Terms of Use & Privacy Policy

Note: Some of the links in this post are affiliate links, which means The Giftler may receive a small commission on purchases. Your price is the same either way!
Read our full terms of use >

The Gist:

We (The Giftler) run a blog and website and would love for you to use it to find the right gift for each important person in your life. We don’t charge for use of our site and we never collect payment information. We do often feature affiliate links to various low-tech products and services on other websites, for which we earn a small commission when you make a purchase via these links. You pay the same low price whether you use the link or not, and this revenue is essential to our ability to continue finding and sharing our favorite gift ideas with you.

(Thanks to the folks at WordPress.com for making this excellent Terms of Service template available under a Creative Commons Sharealike license. That means you’re more than welcome to repurpose them for your own use, provided that you credit the original source.)

 

Terms of Service:

The following terms and conditions govern all use of TheGiftler.com website and all content, services, and products available at or through the website (taken together, the Website). The Website 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, The Giftler’s Privacy Policy) and procedures that may be published from time to time by The Giftler (collectively, the “Agreement”). You agree that we may automatically upgrade our Website, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of our Website, 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 or use the Website. If these terms and conditions are considered an offer by The Giftler, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and access and use of the Website is only offered to users 13 years of age or older.

Affiliate Disclosure

In 2015, the FTC published new rules for Disclosure Compliance. The rules exist to help readers or viewers of online content understand whether the publisher is sponsored, endorsed, or partnered with other companies.

In compliance with the FTC guidelines, you can assume that links on TheGiftler.com are affiliate links for which The Giftler often receives a small commission from sales of certain items.

What are affiliate links?
When a visitor to TheGiftler.com clicks on an affiliate link to learn more about or purchase an item, the visitor may eventually purchase the item from the seller directly (not from The Giftler). Amazon and/or other companies then pay The Giftler a small commission for providing the affiliate link. Not all links on TheGiftler.com are affiliate links. We regularly link to goods and services for which we receive no compensation. Either way, the price you pay for any good or service shown on TheGiftler.com is always exactly the same regardless of whether you use an affiliate link or not. You will never pay more for clicking through on an affiliate link. Sometimes you’ll even pay less, particularly if there’s a coupon involved.

TheGiftler is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, Amazon.com. Amazon offers a small commission on products sold through their affiliate links. Each of your purchases via our Amazon affiliation links helps us continue to find and share amazing low-tech gift ideas, all at no cost to you. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.

The Giftler also has affiliate relationships with Etsy, UncommonGoods, Minted, Pinhole Press, eBay, and other fine merchants of low-tech wonders.

Responsibility of Website Visitors

You agree not to use the Website for any illegal purpose, and that you will respect all applicable laws and regulations. You agree not to use the Website in a way that could impair the performance or manipulate the content or information available on the Website, or reduce the functionality of the Website. You agree not to compromise the security of the Website or attempt to gain access to secured areas of the Website without permission or attempt to access any sensitive information you may believe exists on the Website or server where it is hosted. You agree to be fully responsible for any claim, expense, losses, liability, costs including legal fees incurred by us arising from any infringement of the terms and conditions in this agreement and to which you will have agreed if you continue to use the Website.

The Giftler grants you a limited license to access and use the Website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the Website for your personal use and enjoyment.

This license or access and use does not include any resale or commercial use of the Website or its contents, any derivative use of the Website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools.

Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Giftler. You may not use any meta tags or any other “hidden text” utilizing The Giftler’s name or trademarks without the express written consent of The Giftler. Any unauthorized use terminates the permission or license granted by The Giftler.

The Giftler has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Giftler 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. The Giftler disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

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 TheGiftler.com links, and that link to TheGiftler.com. The Giftler does not have any control over those websites, and is not responsible for their contents or their use. By linking to an outside website, The Giftler does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harm. The Giftler disclaims any responsibility for any harm resulting from your use of outside websites and webpages.

Copyright Infringement and DMCA Policy

As The Giftler 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 TheGiftler.com violates your copyright, you are encouraged to notify The Giftler in accordance with standard Digital Millennium Copyright Act Policy. The Giftler will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property

This Agreement does not transfer from The Giftler to you any The Giftler or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Giftler. The Giftler name, The Giftler logo, all written blog content and all other trademarks, service marks, graphics and logos used in connection with TheGiftler.com and the Website, are trademarks of The Giftler. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Giftler or third-party trademarks.

Changes

The Giftler 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Giftler may also, in the future, offer new services and/or features through the Website (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

The Giftler may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. 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 Website is provided “as is”. The Giftler 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 The Giftler nor its suppliers and licensors, makes any warranty that the Website 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 Website at your own discretion and risk.

Limitation of Liability

In no event will The Giftler 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 or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Giftler under this agreement during the twelve (12) month period prior to the cause of action. The Giftler 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 Website will be in strict accordance with The Giftler 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 Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless The Giftler, 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 Website, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between The Giftler and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Giftler, or by the posting by The Giftler of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, 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 San Francisco County, California. 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 Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, 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; The Giftler 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.

 

Privacy Policy

It’s Your Information

The Giftler is not a data company. We scour the all corners of the world for wonderful and unique gift ideas. We don’t hoover up personal information about what brand of razor you use, how much you hang out on Facebook, or whether you’re more likely to buy something if the click through link is blue instead of orange. Our website does, however, collect some very basic information so we can make sure the site is running smoothly and helping you find the right gift, fast! Read on to better understand how, when, and why we gather certain information and how we use it.

Safety & Security

Browsing The Giftler is safe and secure. Our site only runs in secure HTTPS mode, which means we’re using the industry-standard SSL (Secure Sockets Layer) protocol. Any data you might submit, like your email address, is totally secure. This SSL system encrypts whatever information you share with us via our website.

Where in the World?

Our website automatically logs each customer’s IP address, which is the number that’s assigned to your computer or mobile phone whenever you’re browsing the internet. This information helps us figure out where in the world our readers are so that we can offer the best information to each person. We don’t match your IP address to personal information or use it to build dossiers on our visitors.

VIP Email List

When you sign up for our insider gift discovery email,  we’ll ask for nothing more than your name and email address. We’ll never rent, barter, sell, offer, lose, share, or even whisper your email address to anyone. Once you’re signed up, it’s super easy to unsubscribe if you no longer want to hear from us by email.

Yummy Cookies!

The Giftler serves up a fresh baked “cookie” or two whenever you visit our site. Most web browsers automatically accept these cookies and everything usually goes smoothly. Web cookies do not allow us to access any information on your computer. They merely allow us to know that you are still you as you move around our website, browse gift ideas, and click on things. We use these cookies to make sure customers are able to navigate our site smoothly and find what they’re looking for easily.