Gift Bar LLC ("Giftbar") operates an online service ("Site" or "Service") that sells gift certificates and gift cards ("Gift Card" or "Gift Cards") on behalf of a select group of businesses ("Participating Merchant" or "Participating Merchants") to consumers ("Member" or "Members").
Gift Cards of a specific Participating Merchant may be redeemed at the store of such Participating Merchant, subject to that Participating Merchant's Terms & Conditions. Participating Merchants and available denominations of the merchant Gift Cards and locations of Participating Merchants are subject to change. Gift Cards are not redeemable for cash and have a cash value, where required by law, of 1/100 of 1 cent.
Participating Merchants are subject to change, and availability of Gift Card for the Participating Merchants cannot be guaranteed. Giftbar does not assume responsibility or liability for the actions, products, locations or content of any current, former or future Participating Merchant.
Redemption of Participating Merchant Gift Cards is subject to the limitations and rules set by the respective Participating Merchants and such Participating Merchant Gift Cards may not be available for use and redemption by individuals located outside the 50 United States and the District of Columbia.
If a redemption order exceeds the value of a Gift Card of a Merchant, you will be responsible for additional charges associated with that order in accordance with the Merchant's payment policies. Gift Cards do not expire. Orders on the www.giftbar.com website are subject to Giftbar's Legal Disclaimers and Security and Privacy Policies. Individually identifiable redemption and balance information will only be shared with the recipient/owner of the Gift Card.
- Transmit via or through the Site any information, data, text, images, files, links or software except in connection with your authorized use of this Site or therwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
- Obtain unauthorized access to any computer system.
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of Giftbar.com
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
- Abuse the "Invite a Friend" benefit in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses.
- Abuse special discounts, awards or incentives offered by Giftbar.
Refunds: ALL SALES ARE FINAL. No refunds, cancellations, credits or adjustments will be issued once a gift card order has been placed.
Lost or Stolen Gift Cards: Giftbar is not responsible for lost or stolen gift cards. In the event a gift card is lost or stolen, customers must contact Giftbar immediately and Giftbar will, as a courtesy, attempt to deactivate the gift card and issue a replacement number.
Membership Eligibility: The Site is available to Members who are 18 years and older, residents of the 50 United States and the District of Columbia, and who have not been suspended or removed by Giftbar for any reason. By becoming a Member you represent that you are of legal age and that you reside in the 50 United States or the District of Columbia. If you do not qualify, you may not use the Site. As a Member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site's registration form, and you agree to use the Site for your own personal use and not for commercial purposes. Members may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. If you find out that someone is using your Member account without your permission, you must let us know immediately. You may not transfer your Member account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) ("Site Components") available on the Site are the property Giftbar and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, including but not limited to recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.
User Content: You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content," we mean any Content you post to the Site. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the User Content.
If we allow you to upload User Content, you may not:
- Provide User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
- Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
- Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- Provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
- Use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
- Provide User Content which disparage us or our partners, vendor or affiliates.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
We Are Not Responsible for User Content: We generally do not review any of the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
Purchasing: Giftbar works with outside providers for maintenance and operation of the Giftbar website. Giftbar and its partners strive for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. Giftbar has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, Giftbar will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price. Giftbar displays suggested retail prices for goods offered on the Site based on pricing information provided by vendors and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Site. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Giftbar or its suppliers be held liable for any damages due to such interruptions or lack of availability. Giftbar reserves the right to reject any order, even after it has been placed on its website, for any reason with a full refund provided to customer.
Chargebacks: Customers agree to contact Giftbar via telephone (email and voicemails are not acceptable) to discuss questionable credit card charges before contacting the credit card's issuing financial institution. In the event a customer disputes a charge from Giftbar and initiates a chargeback and the chargeback investigation is decided in Giftbar's favor, Giftbar reserves the right to charge the customer a fee to cover its costs associated with penalties, research and other costs associated with resolving the chargeback. All gift cards purchased via a disputed transaction will be invalidated until the investigation is complete and will remain invalidated if the chargeback is decided in favor of the customer.
Credit Card Purchases: By making a purchase with a credit card, customer is authorizing that he or she is either an authorized cardholder of the credit card account utilized or has obtained permission from an authorized cardholder of the account used. In the event a credit card is used to make a purchase on Giftbar that is later disputed by an authorized cardholder, the amount charged becomes payable, on demand, by the customer who utilizied the card without authorization. This amount must be paid via a credit card in the customer's name and is subject to additional fees to cover the costs associated with processing the dispute. Giftbar reserves the right to pursue any and all means necessary to secure the amount due, including fees.
