Terms of Use — Our Service To You

These terms govern our service to you. Please take a moment to review our service offering.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE "SITE" OR USING ANY PART OF THE SITE OR "SERVICE" (BOTH AS DEFINED BELOW). BY USING THE REALGIFTS APPLICATIONS, THE WEB SITES GETREALGIFTS.COM OR REAL-GIFTS.COM OR THE SERVICES AVAILABLE ON THE SITE OR SERVICES MADE AVAILABLE BY PARTNERS THROUGH THE REALGIFTS JAVASCRIPT CLIENT AND API OR ANY OF OUR PLUGINS OR SERVICES, THE USER ("YOU") AGREES TO BECOME BOUND BY THE TERMS OF USE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, DO NOT USE OR ACCESS THE SITE AND/OR SERVICES.

YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

This Terms of Use (the "Terms of Use") sets forth legally binding terms and conditions for your use of the RealGifts applications and services. The RealGifts applications, the web sites real-gifts.com and GetRealGifts.com (the "Site") and the services available on the Site and services made available by partners through the RealGifts JavaScript client and API are owned and operated by RealGifts. ("RealGifts" , "we", "us", "our").

Acceptance

By accessing or using the Service, including the RealGifts applications made available by partners through the RealGifts JavaScript client and API, you agree to be bound by the Terms of Use, whether you are a visitor ("Visitor"), which means you use the Service through a personal computer or a mobile device without being registered or you are a Member ("Member"), which means that you have registered with the RealGifts partner and/or real-gifts.com or GetRealGifts.com. The term User refers to a Visitor or a Member. You are only authorized to use the Service if you agree to abide by all applicable law and the Terms of Use. Please read the Terms of Use carefully. If you do not agree to be bound by the Terms of Use and to follow all applicable law, do not use or access the Service or the Site and you should leave the Site and the Service immediately. If you wish to become a Member, communicate with other Members and use the Site or the Service as a Member, you must read the Terms of Use and indicate your acceptance during the registration process.

Eligibility

Use of the Service and Membership is void where prohibited. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate, you will maintain the accuracy of the registration information, and your use of the Service does not violate any law or regulation. We may, in our sole discretion, refuse to offer the Service to any person or entity and change our eligibility criteria at any time.

Modification of Terms of Use

We reserve the right, at our sole discretion, to change, modify, delete or replace any portions of the Terms of Use at any time without further notice. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy

Our current Site Privacy Policy (the "Privacy Policy") is incorporated into these Terms of Use. Although RealGifts employs strict policies and best efforts with regard to maintaining user privacy, there are ultimately humans involved, and errors are an inherent possibility. Therefore although we believe it is unlikely, it is possible that user data may be inadvertently shared with buyers, recipients, or other third parties either by error or willful act of an employee or agent of RealGifts or its affiliates, and RealGifts and its affiliates and agents will be held harmless and will not be held responsible or liable for any damages in any way for such errors, willful acts, negligence, or any other reason. Additionally, as with all online services, and although RealGifts generally employs standard best practices with regard to computer system security measures, it is always possible that some form of "hacking" breach may occur, where a malicious third party may steal, illegally access, or otherwise obtain with or without permission sensitive RealGifts user data and RealGifts and its affiliates and agents shall be held harmless and not responsible or liable for any damages in any way in such event. For inquiries regarding the Privacy Policy, or to report a privacy-related problem, please contact us at:

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by us or our partners on or through the Service.

By way of example, and not as a limitation, you shall not, or permit others to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content or application using any communications service or other service available on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • includes a photograph of another person that you have posted without that person's consent;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • advertises to, or solicits from any other user of the Service to buy or sell any products or services through the Service;
  • covers or obscures the banner advertisements on your personal profile page, or any real-gifts.com page via HTML/CSS or any other means;
  • sells or otherwise transfers your profile;
  • displays an advertisement on your profile, or accepts payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, or posting blogs or bulletins with a commercial purpose;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of RealGifts or any third party; or
  • collects or harvests email addresses or contact information of other users and Members from the Service for the purpose of sending unsolicited emails or other unsolicited communications or for any other commercial purposes;
  • uses automated scripting to collect information from the Site or to access and interact with the Site;
  • impersonates any person or entity, including any officer, director, employee, agent or representative of RealGifts.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by RealGifts in its sole discretion) an unreasonable or disproportionately large load on RealGifts' (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures RealGifts may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Registration

