Terms of Service for Minted Gift
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Minted Gift ("Minted Gift," "we," "us," or "our") concerning your access to and use of the mintedgift.com website and any associated content, features, and services (collectively, the "Service").
1. Preamble & Agreement By accessing, browsing, or utilizing the Service, you signify your unreserved acceptance of, and agreement to be bound by, these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Should you dissent from any provision contained within these Terms, you are expressly prohibited from using or accessing the Service. Minted Gift reserves the unequivocal right to amend or modify these Terms at any juncture, with such changes becoming effective immediately upon posting to the Service. It remains your sole responsibility to periodically review these Terms for updates. Continued use of the Service subsequent to the posting of any revisions shall constitute your acceptance of those revised Terms.
2. Service Access & Responsibilities
2.1. Eligibility and Account Creation To access certain features of the Service, you may be required to register for an account. By creating an account, you represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and possess the legal capacity to enter into this agreement. You further covenant to provide accurate, current, and complete information during the registration process and to maintain the veracity of such information. You are solely responsible for safeguarding the confidentiality of your account credentials and for all activities that transpire under your account. You agree to notify Minted Gift forthwith of any unauthorized use of your account or any other breach of security.
2.2. Prohibited Conduct Your entitlement to utilize the Service is conditioned upon adherence to these Terms. You are expressly prohibited from: a. Engaging in any activity that is illegal, fraudulent, or harmful, or that promotes illegal or harmful activities. b. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. c. Uploading, transmitting, or distributing any content that is unlawful, defamatory, obscene, pornographic, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable. d. Infringing upon the intellectual property rights, privacy rights, or any other proprietary rights of Minted Gift or any third party. e. Disrupting or interfering with the security or operation of the Service, or otherwise causing damage to the Service or its users. f. Utilizing any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to Minted Gift's servers than a human can reasonably produce in the same period by using a conventional web browser. g. Circumventing, disabling, or otherwise interfering with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3. Intellectual Property Rights
3.1. Ownership of Content All content, features, and functionality on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Minted Gift or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided herein, no part of the Service and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.2. User-Generated Content License By submitting, posting, or displaying any content, data, or materials ("User Content") on or through the Service, you grant Minted Gift a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media formats and through any media channels now known or hereafter developed, solely for the purpose of operating and improving the Service and for Minted Gift's legitimate business purposes. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license to Minted Gift.
4. Disclaimers and Limitations
4.1. Warranties and Service Availability The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Minted Gift makes no warranties, express or implied, regarding the operation or availability of the Service, or the information, content, materials, or products included on the Service. To the fullest extent permissible by applicable law, Minted Gift disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Minted Gift does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You acknowledge that your use of the Service is at your sole risk.
4.2. Limitation of Liability In no event shall Minted Gift, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever, including but not limited to lost profits, lost data, business interruption, or personal injury, arising out of or in connection with your use of, or inability to use, the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if Minted Gift has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Minted Gift's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Minted Gift for the Service during the six (6) month period prior to any cause of action arising.
4.3. Indemnification You agree to defend, indemnify, and hold harmless Minted Gift, its subsidiaries, affiliates, and their respective officers, directors, employees, and agents 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: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Service.
5. Term, Suspension, and Termination These Terms shall remain in full force and effect while you use the Service. Minted Gift reserves the right to suspend or terminate your access to the Service, or any portion thereof, at its sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by contacting us via the provided contact information. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability.
6. General Provisions
6.1. Amendments Minted Gift reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
6.2. Severability Should any provision of these Terms be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
6.3. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Minted Gift is incorporated, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for the purpose of litigating all such claims or disputes.
6.4. Contact Information For any inquiries or concerns regarding these Terms of Service, please contact us at: Email: [email protected]