Gift List Media Terms & Conditions
All content of the website and database is owned, operated, and distributed by Effervescent Communications LLC, a California limited liability company (referred to in these terms and conditions as “us”, “we”, “our”, etc.) DBA Gift List Media. Subscribers and potential subscribers (including persons or companies who sign up for a test drive) are referred to as “Licensee”, “subscriber”, “you”, or “client”. The Gift List is referred to in these terms as “Database”, “Website”, “List”, “Subscription” and “License”.
The Gift List and The Editorial Look Book are property of Gift List Media. If you do not agree to any of these terms, YOU SHOULD not use the SERVICE. These Terms of Service apply to all users, including potential subscribers, and users who have subscribed for services.
Each subscription is limited to the individual that is listed on the subscription/order. The Licensee agrees that this license is for use by personnel at the licensed organization only and is limited to personal and in-house company use. Additional logins are required for additional users within the same company. Companies with multiple office locations will need separate licenses for each office location, and are not allowed to share logins. You agree that you will not: (a) copy or distribute any part of the Service in any medium to anyone outside of your company; (b) modify any content of the database to resell or redistribute in any format; (c) access the services in order to build a similar or competitive website, product, or service; (d) share a login with anyone other than the individual who signed up; (e) add additional users to your subscription who are not employed by your company, including clients of your company. You may use the service and information to pitch clients’ products to media outlets, however you may not allow access of the database/service to your clients. Each client who needs access to the database and proprietary information must purchase a separate subscription. If you would like to register for multi-user plans in order to allow multiple clients to have access to the database, please contact us for pricing and set-up.
You agree not to sign in using a VPN (virtual private network). You agree to allow us to track IP addresses of all logins in order to prevent fraud.
In order to access the Service, you will have to create a login account. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. You agree to use a company email where you can be reached regarding your subscription. You agree that if your email or contact information changes, you will contact us to update information. You agree that the lack of providing your correct contact information may result in missing out on future client-only early-bird discounts and list updates and communications. Accounts registered by “bots” or other automated methods are not permitted under any circumstances. You may never use another’s login account without permission, and may not permit anyone else to use your login account.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account. You agree to contact us in the event that an employee of your company who has access to your account is terminated or quits, in order to have the password changed.
You agree not to disclose to media where you got their media contact info and never mention The Gift List or Gift List Media in your pitch. Any violation of this may result in permanent termination of your account.
You agree to appropriate use of the contacts. You agree to pitch only appropriate submissions to editors who cover specific categories that fit your product. You agree not to send blanket submissions to every contact on The Gift List. Any reported abuses by media contacts may result in termination of your subscription. Repeated abuses will result in permanent termination of your account.
You agree to allow us to send you communications about your subscription and any other special offers and news that only goes to subscribers.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. We may, at our sole discretion, modify these Terms of Service at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of May 1, 2019.
We reserve the right to refuse service to any person for any reason, in our sole discretion. The Gift List reserves the right to suspend accounts that are reselling or sharing information or accounts.
Fees
The fees for the service will be charged to your credit card on the day you sign up. We do not provide refunds or credits for partial years of service, no longer needing the service, or not using the service after the account was opened, or for any other reason.
Third Party Content
The Service contains links to third party social media accounts and media websites that are not owned or controlled by us. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third Party Content”). We shall not be responsible or liable for any changes of Third Party Content or absence of Third Party Content if removed from social media by the Third Party.
Intellectual Property Rights
Except for User Content and Third Party Content, all material included on the Service, including PDF profiles, spreadsheet downloads, or any other content copied or downloaded from our site (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Public Submissions of third parties obtained through the Service for any commercial purposes.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Indemnity
You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (vi) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.