GIFT PENGUIN TERMS OF SERVICE

Effective Date: June 12, 2023

Welcome to GiftPenguin.net (“we”, “us”, “our”, or “Gift Penguin”). These Terms of Service govern your use of our website and services. By accessing our site, you confirm that you accept these terms and that you agree to comply with them. If you disagree with any part of these terms, please refrain from using our site.

I. ACCEPTANCE OF TERMS

By using our services, you acknowledge that you have read, understood, and agree to these Terms of Service, as well as our Privacy Policy, which is incorporated by reference into these Terms.

II. PRIVACY

Please review our Privacy Policy to understand our practices. By using our services, you acknowledge that you accept the practices described in the Privacy Policy.

III. ELIGIBILITY

Our site is not intended for individuals under 18. By using our services, you represent that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service.

IV. ELECTRONIC COMMUNICATIONS

By using our services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

V. USER CONTENT

As a user, you may post reviews and comments. You are solely responsible for the content you post and you represent and warrant that you own or control all rights in and to such content.

VI. THIRD-PARTY LINKS

Our services may contain links to third-party websites that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.

VII. THIRD-PARTY VENDOR PRICES

Prices for products on our site are subject to change at the discretion of the third-party vendors. We do not control and are not responsible for pricing changes from third-party vendors.

VIII. REFUNDS OR RETURN POLICY

The refund and return policy for products purchased through third-party vendors linked on our site will follow the policies set by those vendors. We do not control and are not responsible for the return or refund policies of third-party vendors.

IX. LICENSE GRANT

By posting content on our site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.

X. INTELLECTUAL PROPERTY

All intellectual property rights in our site, its content, and the services we provide are owned by us, our licensors, or both. These rights are protected by copyright, trademarks, database rights, and other intellectual property rights.

XI. PROHIBITED ACTIONS

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the service.
• Using the service for any commercial solicitation purposes.
• Interfering with the proper working of the service.
• Bypassing the measures we may use to prevent or restrict access to the service.

XII. MODIFICATION OF TERMS

We may revise these Terms of Service from time to time. The updated version will be indicated by an updated “Effective Date” and will be effective as soon as it is accessible.

XIII. TERMINATION

XIV. DISCLAIMER AND LIMITATION OF LIABILITY

Our site and services are provided “as is” without warranty of any kind. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

XV. DISPUTE RESOLUTION

Any disputes arising out of or relating to these terms or the services will be resolved through final and binding arbitration, rather than in court.

XVI. USER ACCOUNT RESPONSIBILITY

You are responsible for safeguarding your account. Use a strong password and limit its use to this account.

XVII. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the site or services.

XVIII. GOVERNING LAW

These Terms shall be governed by the laws of the United States of America. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the USA.

XIX. CONTACT US

If you have any questions about these Terms of Service, please contact us at info@giftpenguin.net.