Buy Gift Cards - Terms and Conditions of Use

Last modified: January 31, 2018

Please Read the Following Terms And Conditions Carefully.

Introduction

Reaf Marketing Inc. and its subsidiaries and affiliates (“Reaf Marketing” "buygiftcards.com" “giftcardeals.com” “giftcarddeal.com” "we" or "us"), require that all visitors to any Website(s) operated by Reaf Marketing namely www.buygiftcards.com, www.giftcardeals.com www.giftcardeal.com and www.giftcarddeal.com (collectively the "Site") adhere to the following terms and conditions of use. By accessing, visiting or using the Site, you agree, on your own behalf and on behalf of any other person, corporation or other legal entity that you represent or for which you access or use the Site (“users” “you” or words of similar import), to be bound by and comply with the following terms and conditions of use (these "Terms") and to comply with all applicable laws and regulations. When the words "include", "includes", "including" (and other derivations thereof) appear in these Terms, they shall be deemed to be followed by the phrase "without limitation".

Acceptance of these Terms

These Terms govern your access to and use of the Site, and constitute a binding legal agreement between you and us. Please read these Terms carefully, as well as our Privacy Policy which are incorporated by reference into and made a part of these Terms. By accessing the Site or otherwise using the Site, you are indicating that you have read and that you understand and agree to be bound by these Terms, including our Privacy Policy and Copyright Policy. If you do not agree to these Terms, including our Privacy Policy and Copyright Policy, you must not access the Site or otherwise use the Site. If you do not agree to these Terms, you are not authorized to use the Site.

BY ACCESSING, BROWSING AND USING THE SITE, YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. THESE TERMS OF USE CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT REAF MARKETING'S LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL. YOU AGREE TO BE BOUND BY THESE TERMS.

Changes to these Terms and the Site

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the "Content").

About Reaf Marketing  

License to Access and Use

You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

Intellectual Property

You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Reaf Marketing or its licensors and content providers.

Termination of Access

Reaf Marketing reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Reaf Marketing, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Reaf Marketing will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

User Conduct

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor your Company may cause or permit any person to do any of the following:

(a) use the Site or Content for any unlawful purpose;

(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) use the Site to post or transmit any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

(f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

IP Protocol Addresses and Web Logs

The Site web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-Personal Information usage of IP Addresses described above we may also record your IP address for fraud prevention purposes.

Security

Reaf Marketing takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify Reaf Marketing immediately if you discover loss or access to such information by another party not under your control and supervision. Reaf Marketing will not be liable for any loss or damage arising from the unauthorized use of your username or password.

Feedback & Submissions

Your submissions, feedback and comments (“Submissions”) are entirely voluntary, non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. Reaf Marketing appreciates your interest, however, do not want, and cannot accept, any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Therefore, you grant to Reaf Marketing and its designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the Submission, and all rights therein, in the name of the Reaf Marketing or its designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant and agree that any and all “moral rights” pertaining to any copyrighted materials have been waived.

By making a Submission, you acknowledge and agree that Reaf Marketing and their designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by Reaf Marketing, or their designees is similar to your Submission.

Restrictions on Use

Materials from the Site may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal browsing without prior written consent of Reaf Marketing. Proprietary information remains the sole property of Reaf Marketing Inc. The Content on the Site is provided for lawful purposes only and any other use or modification of the Content found on the Site violates the Terms. You may not reproduce, sell, repost, modify, or convert any Content on the Site in any manner inconsistent with these Terms.

You agree the following kinds of conduct are illegal and/or prohibited on the Site. Prohibited activities include, but are not limited to, the following: (a) using the Site for any purpose intentionally or unintentionally, in violation of any applicable, local, state, federal, provincial, national, or international laws and/or regulations; (b) posting or transmitting through the Site any information, data, text, files, links, software or other materials that Reaf Marketing, considers to be unlawful, obscene, defamatory, pornographic, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or that constitutes cyber-harassment or cyber stalking as determined by Reaf Marketing, in its sole discretion; (c) posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (d) posting URLs to external websites or any form of HTML or transmitting executable programming of any kind, including viruses, spyware, Trojan horses or similar programs; (e) posting or transmitting anything that may be spam, direct marketing communications or any unsolicited advertising, promotional or commercial content; (f) impersonating another person when using the Site, posting any content or Personal Information or attempting to conceal or misrepresent the identity of the person making the Submission or the origin of any Submission or allowing any other person or entity to use your identification for posting, viewing comments or using the Site; (g) harvesting or otherwise collecting information about others, including e-mail addresses; and (h) encouraging other people to engage in any prohibited activities as described herein. Reaf Marketing, reserves the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities.

You agree that Reaf Marketing, reserves the right but is not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Site does not conform to these Terms and determine in their sole discretion to remove or request the removal of any Submission; (b) remove any Submission which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms ; (c) terminate a user's access to the Site; (d) monitor, edit, or disclose any Submission on the Site; or (e) edit or delete any content posted on the Site, regardless of whether such content violates these Terms.

Children & Data Collection

Our Services are not designed for children under 18 and we do not target of Services to children under 18. Only persons 18 years of age or older may use the Platform. If we discover that an individual under 18 has provided us with personal information, we will close the account and delete such information. We encourage parents and guardians to take an active role in their children's online activities and interests. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our site, please contact us at info@buygiftcards.com. If you are a minor under the age of majority, PLEASE DO NOT submit any Personal Information about yourself on this Site WITHOUT GETTING PERMISSION FROM YOUR PARENT(S) OR GUARDIAN(S) FIRST.

