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Terms and Conditions
Use of the Gift Card Internet Specialist, LLC (hereinafter referred to as "GCIS") website constitutes an Agreement between you, or any person who receives the GiftCard, or anyone who uses the GiftCard (hereinafter collectively referred to as the "Consumer") and GCIS under the terms and conditions listed herein, and governs the purchase and use of the GiftCard. This Agreement is by and between you, the Consumer, and Gift Card Internet Specialist, LLC, a Colorado limited liability corporation, conducting business online as GiftCardIS.com, hereinafter referred to as the "GCIS". Purchase of the GiftCard, using the GiftCard, giving the GiftCard, or allowing someone else to use the GiftCard means you accept these Terms and Conditions Agreement and you are responsible for all transactions surrounding the GiftCard.
All images, illustrations, photos, written text, and electronic content within the website is copyrighted or licensed for use by GCIS. Consumer use in any form outside of the GCIS website is strictly prohibited.
By selecting the "Yes, I Approve" checkbox during the online review and ordering process, you acknowledge that you have read and understood the terms of this Agreement and that you accept to be bound by its provisions. If you do not agree to the terms set forth, or if you do not understand the terms set forth, or if you do not have the authority to enter into this Agreement, do not check the box "Yes, I Approve" and do not download any Content from this web site.
1. Subject of the Agreement
Subject of the Agreement is any final product or combinations of products (hereinafter referred to as "Product"), or any image, photograph, illustration, written text, digital file, printed product, or plastic product hereinafter referred to as "Content".
2. General Terms
- You must be at least 18 years of age and if you are purchasing as an employee of a company, business, organization, or corporation have the full legal authority to enter into this Agreement on its behalf and bind the employer to the provisions of this Agreement.
- GCIS only sells products to US-based customers and will send our products only to US-based recipients. We only accept US Dollars through US-based banking institutions.
- GCIS will keep personal information provided by the Consumer confidential and protected using generally available industry electronic standards. By accepting this Agreement you confirm that you have read and understood our "Privacy Policy" and agree to its terms.
- The Consumer acknowledges that he/she is prohibited to use any Content for any purpose that would violate those regulations. The Consumer certifies that he/she is a citizen, permanent, and legal resident of the United States of America.
- The Consumer agrees to pay all sales taxes, use and similar taxes imposed by his/her state or country in connection with the licensing of any Content. Colorado (USA) Licensees will be charged Colorado sales tax at checkout.
3. Refund Policy, Returned or Exchanged Merchandise
The purchase of a Merchant gift card is like the purchase of money. Treat a gift card as money and keep it safe. Theft or loss of the gift card is your responsibility, and GCIS has no responsibility whatsoever for lost or stolen gift cards. As with money, any refund of purchase, exchanges and/or replacement of gift cards is strictly limited. You agree that any gift card which has been utilized in any form, partial or in whole, by any person, will absolutely NOT be replaced or refunded for any reason.
Merchant Gift Cards: You agree that all replacements or refunds are at the sole discretion of GCIS. You agree that lost or stolen gift cards may be replaced by GCIS, at the sole discretion of GCIS. To prevent fraud and other illegal activities, prior to making a refund decision, GCIS must be able to initiate and complete the following steps: 1) a Merchant cancellation of the original unused gift card and Merchant verification of that cancellation, 2) verification of gift card non-use by the issuing Bank or Merchant, and 3) the customer payment to GCIS of the GCIS $10.00 replacement and handling fee. Requests for refunds or replacements must include the following minimum information, we cannot process a request : 1. The original order number 2. Your name, address, and contact phone number. 3. Date of Purchase You may contact the GCIS support center by clicking here =>: GCIS Support VISA gift Cards: Visa cards are issued by the GCIS affiliate, GiftCards.com. Therefore, all VISA gift cards are subject to the replacement and refund policy of GiftCards.com. GCIS will not themselves issue any refund or exchange of a VISA gift card for any reason. To view their policy, privacy statement and customer service desk, click on the link, then use the browser back-arrow to return to this page: click here => VISA Customer Service
Merchant Merchandise: You agree that if you use the gift card to purchase Merchant products or services, your customer service requirements for those products or services, refunds, or exchanges now lies solely with the Merchant, just as if you had paid the Merchant cash for the products or services. Further, you agree that GCIS, and their agents, affiliates, employees and agents are NOT responsible for the services or merchandise purchased with the giftCard or for any damages resulting directly or indirectly from the use of the GiftCard. If you have a problem with merchandise or services purchases with a GiftCard, you should contact the merchant from whom the goods or services were purchased. Exchange or return of merchandise purchased with the GiftCard will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the GiftCard. If you are entitled to a refund or partial refund or merchandise exchange, made in whole or in part with the GiftCard, you agree to accept a refund or exchange in the form offered by the Merchant.
4. Usage Rights
- The Consumer may use the GCIS end product for his/her own benefit or the benefit of the Named Recipient of the product.
- The Consumer is bound by all federal, state, and local laws plus all rules and regulations as imposed by the Merchants and Gift Card carriers and issuers.
