Emotion Provider. IT IS YOUR RESPONSIBILITY TO CONFIRM YOUR RESERVATION WITH EXPERIENCE PROVIDER. Neither Giftioni nor Experience Providers bear no liability for any expenses associated with rescheduled Experience due to weather conditions, including expenses of participants and any invitees. IT IS YOUR RESPONSIBILITY TO INQUIRE ABOUT WEATHER RELATED CONSIDERATIONS, INCLUDING BUT NOT LIMITED TO TYPE OF CLOTH AND EQUIPMENT. Provision of the experience is at full discretion of the Experience Provider. If Experience Provider cancels Experience due to weather conditions, Participant will be able to reschedule that Experience directly with experience provider.

Travel

The cost of Experience does not include travel, transportation to and from the specific location of the Experience, meals, accommodations, fuel or other travel-related events of participant or any guest of participant. Each and every participant and all the friends invited by participants, are responsible for making arrangement for their travel. Arrangements include nut not limited to passport and other travel documentation requirements, time planning and others. Giftioni is not responsible for any damages or losses of any kind whatsoever that may result from travel to any Experience location or preparation for any Experience event by any Participant or any invitee of Participant.

Provider Cancellations.

Besides cancellations due to weather conditions, Experience Providers can cancel Experiences under other circumstances, including but not limited to equipment malfunction, mechanical problems or equipment complications, venue issues, no shows of Experience participants such as celebrities. In such events, Recipient should be entitles to re-booking or exchanging relevant Experience as stated in this Terms and Conditions. Giftioni is not responsible under any circumstances for any losses, damages, expenses or liabilities Participants incur, including invitees who do not participate, in connection with a cancelled Experience.

Availability of Experience.

All Giftioni Experiences are subject to availability and shall be booked in advance in accordance with the requirements specific to every Experience. GIFTIONI MAKES NO GUARANTEE OR CLAIM AS TO THE AVAILABILITY OF ANY SPECIFIC EXPERIENCE. In the event that Giftioni no longer offers a particular Experience, Recipient will be entitled to exchange this Experience for another Experience of equal value (same price). In the event of in climate weather or equipment difficulties resulting in a cancellation or change in the day or time, Recipient and the Experience provider must work together to resolve this issue, according to the Experience provider’s terms and conditions. Both Giftioni and the Experience provider reserve the right refuse to provide any Services or Experience to any Recipient or associated participant invited by Recipient for any reason. IT IS YOUR RESPONSIBILITY TO READ THE EXPERIENCE PROVIDERS’S TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO AGE RESTRICTIONS, AND TO INQUIRE ABOUT WEATHER RELATED CHANGES OR CANCELLATIONS THAT MAY AFFECT YOUR EXPERIENCE. If you have questions or concerns, please email us at support@giftioni.com.

Transfer of the Giftioni Experience.

You may transfer your Experience to any third party prior to the booked date of the Experience. Any such assignee will be subject to the legal requirements of these Terms, and any terms provided by the company providing the Experience.

Security.

We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. Our third party service provider employs SSL during your order processing. We do not store your financial information.

Intellectual Property and Copyright Notice.

Our Site is controlled and operated by Giftioni, Inc. Our software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, video files, code, logos, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us; and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of Giftioni. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such Intellectual Property. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that: disparages or discredits the Site, Services, third parties, or users; is likely to cause consumer confusion; or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the Intellectual Property, including copyrights, patents and trademarks, on our Site, please email us at copyright@Giftioni.com. Giftioni reserves all rights other than those expressly granted herein.

Rights and Restrictions on Use.

You shall use the Site and Services for lawful purposes only. You agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by us. You shall not submit or transmit any material that (i) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights: (ii) is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, immoral, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains or implies false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent.

Linking To Site.

Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site does not imply a recommendation or endorsement by the company of the linked website. Please refer to the terms of use and privacy policy for each site visited.

Mobile Access.

Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

Breach.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, or indefinitely terminate your registration and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.

DISCLAIMER OF WARRANTIES.

THE MATERIALS, INFORMATION, SERVICES, AND EXPERIENCES OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY GIFTIONI. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE, SERVICES, AND EXPERIENCES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIFTIONI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE, SERVICES AND GOODS. GIFTIONI DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT GIFTIONI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, GIFTIONI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, SERVICES, OR EXPERIENCES EITHER BY GIFTIONI, OR THIRD PARTIES PROVIDERS. GIFTIONI ASKS THAT YOU REVIEW THE COMPANY POLICIES FOR ALL THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE TERMS AND CONDITIONS, PRIVACY POLICY, AND SPECIFIC EXPERIENCE TERMS PROVIDED BY THIRD PARTY PROVIDERS. YOU AGREE THAT NEITHER GIFTIONI, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY SERVICE, INFORMATION, OR EXPERIENCE PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES, AND EXPERIENCES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GIFTIONI, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, (INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE AND ANY SERVICES PROVIDED BY GIFTIONI. THE ENTIRE LIABILITY OF GIFTIONI, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Giftioni reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Giftioni in the defense of any such claim, action, settlement or compromise negotiations, as requested by Giftioni.

