Terms of Service

The following terms and conditions govern all use of the Giveawaytools.com website and all content, services and products available at or through the website, including, but not limited to, the Giveaway Tools entry form widget system (taken together, the Service). The Service is owned and operated by Giveaway Tools, LLC. ("Giveaway Tools"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Giveaway Tools' Privacy Policy) and procedures that may be published from time to time on this Site by Giveaway Tools (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Giveaway Tools, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Responsibility of Service Visitors. Giveaway Tools has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Giveaway Tool's does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Giveaway Tools disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted. You release Giveaway Tools of all liability, including but not limited to items won through the Service in giveaways created by Giveawaytools.com members.

Premium Services. Premium services cost $9 a month for access. The services are limited to the following four numbered items. 1. An embeddable sidebar widget that displays a list of giveaways that updates regularly over a short time-frame. 2. The ability to customize some aspects of an entry-forms appearance and the removal of the GT logo images at the top and bottom of the entry-form. 3. A Refer A Friend entry-type. 4. Access to the Automatic Promotion system where your giveaways that contain information deemed necessary by Giveaway Tools, LLC will be promoted on a number of linky and giveaway directory sites. While there is no guarantee on the number of sites a giveaway will be promoted, Giveaway Tools, LLC will make it's best effort to post to all of the sites listed at http://giveawaytools.com/promoteList.php under the individual site's appropriate submission time-frames.

Recurring Charges For Premium Services. By ordering access to Giveaway Tools Premium Services you will automatically be charged $9 a month until you cancel your Premium service.

Your Giveaway Tools Account. If you are a member of Giveaway Tools, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account or giveaways in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Giveaway Tools may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Giveaway Tools liability. You must immediately notify Giveaway Tools of any unauthorized uses of your account or any other breaches of security. Giveaway Tools will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must not sell or trade any information gathered by the Giveaway Tools widget system. You must respect the privacy of the users that enter your giveaway.
You agree to allow Giveaway Tools to embed Google Analytics® and Quantcast® web analytics programs with the Service on your web-site/service and agree Giveaway Tools will not be liabile from the inclusion of these web analytics programs.
By submitting any information to Giveaway Tools for inclusion on your Service, you grant Giveaway Tools a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish any of the information solely for the purpose of displaying, distributing and promoting your blog & giveaway. If you delete any information, Giveaway Tools will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to any information may not be made immediately unavailable. Giveaway Tools has the right (though not the obligation) to, in Giveaway Tools's sole discretion (i) refuse or remove any information that, in Giveaway Tools's reasonable opinion, violates any Giveaway Tools policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Giveaway Tools's sole discretion.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which embed the Service, and that link to Giveawaytools.com. Giveaway Tools does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Giveaway Tools does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Giveaway Tools disclaims any responsibility for any harm resulting from your use of any websites and webpages.

Copyright Infringement and DMCA Policy. As Giveaway Tools asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Giveawaytools.com violates your copyright, you are encouraged to notify Giveaway Tools in accordance with Giveaway Tools's Digital Millennium Copyright Act ("DMCA") Policy. Giveaway Tools will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Giveaway Tools will terminate a visitor's access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Giveaway Tools or others.

Intellectual Property. This Agreement does not transfer from Giveaway Tools to you any Giveaway Tools or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Giveaway Tools. Your use of the Service grants you no right or license to reproduce or otherwise use any Giveaway Tools or third-party trademarks.

Consideration of Third-Party Intellectual Property. You acknowledge that you are fully aware that Etsy® is a registered trademark of Etsy Inc., Facebook® is a registered trademark of Facebook Inc., FeedBurner® is a registered trademark of Google Inc., and Twitter® is a registered trademark of trademark of Twitter, Inc.. You acknowledge that you are fully aware that Giveaway Tools, LLC is not in partnership with nor endorsed by Etsy Inc., Facebook Inc., Google Inc. or Twitter, Inc..

Changes. Giveaway Tools reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Giveaway Tools may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Giveaway Tools may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Giveawaytools.com account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Service is provided "as is". Giveaway Tools and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Giveaway Tools nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability. In no event will Giveaway Tools, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Giveaway Tools shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the Giveaway Tools' Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Giveaway Tools, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Images. You acknowledge that you are aware that some of the images used by the Service were created by http://pixel-mixer.com, http://www.position-relative.com, http://www.fatcow.com/free-icons, http://www.rockettheme.com and http://www.visualpharm.com.

Miscellaneous. This Agreement constitutes the entire agreement between Giveaway Tools and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Giveaway Tools, or by the posting by Giveaway Tools of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lansing, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of an arbitor choosen by Giveaway Tools. The arbitration shall take place in Lansing, Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Giveaway Tools may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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Quantcast® is a registered trademark of Quantcast Corporation
Terms of Service repurposed from Wordpress Creative Commons License
©2011 Giveaway Tools, LLC | Terms of Service | Privacy Policy