As a condition to using the Service, you may be required to register with RealGifts and select a password. You shall provide RealGifts with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your RealGifts account. RealGifts reserves the right to refuse registration of, or cancel your account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your RealGifts password. You shall never use another user's account without such other user's express permission. You will immediately notify RealGifts in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under RealGifts' control, and you acknowledge that RealGifts is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by RealGifts or any association with its operators. You further acknowledge and agree that RealGifts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Pricing & Authenticity Guarantee

RealGifts provides competitive pricing and guarantees the authenticity of goods. Goods are generally listed at or below MSRP and at or below the prices found at major department stores. Although RealGifts does not price-match, particularly with respect to items priced elsewhere online, RealGifts guarantees the new condition and authenticity of the goods it sells. However, this guarantee does not extend to any items added to a Wish List via a third-party source where the item is not fulfilled directly by RealGifts or its partners. If you find an item sold by RealGifts that is available for less at a major brick-and-mortar retailer, please let us know at .
If you find an item sold by RealGifts that is available for less online, please be advised that while RealGifts guarantees the new condition and authenticity of its goods, other online sellers may not. Please be aware that the United States economy alone is affected by $250 to $500 billion dollars per year in estimated counterfeiting costs. Counterfeiting is the passing off of imitation products as authentic brand-name goods. Counterfeit products are typically of poor quality and lack the features that make designer goods so sought-after, such as real precious metal content, real premium materials, superior craftsmanship, or fundamental qualities such as protection against UV radiations.
In some cases, RealGifts may include a service fee that is reflected in the delivery or item price or elsewhere and this generally modest fee is due to processing costs associated with particular products and such fees may be nonrefundable as determined by RealGifts at its sole discretion. RealGifts reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by electronic mail or message delivery to you.
RealGifts shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. RealGifts shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other payment account has been charged.
At all times, including during sale and promotional periods, a limited number of gifts are available at the listed price. Gift pricing during sale or promotional periods is only available for a limited quantity of gifts and/or while supplies last. Under no circumstance is RealGifts responsible for honoring a sale or promotional price due to an error of any kind, or if your gift purchase did not occur during the sale or promotional period. All promotional items unclaimed after 90 days will expire unless otherwise noted, and the value of such promotional items shall be the greater of zero or the amount paid for the promotional item or promotional portion of the transaction only; and such claimed or unclaimed promotional items shall have zero cash value and are not redeemable for cash in any case, and are only eligible for store credit for any balance paid by the purchaser for the promotional item or promotional portion of the transaction; and in every case that a promotional item is given to the purchaser at zero additional cost and only as an incentive to complete a transaction, those promotional items shall have zero value and may in no way be redeemed or exchanged for cash or store credit or other compensation of any kind.

Gifts

The selection of gifts available in the store may include a variety of physical gifts (such as edible chocolates or wearable jewelry), electronic gifts (such as electronically-deliverable gift cards), or virtual gifts (online-deliverable graphical icons or illustrations). When you place an order, you are purchasing store credit for the recipient to apply toward their choice of available gifts, including the gift that you selected, and the gift that you selected is only a suggestion for the recipient of the gift toward which you would like the funds applied, which allows the recipient the flexibility to exchange for something different. At the time of your purchase, the recipient is notified to redeem, exchange, apply, or otherwise use the gift or store credit you have transacted. Although we aim to provide an accurate representation of the gifts on our Site, the Site's pictures, graphics, icons, and descriptions are for representative and illustrative purposes only, and the actual gifts delivered may be different than what is represented on the Site. Statements made in gift descriptions and throughout the Site have not been evaluated by the Food and Drug administration. Gifts are not intended to treat, cure or prevent any disease. Gift sales or redemptions of store credit or exchange are limited to the gifts that are available in the store at the time of your present transaction, not at the time of your original or previous transaction in the case of redemption of store credit or substitution or exchange, and may be limited geographically or categorically, and do not necessarily include gifts that may have been available at a prior date. Certain gifts, like eGifts and Wish List items added from third-party websites may not be eligible to be sent to yourself. Additionally, store credit may only be applied toward a subset of gifts available in the store, as determined by RealGifts at its sole discretion. Gifts are available in limited quantities and while supplies last.