- Membership Organizations, and Commercial Organizations which have signed affiliations with GCIS may also impose their specific Rules and Regulations upon the Consumer for all GCIS's Products and Content, and which become a part of these Terms and Conditions.
- The Consumer agrees to all the rules and regulations imposed by VISA for all VISA debit card purchases, which become a part of these Terms and Conditions. VISA Terms and Conditions may be modified without notice. See the VISA rules and regulations by clicking here: VISA Terms and Conditions (use browser back button to return here).
- GCIS grants the Consumer the right to use Content, in accordance with all provisions of this Licensing Agreement, for the following purposes:
- Private and personal use only.
- for any other use approved in writing by GCIS;
5. Usage Prohibitions
The Consumer may NOT:
- Use Content or any part thereof in any pornographic, sexual, negative, cruel, violent, abusive, libelous, obscene, immoral, illegal or defamatory context;
- You agree not to make preauthorized or recurring regular payments through the use of the GiftCard.
- You agree not to use the GiftCard for on-line gambling purposes or for any illegal activity. We may decline authorization for any illegal transaction or internet gambling transaction.
- Purchase from or send products outside of the United States.
- Electronic Reproduction, Digital Recreation or Template, Resale or Distribution of Content;
- Use content or any part thereof in context with dating services, escort services, mental disorders, diseases, physical impairments or any other controversial subject;
- Use Content depicting person(s) for endorsement of a product, service, political use, business, cause or association;
- Use Content within photo archives, photo databases or stock agencies;
- Use or display Content on web sites of online printing services;
- Use Content on products, including but not limited to stationery items, postcards, calendars, posters, prints, book covers, t-shirts, mugs, mouse pads, entertainment goods, framed artwork, apparel or other items intended for resale or distribution;
- Use Content in the development of templates for web sites, Flash templates, templates for business cards, templates for brochure design, templates for greeting cards, templates for calendars, development of software products, or any other digital media intended for distribution, resale, or use by others;
- Share Content across any type of internal or external network including but not limited to the Internet, Intranet, BBS installations, any digital media, or in any other way;
- Use Content or any portion thereof in any logo or part of any trademark;
- Distribute Content, in hard copy, electronically, or by any other means, except for permitted uses listed herein;
- Remove any copyright notice or trademark from any Content, embedded or otherwise;
- Assign, lend, sublicense, resell, or commercially distribute Content for profit or free of charge or any part thereof;
- Use Content, directly or indirectly, in any type of similar or competing business to GCIS. GCIS is in the business of facilitating a service to and between Consumers, Membership Organizations, Commercial Affiliates, and other contracted agencies;
6. Acknowledgements by the Consumer
You, the Consumer, hereby acknowledges to understand and agree that:
- All customer service contact with GCIS will require the GCIS Order Number. Store this number, on your purchase receipt, in a safe place. GCIS cannot assist you without this number.
- The Content usage license is granted to the Consumer and can not be transferred to any third party;
- All Content is copyright protected by GCIS or it's suppliers, and that any unauthorized use constitutes infringement of copyright;
- All copyright and intellectual property rights to any and all Content remain with GCIS or the supplier of the Content, as the case may be; the copyright to any derivative work (alteration of Content including but not limited to cutting, cropping, scaling, color changes, special effects, adding of copy, photo composition) remains with GCIS or the supplier of the Content, and GCIS has copyright protection under applicable law;
- GCIS grants no rights and makes no warranties for Content depicting people;
- The Consumer agrees and accepts that the supplier of the Content and not GCIS will be liable towards the model(s) and/or the Consumer, for any justifiable claims brought forward; the liability of GCIS towards you the Consumer, or any other third party, for any dispute arising from Content depicting people shall be limited to the amount you paid for the Product;
- GCIS grants no rights and makes no warranties for Content depicting logos, trademarks, names, objects that are patented or copyrighted design, works of art, or architecture; the Consumer is advised to seek legal advise to determine whether a property or object release or other form of release is required for the Consumer's type of use; the Consumer has to obtain such release directly from the rightful owner of the logo, trademark, name, work of art, architecture, or object that is patented or copyrighted. The Consumer agrees and accepts that the supplier of the Content and not GCIS will be liable towards you the Consumer, or any other third party, for any justifiable claims brought forward in connection with Content depicting logos, trademarks, names, objects that are patented or copyrighted design, works of art, or architecture; the liability of GCIS towards you the Consumer, or any other third party shall be limited to the amount you paid for the Product;
- Additional value cannot be added to the GiftCard. All transactions will be declined once the GiftCard balance reaches zero.
