Terms and Conditions
Gimideals.com (“Gimideals”, “we”, “our” or “us”) provides a Website and/or services that gathers and distributes deals and coupons from our affiliates, list partners, merchants and client partners (collectively, the “Services”) and these terms and conditions (“Terms of Conditions”) represent a legally binding agreement between you and us regarding your use of our Website. Our Website includes all web pages within our Website and also includes backup, mirror, replacement or substitute sites or pages we make available as part of the Services we provide. We will refer to each and every feature, function, Service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content unless we specifically say otherwise.
We will refer to users of our Website, our features, functions and Services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, Service, activity, promotion or content in, on or available through our Website, for any purpose, or if you try to do any of these things.
By using our Website you are acknowledging you have read and understand the legal agreement you have with us, and unless you immediately stop using or trying to use our Website, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
Terms and Conditions and Website Changes
We reserve the right to add to, delete or modify these Terms and Conditions as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, it means you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms and Conditions that apply to you.
Ownership and Use of Website and Content
Our Website and, except as described below, all Content, is either the property of Gimideals.com or our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively, “Gimideals Entities”), and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word “Content” is used it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Website.
You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us, you are giving us and the Gimideals Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us and the Gimideals Entities such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), do not submit or provide Content.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Our Website may allow you to submit an email address and/or other information to us or register and create an account in order to access certain Content on our Website or receive communications from us. As part of the registration process, you may be asked to choose a password (or we may assign an initial password, which we will give you the option to change).
In addition, when you register you may be automatically subscribed to receive certain email notifications and Content from us (“Automatic Communications”), or we may give you the option to select and receive certain email notifications and Content from us (“Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications.
You are responsible for maintaining the confidentiality of any password you are required to create and any email address associated with that password. We are not liable for any harm caused or related to the theft or misappropriation of your password, disclosure of your password, or your authorization of anyone else to use your user name or password, and you will defend and indemnify us for any such harm as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
Right to Terminate
In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) discontinue, suspend or terminate your use of our Website at any time, including any time we determine, in our sole judgment, that you or your use of our Website may violate these Terms and Conditions; and (b) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
Links to Other Websites and Transactions with Other Organizations
If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that we are associated with or have endorsed, reviewed or even know anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside our Website, even if a link on our site allowed you to do so. When you leave our Website, you should confirm the terms and conditions, privacy and other policies that apply to you, since we neither control, nor have any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another website or web page has our name, logo or other identification normally associated with us, it may or may not be authorized by us and you should not assume it is our Website, unless it actually says so and the terms and conditions that apply to you are these Terms and Conditions.
If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that we will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on this Website.
Transactions with Other Organizations
Our Website and/or Services may provide you with access to certain promotional offers provided by a third party through our Website. Your transactions or interactions with any persons, businesses or other entities found on or throughout Website or Services is between you and such third party. We make no warranty to any user with respect to the quality, safety, usability other aspect of any product or service products or services offered
Limitation of Liability
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, THESE TERMS AND CONDITIONS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Choice of Law
Claims of Copyright Infringement
If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our Website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to our Designated Agent below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Written notification must be submitted to the following Designated Agent:
Service Provider: Gimideals.com
Name of Designated Agent to Receive Notification of Claimed Infringement: Keisha Brescia, Vice President of Finance & Business Operations
Full Address of Designated Agent to Which Notification Should be Sent:
99 Park Avenue, 23rd Floor
New York, NY 10016
Telephone Number of Designated Agent: 646.834.9400
Facsimile Number of Designated Agent: 646.834.9390
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
If you have any questions about our Terms and
Conditions, please contact us at:
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