Terms of Service

EFFECTIVE DATE: APRIL 9th, 2013

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The services offered at www.icardgiftcard.com ("iCARD Gift Card" or "Site"), and any subdomains, are provided to you under the terms and conditions of this iCARD Gift Card LLC Terms of Service ("Terms of Service"), and any operating rules or policies that may be published by iCARD Gift Card at the URL: www.icardgiftcard.com (the "Service"). The Terms of Service comprises the entire agreement between you and iCARD Gift Card LLC and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING ICARD GIFT CARD, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use iCARD Gift Card as long as you adhere to these Terms of Service.

2. SERVICES VOID WHERE PROHIBITED

Use of the Services is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. REGISTRATION

You are required to register with iCARD Gift Card if you want to purchase a Gift Card. You are also required to register if you want to view and edit your profile, check the status on a purchase or a redemption, write a review, create profiles of gift recipients, and create and access your reminders. In order to register with iCARD Gift Card you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
Please click here to review our privacy policy.

4. DESCRIPTION OF SERVICE

iCARD Gift Card allows you to purchase an electronic gift certificate (a "Gift Card"). A Gift Card may be redeemed for gift cards provided by merchants through the Site. The list of merchants participating in the Gift Card program at any one time will be available on the iCARD Gift Card Web site (the "site"). The following are some specific terms and conditions regarding Gift Cards.

1. EXPIRATION

   A Gift Card does not have an expiration date. However, once a Gift Card has been redeemed for a partnering merchant's certificate, the specific merchant's expiration rules apply.

2. MERCHANTS

   Gift Cards are not redeemable directly with participating merchants. iCARD Gift Card reserves the right to make changes in the list of participating merchants at any time, without notice to you, and does not guarantee that a specific merchant will be available at all times. Once a Gift Card is redeemed, iCARD Gift Card is not responsible or liable for any restrictions, term and/or conditions placed by a merchant on that merchant's gift certificate or gift card program and/or for any products or services rendered by the selected merchant. Please contact the merchant directly for any questions. iCARD Gift Card is not responsible for merchants that go out of business or that change their location(s).

3. TERMS OF SALE

   All sales are final. Gift Cards are redeemable on the Site for gift certificates and/or gift cards from merchants listed on the site. A Gift Card is only redeemable through the iCARD Gift Card Web site and cannot be returned, redeemed directly with merchants or redeemed for cash, unless required by law. Gift Cards are only valid for future purchases and cannot be applied to past purchases. Gift Cards can only be redeemed for amounts in U.S. dollars and merchant gift cards will only be shipped to valid addresses within the United States and Puerto Rico. All orders, including electronic and paper certificates, will be verified. iCARD Gift Card may require additional verification before issuing a Gift Card to a recipient and, if iCARD Gift Card is unable to obtain any requested additional verification, either in scope or in time, then iCARD Gift Card may, in its sole discretion, cancel an order and refund the purchase amount.

4. SHIPPING

   iCARD Gift Card is not responsible for orders that are not received as a result of incorrect or incomplete delivery information provided by the customer. Overnight mail deliveries may not be sent to a P.O. Box. iCARD Gift Card does not ship to international addresses other than those in Puerto Rico. Shipping is not necessary for all iCARD Gift Card merchant redemptions. If shipping is required, regular mail and express mail options may be available.

5. REFUNDS AND EXCHANGES

   Gift Cards and merchant gift certificates can not be returned or exchanged for credit. iCARD Gift Card may, in its sole discretion, cancel any order and refund any amounts paid.

