Gift of College
Images you upload must be those which you have permission to use and by uploading such Images, you represent and warrant you do and agree to the appropriate terms and conditions. Gift of College™ reserves the right in its sole discretion to exercise editorial control over images.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS HEREINAFTER. IF YOU DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.
GENERAL TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS FOR UPLOADING IMAGES
GENERAL TERMS AND CONDITIONS OF USE
In order to purchase product displayed on this website you will be requested and sometimes required to enter certain information, which includes credit card and related payment and billing information. In the act of providing such information, you warrant that it is both current and accurate. The act of making a purchase (even under consideration that the electronic signoff is somehow avoided), confirms that you agree to pay all related charges (including product, service, shipping & handling, and taxes) incurred by yourself or users of your credit card.
Delivery of Product
FedEx or UPS Shipping must be to a physical address, and may not be sent to a Post Office Box. Physical orders are made pursuant to a third party shipment contract, therefore risk of loss transfers from Gift of College™ after delivery to such shipper. Gift of College™ bears no responsibility for orders canceled or delayed for reasons including without limitation, limited or inaccurate information supplied, or an inability to contact the person that placed the order, or the cardholder for that order. For certain orders additional verification processes may be followed. These processes may lead to a delay in shipping or email delivery of product.
Gift of College™ reserves the right to refuse an order for any reason. Gift cards and certificates can be redeemed at the Gift of College's place of business per the rules and limitations of usage for that Gift of College™. Gift cards and certificates are never valid for prior purchases. Purchases with the Gift of College™ that go beyond the value of your gift card or certificate will be the responsibility of the customer.
Fulfillment of cards will occur directly from Gift of College™. Customers are responsible for notifying Gift of College™ if a certificate has not been received within two (2) weeks of the date notification of shipment was sent, or within sixteen (16) days of purchase.
If you have notified us that the product was not received, and the gift card/certificate has been used an investigation will be conducted. Gift of College™ or InComm Digital Solutions may require that the customer sign an affidavit with a notary public relative to the missing product. To begin an investigation into such an issue, please notify Gift of College™.
Unless otherwise required by law, Gift Cards/certificates Gift of College™ cannot be returned or redeemed for cash. Please contact us if you have concerns or issues regarding a purchase or have questions regarding our return policy.
Lost or Stolen Cards / Certificates
Certificates lost or stolen after having been received will be replaced so long as the card or certificate is still unused within the Gift of College's system, and it is possible to revoke the previously issued card.
If your gift card or certificate has been reported lost or stolen and has been used within the Gift of College's system, an investigation will be conducted. Gift of College™ or InComm Digital Solutions may require that the customer sign an affidavit with a notary public relative to the missing product. To begin an investigation into such an issue, please contact us.
Unless otherwise allowed by law, the gift cards and certificates have no expiration date and no fees.
Trademarks and Use of Web Site Materials
The contents of this Web Site, such as text, data, software, photographs, graphics, videos, music, sounds and other information and material (the "Site Material") is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Gift of College™, or its affiliates or business partners. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site, network, print or networked environment is strictly prohibited.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gift of College™, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES, MAKE NO WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND TO THE EXTENT ALLOWED BY LAW, Gift of College™ DISCLAIMS ALL WARRANTIES REGARDING THIS WEB SITE AND IS CONTENTS WHETHER EXPRESS OR IMPLIED (except as may be set forth in any license or other agreement related to a specific product or service) INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NEITHER Gift of College™ NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR BUSINESS PARTNERS MAY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO THE USER OF THIS WEB SITE OR ANY PRODUCT OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, whether as a result of errors, omissions, loss of data, defects, viruses, interruptions or delays in operation or transmission, or any other cause. This limitation of liability will apply regardless of the legal theories under which relief is sought. Gift of College's AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID TO Gift of College™ FOR SERVICES DURING THE THREE (3) MONTHS PRIOR TO ANY EVENT GIVING RISE TO SUCH LOSS.
TERMS AND CONDITIONS FOR UPLOADING IMAGES
To procure cards with this tool, images you upload must be those which you have permission to use: content which you own or have all necessary rights to use in this manner. By uploading such Images, you represent and warrant you do, and Gift of College™ relies on this. The Terms and Conditions below outline in detail your representation and our reliance. Please read them and agree to the terms by checking the box at the bottom of the page. Gift of College™ reserves the right in its sole discretion to exercise editorial control over images
CONTENT LICENSE AGREEMENT
The following contains important provisions that affect your rights and obligations. After reaching the end of the agreement, by typing "I Agree" or otherwise signifying your acceptance, you accept this Agreement either for yourself, and agree to be bound by its provisions. In the case you are accepting the Agreement on behalf of your employer or an entity that is the End User associated with the account, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not download the Content.
1. Gift of College™ Content Tool and License Agreement
By accessing and using this Site and/or uploading any material, you agree to follow and be bound by these terms and conditions. If you choose not wish to be bound by this Agreement, do not accept this Agreement and do not use this Site or upload or use any Images. All matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Oregon without giving rise to its conflict of laws provisions.
2. License for Use of Images.
Unless otherwise specified in a separate document signed by Gift of College™, you grant to Gift of College™ in the Images a non-transferable and limited license to reproduce the image on Virtual Gift Cards and associated collateral material or promotional materials in print or website format, which shall constitute the full license granted. Additional restrictions or licenses may be contained in a separate agreement between Gift of College™ and you which may contain limitations on your use, medium, time period, print run, placement, size of image, territory, and any other restrictions. This limited license is conditioned upon (i) your meeting all conditions imposed in this Agreement, and (ii) Gift of College's receipt of full payment by you for such use at the amounts invoiced by Gift of College™. Failure to make full payment to Gift of College™ when due shall make voidable any license granted.