7. Hold Amounts
In certain circumstances, when using a GiftCard, Merchants or Banks may require an authorization amount which may be greater than your actual purchase dollar amount. For example, at a restaurant, an authorization may be for the amount of the meal plus an additional 20% to ensure adequate funds should the customer decide to add a tip. This added amount is known as a "Hold" amount. In this example, the actual meal cost may be $35. You have a $40 giftcard, which appears to be sufficient. However, the restaurant adds an additional 20% Hold (equals $7), which means they will attempt to authorize $42 against your $40 giftcard. In this case, the gift card may be declined as it does not cover the actual purchase PLUS the Merchant's Hold amount. Each Merchant, or merchant type, especially gas stations, have differing policies on Hold Amounts. After the Merchant closes the transaction with their bank (usually within 2-4 days), the Hold Amounts are released. GCIS has no control over this process with the Banks or the Merchants, and there is nothing wrong with your gift card - just be aware of what the Merchant is actually authorizing against it. Because the Bank becomes obligated to pay the full authorization amount, the available balance on the Gift Card may not be enough to cover the amount of the actual purchase plus the added "Hold" amount, and the gift card may be declined, dishonored, or not paid. You agree that GCIS is NOT responsible for these actions, or any decline, dishonor, or additional dollars necessary to the sale caused by Merchant Hold Amounts herein.
8. Term of the Agreement
This Agreement is effective until it is terminated by GCIS. GCIS reserves the right to terminate this Agreement without prior notice.
9. Breach of Agreement
- GCIS accepts and agrees that Consumer is held liable by the Licensor, for any and all claims and expenses, liability, losses, reasonable legal fees, and any other costs that are incurred which are caused directly, incidental, consequential, or indirect as a result of or in connection with Consumer’s violation or suspected violation of any provision of this Agreement;
- GCIS reserves the right to terminate this Agreement, without prior notice, if it finds the Consumer to be in violation of this Agreement; the Consumer understands and agrees that with violation of this Agreement and/or abuse of his/her membership account, the Consumer looses all rights to any Product, access, and to the membership account; the Consumer understands and agrees that he/she must immediately cease the use of the GCIS system(s) if Consumer violates the terms of this agreement.
10. Disclaimer
GCIS is in the business of facilitating a service between Consumers and Product Suppliers. All Content details including but not limited to Content keywords, categorization, Content descriptions, and model release information may be directly provided by the respective supplier. Therefore GCIS does not warrant the accuracy of any information provided in connection with any Content.
Content is provided "as is" without representation and "with all faults", with no warranties or conditions, expressed, implied, statutory, or in any communication with you. The Consumer expressly disclaims any implied warranties of merchant ability, non infringement, and fitness for a particular purpose. GCIS does not warrant that the Content is error free or that Content usage is uninterrupted. The Consumer agrees to hold harmless GCIS, its affiliates, suppliers and content providers, and each of their respective directors, officers, employees and agents from and against all claims and expenses, loss of data, hardware and software costs, lost profits, reasonable attorney's fees, or any other costs that are incurred, which are caused directly, incidental, consequential, or indirect from the use of any Content or any service or any product offered by GCIS.
This Agreement is the entire Agreement between the Consumer and GCIS and supersedes any other communications or advertising with respect to the Content licensed. The terms specified in this User Licensing Agreement, shall not be modified without the express written consent of GCIS, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms of this Agreement, shall nullify GCIS's indemnity obligations, representations, and warranties made by GCIS hereunder. GCIS reserves the right to revoke or modify this Agreement at any time without prior notice. If any provision of this Agreement is held invalid, the remainder shall continue in full effect.
11. Applicable Law
The web site http://www.giftcardis.com is administered and operated by Gift Card Internet Specialist, LLC from within the State of Colorado in the United States of America. The web site should only be accessed from any State within the USA. The laws of other jurisdictions may differ from the laws of the State of Colorado and the United States of America. By using our web site and licensing Content you acknowledge and agree that this User Licensing Agreement will be governed under the laws of the State of Colorado and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Colorado with respect to any subject matter of this Terms and Conditions agreement.
Any and all disputes arising out of, under or in connection with this Terms and Conditions Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Centennial, Colorado, pursuant to the rules of arbitration in effect at the time arbitration is demanded. If Gift Card Internet Specialist, LLC is obligated to go to court, rather than arbitration, to collect any fees, or enforce any of its rights, you agree to reimburse Gift Card Internet Specialist, LLC for it's legal fees, costs, and disbursements if Gift Card Internet Specialist, LLC is successful.
If any provision or part of these Terms and Conditions Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
This Agreement is the entire Agreement between the Consumer and GCIS, and supersedes any other communications or advertising with respect to the Content licensed. The terms specified in this User Licensing Agreement, shall not be modified without the express written consent of the Licensor, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms of this Agreement, shall nullify GCIS's indemnity obligations, representations, and warranties made by GCIS hereunder. GCIS reserves the right to revoke or modify this Agreement at any time without prior notice. If any provision of this Agreement is held invalid, the remainder shall continue in full effect.
By selecting the check box "Yes, I Approve" during the online ordering process, you acknowledge that you have read and understood the terms of this Agreement and that you accept to be bound by its provisions, and that all data, text, photographs, names, postal address, email address, and other Consumer entered data is correct and true.
If you do not agree to the terms set forth or if you do not understand the terms set forth or if you do not have the authority to enter into this Agreement, do not check the box "Yes, I Approve" and do not download any Content from this web site.
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