6. NON-RECEIPT OF A GIFT CARD

   iCARD Gift Card is not responsible for gift cards not received due to loss, theft, misdirected mail, spam filters, or customer negligence. Customers have forty-five (45) days to report an order as non-received. Orders reported as non-received will be investigated and iCARD Gift Card may replace the order in its sole discretion.
7. IN ADDITION TO THE DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE, YOU EXPRESSLY AGREE THAT THE PURCHASE AND REDEMPTION OF ANY GIFT CARDS THROUGH THE ICARD GIFT CARD SERVICE IS AT YOUR SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS POSTED BY ICARD GIFT CARD FROM TIME TO TIME AND MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY MERCHANT WITH WHOM YOU ARE REDEEMING THE GIFT CARD. ICARD GIFT CARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO ANY GIFT CARD AND/OR PRODUCT AND/OR SERVICE OFFERED BY ANY MERCHANT THROUGH ANY PROGRAM, INCLUDING, BUT NOT LIMITED TO GIFT CARD PROGRAM, AVAILABLE ON THE SITE.

6. CONTENT

You are solely responsible for any data, text, graphics, messages, or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your gift card messages. All Content posted by you is your sole responsibility. iCARD Gift Card does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will iCARD Gift Card be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted via the Service. Subject to the terms of iCARD Gift Card's Privacy Policy, you agree if you post any Content on the iCARD Gift Card Site, you grant to iCARD Gift Card, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom iCARD Gift Card has a relationship. You also grant iCARD Gift Card the right to authorize the downloading and printing in whole or in part of any Content that you post to the iCARD Gift Card Service.

7. COPYRIGHT POLICY/INFRINGING MATERIAL

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the ICARD Gift Card Service without your permission or in any way that constitutes copyright infringement, please provide iCARD Gift Card with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the iCARD Gift Card Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact iCARD Gift Card at the following address: iCARD Gift Card LLC, Attention: Claims Department, 401 E Las Olas Blvd #130-551, Fort Lauderdale, FL 33301.

8. NO "SPAMMING"

You must not use any feature of the iCARD Gift Card Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by iCARD Gift Card. If you use any feature of the iCARD Gift Card Service for the purpose of sending Spam, iCARD Gift Card reserves the right to immediately terminate your access to the iCARD Gift Card Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the iCARD Gift Card Service for Spam, please notify iCARD Gift Card using the Report Abuse form that is available by clicking the "Report Abuse" link under a user's product review.

9. NOTICES

iCARD Gift Card may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to iCARD Gift Card in writing via e-mail or as otherwise expressly provided by iCARD Gift Card. iCARD Gift Card may broadcast, distribute or display notices or messages through the iCARD Gift Card Service to inform you of changes to the TERMS OF SERVICE, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

10. PRIVACY POLICY

It is iCARD Gift Card's policy to respect the privacy of its users. iCARD Gift Card's policies with regard to Personally Identifiable Information it collects from you, what information third parties affiliated with iCARD Gift Card collect from you and how that information is used is governed by the iCARD Gift Card Privacy Policy.

11. SECURITY

You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify iCARD Gift Card immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform iCARD Gift Card of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until iCARD Gift Card is notified of a breach in security, you will remain liable for any unauthorized use of the iCARD Gift Card Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, iCARD Gift Card reserves the right to terminate your account immediately and your right to use the iCARD Gift Card Service.

12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE

Your right to use the iCARD Gift Card Service is personal to you. You agree not to resell or make any commercial use of the iCARD Gift Card Service without the express consent of iCARD Gift Card. You may not create bots or other computer generated automatic tools to abuse the iCARD Gift Card Service in any manner. Use that constitutes abuse shall be determined by iCARD Gift Card in its sole discretion. iCARD Gift Card reserves the right to terminate your account if iCARD Gift Card determines you have not complied with these Terms of Service.

13. USER CONDUCT

iCARD Gift Card reserves the right, but does not assume the responsibility, to monitor or review your conduct on the iCARD Gift Card Site. Your use of the iCARD Gift Card Service is subject to all applicable local, state, national and international laws and regulations.
In using the iCARD Gift Card Service you agree not to:

• Use the iCARD Gift Card Service for illegal purposes;
• Interfere or disrupt networks connected to the iCARD Gift Card Service or violate the regulations, policies or procedures of such networks;
• Use the iCARD Gift Card Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
• Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
• Transmit through the iCARD Gift Card Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
• Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the iCARD Gift Card Service;
• Transmit through the iCARD Gift Card Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
• Interfere with another User's use and enjoyment of the iCARD Gift Card Service;
• Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
• Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the iCARD Gift Card Service any directory of iCARD Gift Card's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service;
• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
• Engage in any other conduct which, in iCARD Gift Card's sole discretion, is considered inappropriate, unauthorized or objectionable.