Children’s privacy is very important to Reaf Marketing. Reaf Marketing adheres to the United States Children's Online Privacy Protection Act (“COPPA”), a United States Federal Law. The Federal Trade Commission (“FTC”) has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting Personal Information from children under thirteen (13) years of age. COPPA explains what a website operator must include in their Privacy Statement, what responsibilities a website operator has to protect children's privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age, it also requires that we inform parents and/or legal guardians how we collect, use, and disclose Personal Information from children under thirteen (13) years of age, as well as, how to obtain verifiable consent from a parent in order for children to use certain features of on a website. Reaf Marketing will not knowingly allow anyone under thirteen (13) years of age to provide us with any Personal Information about themselves (such as their names, email address, and phone number) over the Internet. If a child has provided Reaf Marketing with Personal Information without the consent of a parent, we ask the parent of that child to contact us immediately at: info@buygiftcards.com. Reaf Marketing will use all reasonable efforts to promptly delete the child's Personal Information from our servers. Please note, that when Reaf Marketing uses the term "parent", we mean to include legal guardians.

Links from the Website

This Site includes hyperlinks to other websites which are not maintained by Reaf Marketing. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Reaf Marketing of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Reaf Marketing will have no liability for any loss or damage arising from your access or use of any external website. Since Reaf Marketing is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

Images of the Site logo can only be used to link to the Site; any other use of the Site logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Reaf Marketing approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Site logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Site logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

Copyright Infringement

If you believe that any Site Content or submission violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

Use of Trademarks

Except for the limited permission to use the Site logo as set forth in these Terms, you may not, without our express written permission, use any of Reaf Marketing trademarks or service marks for any other purpose.

Limitation of Liability

IN NO EVENT WILL REAF MARKETING, ITS AFFILIATES OR THEIR LICENSORS, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, SERVICE PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, (COLLECTIVELY, OUR “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH your use OF THE SITE OR CONTENT, YOUR INABILITY TO USE THE SITE, or reliance on THE SITE, the Site or the Content; our performance of or failure to perform our obligations in connection with these Terms; the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; your purchase or use of any goods or services provided by third parties, ANY SITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Without limiting any of the foregoing, if Reaf Marketing or any of the Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

Indemnification

You agree to defend, indemnify and hold harmless Reaf Marketing and its affiliates or their licensors, contractors, suppliers, content-providers service providers, and other similar entities, and the employees, agents, officers, managers, directors, successors and assigns of each of the foregoing from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site as well any claims arising from any unauthorized uses you may make of the Content on the Site.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, INCLUDING THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE, OR ON ANY SITE LINKED TO OUR WEBSITE. YOUR ACCESS AND USE OF THE SITE AND ITS RELATED CONTENT, AND ANY OF THE OTHER REAF MARKETING SERVICES, INCLUDING THIRD PARTY SITES LINKED TO REAF MARKETING, IS AT YOUR OWN RISK. THE SITE AND ITS RELATED CONTENT, AND ALL OF THE OTHER REAF MARKETING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REAF MARKETING NOR ANYONE ASSOCIATED WITH REAF MARKETING OR ANY REAF MARKETING REPRESENTATIVE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS RELATED CONTENT OR ANY OTHER SERVICES THAT IS REAF MARKETINGS. WITHOUT LIMITING THE FOREGOING, NEITHER REAF MARKETING NOR ANYONE ASSOCIATED WITH REAF MARKETING OR ANY REAF MARKETING REPRESENTATIVE REPRESENTS OR WARRANTS THAT THE SITE, ITS RELATED CONTENT, OR ANY OF THE OTHER SERVICES THAT ARE REAF MARKETING WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY OF THE OTHER SERVICES THAT ARE REAF MARKETING WILL MEET YOUR NEEDS OR EXPECTATIONS.

REAF MARKETING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

Reaf Marketing operates the Site in the United States. We make no warranty that the Site, including the materials and Content on the Site are appropriate or available for use outside of the United States. Those who choose to use the Site from outside the United States do so on their own initiative and risk, and are responsible for complying with all applicable laws of the jurisdiction from which they are accessing or using the Site.

All matters relating to the Site and these Terms, and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or of any other jurisdiction).

Any legal suit, action or proceeding arising out of or relating to the Site, including these Terms, shall be instituted exclusively in the State or Federal courts of the United States located in Clermont County, Ohio. We retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Assignment

You may not transfer or assign in any way any of your rights or obligations under these Terms. Any such transfer or assignment shall be null and void. We may assign our rights and duties under these Terms at anytime to any third party without notice.

Waiver and Severability

No waiver by Reaf Marketing of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Reaf Marketing to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

No Third Party Beneficiary

Nothing in these Terms is intended to create in any person or entity the rights of a third party beneficiary.

Entire Agreement

These Terms and Privacy Statement constitute the entire understanding between Reaf Marketing and you with respect to your use of the Site, including, but not limited to, purchases made from the Site and other purchases or orders through the Site in which you may link to other third-party websites. You should review the Terms and Conditions and Privacy Policy on those sites.

Headings

The headings for each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

Our Contact Information

To ask questions or comment about these Terms, or to otherwise contact us, please contact:

Legal@buygiftcards.com
PO Box 474

Loveland, OH 45140

Attn: Legal

Thank you for visiting the Website.

© 2017 Reaf Marketing Inc. Terms of Use. All rights reserved.