3. Use of Images.
"Images" means all images and related informational materials in any medium furnished to Gift of College™ hereunder, including registered trademarks, trademarks, logo, trade name or other such name, designation or media content, related text, captions, or information. Your ability to upload an Image with the Tool does not in itself entitle you to use that Image. Uploading an Image, however, shall constitute acceptance by you of these terms and the limited license of the Image granted to us. All rights and uses not specifically granted are reserved to Gift of College™. You are responsible for complying with all applicable laws and regulations in connection with any use of the Images.
4. Authorized Use / Infringement.
Images are intended for commercial use, specifically to be placed on a card which is to be bought, sold or otherwise conveyed or distributed to a consumer. Without limitation, Images may and will be used for the specific commercial use or to suggest an association or endorsement of a product or service by an individual, entity, or material depicted in an Image, or as a trademark or service mark, lawful purpose or use.
You agree not to upload an image for any unlawful purpose or use or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of Images, or suspicion of such, or any use different then provided by the License Agreement or an invoice constitutes copyright infringement and shall entitle, but not obligate, Gift of College™ to exercise all rights and remedies hereunder and under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images.
A written complaint to Gift of College™ regarding such suspected unauthorized use of Images, shall entitle, but not obligate, Gift of College™ to suspend any order until a determination on the ability to use an Image within the terms of this Agreement is made. You understand that using Images that infringe on the rights of others carries specific penalties for which you will be responsible, up to and including, in some cases, statutory damages and attorney's fees.
7. Model and Property Releases/Clearances.
Without proper permission, authority or license, Images may not depict persons, places, property, or subject matter that may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. No model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Gift of College™.
Gift of College™ MAKES NO REPRESENTATIONS OR WARRANTIES THAT IT OWNS OR LICENSES ANY RIGHTS, NOR DOES Gift of College™ GRANT YOU ANY RIGHTS INCLUDING COPYRIGHT OR TRADEMARKS TO ANY PERSON, PLACE, PROPERTY, OR SUBJECT MATTER DEPICTED IN ANY IMAGE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF ANY IMAGE REQUIRES THE CONSENT OF ANY THIRD PARTY OR THE LICENSE OF ANY ADDITIONAL RIGHTS. FURTHER, Gift of College™ MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF ANY INFORMATION PROVIDED WITH THE IMAGES.
8. Sensitive Subjects.
ANY LICENSE GRANTED BY Gift of College™ SHALL NOT CONSTITUTE A REPRESENTATION THAT AN IMAGE IS COMPATIBLE FOR USE WITH ANY OTHER MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF ANY IMAGE IN COMBINATION WITH ANY OTHER MATERIAL.
Without limitation, you are solely responsible for use of any Images in combination with material covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative light or subject persons to ridicule, and topics regarding race, color, religion, sex, national origin, familial status, or disability, sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.
9. Cancellation of Charges.
In the case of a determination of unauthorized use of Images, or a related suspension of an order, Gift of College™ will terminate the Agreement and cancel charges. Gift of College™ reserves sole discretion whether to cancel charges and issue you a credit or refund should exceptional circumstances warrant it. In no event shall any charges be cancelled if you fail to notify Gift of College™ in writing within thirty (30) days from the date of invoice. No license to use the Image will be granted upon cancellation; all cancellations are final.
You will be responsible for, indemnify and defend Gift of College™ against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, including those arising out of or related to (1) a breach of this Agreement, (2) the use or publication of any Image provided by you either alone or in combination with any other material, (3) your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
11. Gift of College™ Trademarks.
You may not use the trademarks, logos, service marks or other proprietary designations of Gift of College™ without Gift of College's prior written consent.
Any dispute regarding this Agreement shall be governed by the laws of Oregon, and the parties agree to accept the exclusive jurisdiction of Oregon. The application of the rules of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between Gift of College™ and you, Gift of College™ shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from the other party.
13. Limited Warranty.
Gift of College™ warrants that the copy of the Image, if provided in high enough resolution by you to Gift of College™, to be used on such virtual or physical cards will be free from defects in material and workmanship (but not visual artifacts inherent in the original image) following delivery via this Site; and, Gift of College™ will, as your sole and exclusive remedy for your inability to use an Image, at its sole discretion, provide you with replacement Virtual or Physical Gift Cards with such Image, or refund any portion of the fee paid by you to Gift of College™ provided you have not made any use of the cards. Gift of College™ RELIES ON THE POSITIVE AFFIRMATION THAT YOU HAVE THE NECESSARY RIGHTS TO THE IMAGES YOU USE; Gift of College™ DOES NOT WARRANT THAT YOU MAY USE THE IMAGE THAT YOU PROVIDE TO Gift of College™. Gift of College™ PROVIDES YOU WITH ITS ONLINE SYSTEM ON AN "AS IS" BASIS. Gift of College™ MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS ONLINE SYSTEMS, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability.
Except for any liability which cannot by law be excluded or limited, neither Gift of College™ nor any Gift of College™ affiliate shall be liable to You or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use or inability for your use of the Images, whether framed as intellectual property infringement, a breach of warranty of merchantability, title, non-infringement, or fitness for a particular purpose, in tort, contract, or otherwise
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the card production and merges all prior and contemporaneous communications related to card production. Unless stated otherwise in writing, this Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Gift of College™. No purchase order or similar document issued by you shall modify this Agreement even if signed by Gift of College™. If Gift of College's performance of any of its obligations hereunder is delayed by force majeure or any other matter not within Gift of College's reasonable control, then the date for performance shall be extended by the time of such delay. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. Non-enforcement of any provision herein does not constitute a waiver of any right to enforce the provision in the future. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Gift of College's prior written consent.
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