GENERAL RELEASE.

IT IS THE USER’S, PURCHASER’S AND RECEPIENT’S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SERVICES AND PARTICIPATING IN EXPERIENCES. YOU, NOT GIFTIONI, BEAR FULL AND SOLE RESPONSIBILITY FOR ONLINE AND OFFLINE ACTIVITY RELATED TO OR ARISING FROM THE GIFTIONI SITE AND SERVICES, AND EXPERIENCES. IF A DISPUTE ARISES, OR LIABILITY OCCURS, THAT INVOLVES AN EXPERIENCE PROVIDER, OR OFFLINE ACTIVITY, YOU RELEASE GIFTIONI, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND ADVERTISERS FROM CLAIMS. We strive to keep the information on our Site up to date; However, IT IS YOUR RESPONBILITY TO COMPLY WITH ALL NECESSARY THIRD PARTY PROVIDER REQUREMENTS AS OUTLINED ON OUR SITE, INCLUDING ANY THIRD PARTY TERMS. Any cancellation due to a recipient’s inability to meet a requirement after booking a reservation is subject to the cancellation and rebooking policies of the Experience third party provider. If you have questions, please contact us at support@Giftioni.com.

Arbitration.

You and Giftioni agree to attempt in good faith to resolve any dispute before commencing arbitration. If you and Giftioni do not resolve the dispute by informal negotiation, any effort to resolve the dispute will be conducted exclusively by binding arbitration conducted by, and according to, the rules and procedures of, the American Arbitration Association (the "AAA"). Information about the AAA, and how to commence arbitration before it, is available at www.adr.org or by calling 1-800-778-7879. The Commercial Arbitration Rules of the AAA will govern the arbitration. If the AAA rules or procedures conflict with the provisions of this agreement, the provisions of this agreement will govern. You may request a telephonic or in-person hearing by following the AAA rules and procedures. You agree to commence arbitration in Los Angeles County. YOU AND GIFTIONI AGREE THAT ANY PROCEED¬INGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR GIFTIONI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION.

You and Giftioni agree that the following disputes are not subject to the above provisions concerning binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of Giftioni’ s intellectual property rights; (ii) any claim for injunctive relief; and (iii) any attempt to collect a debt. Any dispute not subject to arbitration, shall be heard within Los Angeles County, and both you and Giftioni submit to the exclusive personal jurisdiction of the state and federal courts located within Los Angeles, and the Southern District of California.

Minors and COPPA.

Our Site is directed at those who are 18 or older. If you are under 18, you cannot make purchases or register with our Site. However, you may use our Site on a viewing only basis, if you are 13 or over, but only with the permission and under the supervision of a parent or legal guardian. No one under age 13 should access our Site. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13.

Entire Agreement.

These Terms of Use, incorporating by reference the Privacy Policy, constitutes the entire Agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement.

Assignment and Succession.

Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account holder. No Partnership or Agency. Nothing contained herein shall create a partnership, agency, or joint venture between Giftioni and you.

Termination.

You may cancel your registration at any time by emailing us at support@Giftioni.com. Within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be deleted. We will retain your Personal Information for the purposes outlined herein and within our Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination of your Account, the Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that if your Account is terminated for any reason, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated, you shall indemnify and hold Giftioni harmless for any and all liability that we may incur.

Notice.

Unless otherwise indicated, please direct notices to Giftioni, Inc., 5510 W 102 St, Los Angeles, CA 90045 or send an email to support@giftioni.com. Legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated at our “My Account” page.

Compliance With ADA.

It is our goal to comply with the ADA, making access to our Services available to as many people as possible. We recognize that those with disabilities may have difficulty participating in certain Experiences, and are eager to help you meet your needs and the needs of those of those for whom you purchase an Experience. Please inform us of any related disability when the Experience is purchased, or at the time of redemption of the Experience. If you have any suggestions to make access to our Site and Services easier, please contact us, as we continue to improve our Services and Experiences. For any questions, please contact Giftioni at support@giftioni.com.

These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email not less than thirty (30) days from the effective date of the change. It is your responsibility to review these Terms, including the Privacy Policy, which are available at www.Giftioni.com.

Copyright 2013 Giftioni™, Inc. All Rights Reserved. Updated May, 2013.

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