Discounts: Giftbar reserves the right to limit, modify or discontinue the terms and conditions surrounding coupon codes or other promotions for any reason, at any time and without notice. Only one coupon code can be used per order. Coupon codes may only be used once per customer (and not per email address). Acceptance of an order via our website does not consitute final acceptance of discount(s) or special offer(s) and we reserve the right to cancel or charge the normal price on any order. Discount codes are only valid for consumers who directly receive the marketing material that contains the code(s). Discount codes obtained directly from a merchant or other third party are not valid without prior written approval by Giftbar. Promotional codes are not valid on prior purchases and cannot be retroactively applied to any purchase. Promotional codes not valid for gift cards for furniture stores.
Online Ordering: Unless specifically indicated, Giftbar gift cards may not be valid on Merchant websites. In some cases, you may be required to manually place an order via telephone, email, fax or other method in order to use a Giftbar gift card for all or part of the order total. Such orders may require additional processing time or fees, which are at the sole discretion of the Merchant. You will be responsible for any balance due via a payment method accepted by the Merchant.
Promotional Gift Cards: Promotional gift cards remain the property of Giftbar and must be surrendered upon demand. Giftbar reserves the right to invalidate a promotional gift card at any time or to change the terms and conditions surrounding the use of such promotional gift cards at any time and without notice. Promotional gift cards are subject to expiration dates as indicated on the gift card and, if none is listed, may expire at any time without notice. Promotional gift cards are not redeemable for cash and have a cash value, where required by law, of 1/100th of 1 cent.
Identity Verification: Because of the nature of the products Giftbar offers, all orders are subject to an identity verification process before being released. By making a purchase from Giftbar, you agree to complete any and all identity verification requests from Giftbar. Giftbar reserves the right to reject and cancel any orders for any reason and without notice even if they successfully passed identity verification processes.
LINKS TO THIRD-PARTY WEBSITES
No Implied Endorsements: This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.
Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, GIFTBAR DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: IN NO EVENT SHALL GIFTBAR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF GIFTBAR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF GIFTBAR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO GIFTBAR IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHAL GIFTBAR OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF GIFTBAR.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
International Use: We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
Risk of Loss: The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
Affiliates: Giftbar is not affiliated with websites or third parties that sell or advertise our products or the Site without a written agreement with us. Giftbar reserves the right to void all service, return, and other policies for orders and Giftbar products that were purchased through unauthorized sellers or sellers that violate Giftbar policies. Giftbar is not responsible for any representations by unauthorized sellers.
Copyright Infringement: Notice and Take Down Procedures: Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: Giftbar
PRODUCT FEATURES AND TERMS
Gift certificates and gift cards of a specific Participating Merchant may be redeemed at the store or website of such Participating Merchant, subject to that Participating Merchants Terms & Conditions. Participating Merchants and available denominations of the merchant gift certificates and gift cards and locations of Participating Merchants are subject to change. Gift Cards of Gift Certificates are not redeemable for cash.
Participating Merchants are subject to change, and availability of merchant card for the Participating Merchants cannot be guaranteed. Giftbar.com does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Participating Merchant.
Redemption of Participating Merchant gift certificates and gift cards is subject to the limitations and rules set by the respective Participating Merchants and such Participating Merchant gift certificates or gift cards may not be available for use and redemption by individuals located outside the United States.
If a redemption order exceeds the value of a Gift Card or Gift Certificate of a Select Merchant you may be asked to pay for additional charges associated with that order.
Gift Cards and Gift Certificates do not expire. Orders on the www.giftbar.com website are subject to Giftbar.com’s Legal Disclaimers and Security and Privacy Policies. Individually identifiable redemption and balance information will only be shared with the recipient/owner of the gift card and/or gift certificate.
ADDITIONAL TERMS OF SALE
Customer may not use Giftbar.com’s name or trademark, or the names or trademarks of Giftbar.com’s Participating Merchant without Giftbar.com’s prior written consent. Customer will defend, indemnify and hold Giftbar.com harmless from any and all claims, damages, judgments and expenses resulting from such unauthorized use.
The property rights of Participating Merchant gift certificates or gift cards purchased hereunder shall be construed under the laws of the Commonwealth of Virginia, without giving effect to the principles of conflicts of laws. Giftbar.com Corporation is a Delaware corporation with offices in Chicago, Illinois. Giftbar reserves the right to amend these terms and conditions from time to time in its sole discretion.
COPYRIGHT AND MARKS
Copyright © 2020 Gift Bar LLC. All rights reserved. The name Giftbar, Give Local. Give Smart. and the lowercase script with the tail of the "F" underlining the word logo are registered trademarks of Gift Bar LLC. Giftbar of Choice, Spoilbar, Giftbar Mixers, Giftbartender, Giftbar Wallet, Insanely Curated Gift Cards, The Best Gift Cards in Your City, Design & Send Instantly via Text, Email, or Print at Home, This Week We Love, Raising the Giftbar, How Gifting Magic Happens, 866-989-5580, The Gift Card Service for Local Gift-Worthy Boutiques, Services and Restaurants and associated logos, designs, colors and compositions are marks or trade dress of Gift Bar LLC.