Welcome to Nift
You agree that we may provide agreements and disclosures related to the Nift Platform to you electronically instead of in paper form. Most communications between the Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Nift Platform. During the term that you maintain an Account with us for the Nift Platform (“Account”), you agree to provide us with and maintain a valid email address where we may deliver these agreements and disclosures to you and that you will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address as well as your having access to a mobile device or personal computer with an internet browser and access to the internet.
Occasionally there may be information on the Nift Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the Nift Platform, we ask that you contact us via e-mail at firstname.lastname@example.org
Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the Nift Platform (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the Nift Platform and the Contents are intended solely for personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Nift Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Nift Platform or related software.
Except as otherwise agreed to by the Company, the Company offers you access to the Nift Platform and to the content available on the Nift Platform solely for your own personal and noncommercial use. You may not resell or make any commercial use of the Nift Platform or the content on the Nift Platform. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Nift Platform, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without the Company’s prior written consent. You may not use meta tags or any other “hidden text” utilizing the Company’s name, trademarks or service marks without the express written consent of the Company.
You may not use this Nift Platform in any manner that could damage, disable, overburden, or impair the Nift Platform or interfere with any other person’s use and enjoyment of the Nift Platform. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this Nift Platform, including, but not limited to, unauthorized framing of or linking to the Nift Platform, or unauthorized use of any robot, spider, or other automated device on the Nift Platform, or any manual process to monitor or copy any portion of the content contained on the Nift Platform, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
Use of the Nift Platform is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Nift Platform. To sign up for an Account, you must provide your full legal name, email address, and a password. The Company may refuse access to or use of the Nift Platform or any of the Company’s services to anyone at any time, in its sole discretion.
REQUIREMENTS TO USE THE NIFT PLATFORM
Use of the Nift Platform requires internet access and certain software, and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Nift Platform is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Nift Platform.
The Company does not warrant, represent, or guarantee that its Nift Platform will be available on your mobile device. If you do use a mobile device to access the Nift Platform, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Nift Platform, which are solely your responsibility.
Who May Use the Nift Platform
The Nift Platform is available for individuals who are at least eighteen (18) years of age or business entities authorized to conduct business by the state in which it operates. The Nift Platform is available only in the United States, its territories, and possessions. You agree not to use or attempt to use the Nift Platform from outside these locations. You may not export the Nift Platform directly or indirectly, and acknowledge that the Nift Platform may be subject to export restrictions.
To access the Nift Platform you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are using the Nift Platform in the United States; (c) you will not transfer your access to the Nift Platform to another person or allow another person to use your Account; (d) you are eligible to register and use the Nift Platform and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
The Company’s Rights
Interacting with the Company
Your use of the Nift Platform includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using the Nift Platform or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Nift Platform, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Your interactions with organizations and/or individuals found on or through the Nift Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Nift shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Nift is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Nift, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
MERCHANT-ISSUED CLOSED LOOP GIFT CARD
Definition of Merchant-Issued Closed Loop Gift Card
A closed loop gift card can only be redeemed at the merchant listed on the gift card or listed as the merchant for which the gift card is being sold on the Nift Platform at the time of sale. A merchant-issued closed loop gift card may take the form of either physical gift cards or codes used to access prepaid funds (“Merchant-Issued Closed Loop Gift Card”).
Company’s Role in Sale of Merchant-Issued Closed Loop Gift Card
Company is providing the Nift Platform to enable merchants to sell and consumers to purchase Merchant-Issued Closed Loop Gift Cards. At the time of purchase of a Merchant-Issued Closed Loop Gift Card by a consumer, Company will collect purchase proceeds from purchasing consumer (“Purchaser”) and remit those proceeds to the selling merchant. Company’s obligations, with respect to any transaction involving a Merchant-Issued Closed Loop Gift Card, to the Purchaser and the selling merchant end upon remittance of proceeds to the selling merchant.
Company is not responsible for any value lost from a Merchant-Issued Closed Loop Gift Card subsequent to your purchase and our delivery to you. To reduce the likelihood of such a loss, however, Company recommends protecting your personal computer and mobile device with an appropriate password. In the event that the merchant selling a Merchant-Issued Closed Loop Gift Card closes its business or otherwise renders a purchased Merchant-Issued Closed Loop Gift Card unredeemable, Company will offer Purchaser $60 of Nift cards eligible for redemption at participating merchants on the Nift network. Such merchants may be of any kind in any industry and may not be a business similar to the original merchant that sold the Merchant-Issued Closed Loop Gift Card.
You agree to make a good faith effort to settle all disputes about purchases you make using your Merchant-Issued Closed Loop Gift Card with the merchant who accepted the Merchant-Issued Closed Loop Gift Card.