14. INDEMNIFICATION

You agree to indemnify and hold iCARD Gift Card, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the iCARD Gift Card Service, the violation of these Terms of Service by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

15. TERMINATION

You may terminate your participation in the iCARD Gift Card Service with or without cause at any time and effective immediately. iCARD Gift Card may terminate the iCARD Gift Card Service or your use of the Service with or without cause at any time and effective immediately, at iCARD Gift Card's sole discretion, by immediate termination of your use of the iCARD Gift Card Service should your conduct fail to conform to the terms and conditions of these Terms of Service. iCARD Gift Card shall not be liable to you or any third party for termination of the iCARD Gift Card Service or termination of your use of the iCARD Gift Card Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications iCARD Gift Card makes to the Terms of Service or become dissatisfied with the iCARD Gift Card Service in any way, your only recourse is to immediately: (1) discontinue use of the iCARD Gift Card Service; and (2) notify iCARD Gift Card of your termination and, at your discretion, notify iCARD Gift Card of the reasons for your termination. Upon termination of your use of the ICARD Gift Card Service, your right to use the iCARD Gift Card Service shall cease immediately. You shall have no right and iCARD Gift Card will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the Terms of Service.

16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

iCARD Gift Card shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the iCARD Gift Card Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. iCARD Gift Card is under no obligation to become involved in disputes between participants on the iCARD Gift Card Service, or between participants on the iCARD Gift Card Service and any third party.

17. LINKS TO THIRD PARTY SITES

Any web sites that are accessible via links included within the iCARD Gift Card Service that take you out of the iCARD Gift Card Service are not under iCARD Gift Card's control and iCARD Gift Card shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

18. VIOLATION OF TERMS BY OTHER USERS

iCARD Gift Card asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at or click on the Report Abuse link under user reviews.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ICARD GIFT CARD SERVICE IS AT YOUR SOLE RISK. THE ICARD GIFT CARD SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICARD GIFT CARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICARD GIFT CARD MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ICARD GIFT CARD MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ICARD GIFT CARD DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO ICARD GIFT CARD FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. ICARD GIFT CARD ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE ICARD GIFT CARD SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE ICARD GIFT CARD SERVICE. ICARD GIFT CARD MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICARD GIFT CARD OR THROUGH THE ICARD GIFT CARD SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE ICARD GIFT CARD FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS ICARD GIFT CARD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND/OR DAMAGES IN ANY WAY CONNECTED WITH ANY PRODUCTS AND/OR SERVICES PURCHASED AND/OR REDEEMED BY WAY OF USING THE ICARD GIFT CARD WEBSITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS. IN ADDITION, ICARD GIFT CARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ICARD GIFT CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH ICARD GIFT CARD OR A THIRD PARTY THROUGH THE USE OF THE ICARD GIFT CARD SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT ICARD GIFT CARD IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE ICARD GIFT CARD SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

21. GENERAL PROVISIONS

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Missouri, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Missouri, provided, however, that iCARD Gift Card, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Fort Lauderdale, Florida, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. iCARD Gift Card's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iCARD Gift Card in writing. User and iCARD Gift Card agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE

iCARD Gift Card reserves the right to modify or discontinue the iCARD Gift Card Service with or without notice to you. iCARD Gift Card shall not be liable to you if iCARD Gift Card modifies or discontinues its Service. iCARD Gift Card may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, iCARD Gift Card may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the iCARD Gift Card Service. By using the iCARD Gift Card Service after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.
This Terms of Service was last updated on August 31, 2009.