Purchasing a Merchant-Issued Closed Loop Gift Card
Single Use – the entire prepaid balance must be used in a single visit at a participating merchant location. Company will not track any residual balance after use at a merchant location. For example, if a Purchaser buys a $30 gift card and spends $20 at the merchant location, Company offers no guarantee, nor does Company track in any way, the remaining $10
Merchant-Issued Closed Loop Gift Cards are non-refundable and non-returnable
A Merchant-Issued Closed Loop Gift Card may be used in accordance with the terms and conditions specified by the merchant or other party who issued that Merchant-Issued Closed Loop Gift Card
Merchant-Issued Closed Loop Gift Cards may be used by other non-Purchaser parties (“Recipient”). All terms contained herein that apply to Purchaser also apply to Recipient
Merchant-Issued Closed Loop Gift Cards are available to purchase by individuals over the age of 18 years. You represent and warrant to the Company that you are at least 18 years old. The Company retains the sole discretion to refuse to sell Merchant-Issued Closed Loop Gift Cards to any person for any reason. At the time of purchase, Purchaser will receive acknowledgement of purchase in the form of an email, transaction record on your account, and/or a gift card code that can be used to redeem at the selling merchant’s location. The gift card amount verified by the Company at the time of sale shall be deemed the available credit on the Merchant-Issued Closed Loop Gift Card.
Paying for a Purchase
In order to purchase Merchant-Issued Closed Loop Gift Accounts, the Company accepts many forms of payment, including U.S. bank-issued credit cards and debit cards. To complete a purchase, you will be asked to provide your billing information. We, or our payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your order submission.
You agree that you will pay for the Merchant-Issued Closed Loop Gift Cards you purchase, and that the Company may charge your credit card, debit card, or other form of payment for any products purchased and for any additional amounts that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing the Company with a valid form of payment. You represent and warrant that you are authorized to use any credit card, debit card, or other form of payment you provide to pay the purchase price.
Prices for products offered for sale by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. The Company reserves the right to change content option, including eligibility for and availability of particular features and promotions, without notice.
The Nift Platform may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
You agree that you will not use or attempt to use another person’s or entity’s account, service or system without authorization from the owner, nor will you interfere with the security of the Nift Platform, system resources or accounts or any network. You may not abuse systems, or make use of the Nift Platform in a way that disrupts the normal use of the Company’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.
FRAUD, ABUSE AND HARM
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Gonift.com Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Gonift.com account purchases, and any of your activity with law enforcement authorities.
The Company reserves the right to review, postpone, or cancel the purchase on the Nift Platform or the dispersal of funds to any user at our discretion. Additionally, you represent and warrant that you will not use the Nift Platform, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Nift Platform
We may terminate this Agreement and modify or close your Account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to the Nift Platform and/or your Account if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your Account is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Nift Platform; (c) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (d) that the Company shall not be liable to you or any third party for termination of your access to the Nift Platform or deletion of your information or account data.
You may terminate this Agreement and other agreements by closing your Account at any time.
DISCLAIMER OF WARRANTIES
YOU ARE USING THE NIFT PLATFORM AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON THE NIFT PLATFORM “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE NIFT PLATFORM, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. COMPANY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE NIFT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE NIFT PLATFORM AND ITS PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE NIFT PLATFORM OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE NIFT PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE NIFT PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE NIFT PLATFORM, FOR THE SERVICES PROVIDED ON THE NIFT PLATFORM OR FOR OTHER INFORMATION PROVIDED TO YOU ON THIS NIFT PLATFORM.
The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Nift Platform or your downloading of any materials, data, text, images, video from the Nift Platform.
PRIVACY AND SECURITY
Copyright, Trademarks and Patents
All content included on the Nift Platform is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Nift Platform is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the Nift Platform is the property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the Nift Platform is intended for use, and may be used, as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Nift Platform is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the Nift Platform are the property of the respective owners, including third party providers of products and services with links to and from the Nift Platform.
Digital Millennium Copyright Act NOTICES
The Company respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Nift Platform without authorization in a way that constitutes copyright infringement, you may notify us by emailing email@example.com
The notice must have the following information, as specified by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):
TAX REPORTING REQUIREMENTS
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements. We cannot and do not offer tax advice to users.
NIFT NETWORKS IS NOT A MONEY SERVICES BUSINESS
The Company is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the Nift Platform or its products or services primarily for the purpose of transmitting funds.
GOVERNING LAW, ARBITRATION AND JURISDICTION
Entire Agreement, Severability
Thank you for reviewing this Agreement. If you have any questions please email us at firstname.lastname@example.org