Delivery

Unless otherwise specified, gifts will be delivered to locations within the continental U.S. only. Gifts will not be delivered to P.O. Box, APO, or FPO addresses unless otherwise specified. The purchaser and/or recipient is responsible for supplying a correct and deliverable delivery address at the time of purchase and/or delivery address entry request. The purchaser is solely responsible for correct and deliverable delivery address entry. If the purchaser does not provide a delivery address, although RealGifts will attempt to contact and notify the recipient to provide the delivery address, RealGifts is not responsible for causing the recipient to provide the delivery address. The purchaser may be responsible for additional charges in the event of an incorrect or undeliverable delivery address, and in no event will a transaction be refunded in full or in part due to lack of delivery address entry, or incorrect or undeliverable address entry. Any delivery notifications issued by RealGifts may be estimates and should be seen as expected delivery dates only, and the purchaser is encouraged to follow up with the recipient to ensure gifts are received. Orders for gifts available for same-day delivery must be received and made deliverable by entry of a deliverable delivery address by 2pm Monday thru Friday and 11am weekends, in the recipient's time zone. Gifts that are not delivered on the expected day may be delivered the following day or a subsequent available day. All orders corresponding to a promotional offer are subject to additional processing time of up to one week or more based on volume, availability, and other factors.

RealGifts Content Generally

You agree that the Service contains Content specifically provided by RealGifts or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by RealGifts in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, RealGifts hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to download or print any portion of the Site or the Content (excluding any software code, any Content of the Site or Service intended for the exclusive use of RealGifts or its partners, and any confidential Content) for your personal, non-commercial use; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of RealGifts. Any use of data mining, robots or similar data gathering of the Content in the Site is strictly prohibited.

RealGifts Service

Gift arrival dates are subject to a variety of factors beyond RealGifts' control, including, but not limited to: holidays, weekends, recipient gift acceptance, recipient settings, delivery address, special shipping requirements, freshness, and availability. RealGifts cannot guarantee accurate arrival dates and is not responsible for gift arrival dates. Don't commit to a transaction unless you are ready to pay, because all sales are final. RealGifts is not responsible for inaccurate or incomplete delivery addresses. Although our delivery service providers use industry best practices, certain gifts are perishable or may be damaged or stolen if the recipient does not promptly receive or sign for the gift. RealGifts and its partners cannot be held responsible if the recipient is not available to receive the gift. RealGifts and its partners are not responsible for the condition of gifts upon arrival or for gifts that are stolen after delivery. Gift card balances are guaranteed at the time of physical or electronic delivery only, and RealGifts is not responsible for lost, stolen, or otherwise compromised physical or electronic gift cards or gift card balances. If your gift card balance was not available upon delivery of the physical or electronic gift card, you must submit your claim via email to within 7 days of delivery, and RealGifts will investigate and evaluate your claim at its sole discretion. In the event that RealGifts determines your gift card balance claim to be fraudulent, RealGifts will have no choice but to hold you responsible to the fullest extent permissible by law and to recover damages from you relating to any costs associated with replacement, investigation, or evaluation of your false claim. In the event that a gift becomes unavailable for any reason or is out of stock, RealGifts reserves the right to make reasonable gift substitutions or issue store credit, as determined by RealGifts at its sole discretion. RealGifts reserves the right to accept order cancellations at its sole discretion, and to withhold a refund processing fee not to exceed thirty percent of the total transaction amount in the event of intentional abuse or misuse of the service, as determined at its sole discretion. If a gift remains unclaimed for 14 days, the purchaser may request cancellation and receive store credit, or RealGifts may convert the gift to a store credit for the purchaser or recipient at its sole discretion, for any reason, at any time and without prior notice, in all cases less any processing fees not to exceed thirty percent of the total transaction amount. RealGifts may contribute to a charitable organization of its own selection (and charge additional standard processing fees for that transaction) all store credit amounts not claimed within 6 months of the associated transaction because RealGifts has been unable to reach either the purchaser or recipient, has not received adequate redemption instructions from the purchaser or recipient, or has not received a request to redeem such store credit. RealGifts reserves the right to disallow or cancel orders and provide refunds or issue store credit to the purchaser or recipient for any reason, at any time and without prior notice.

Returns, Replacements & Exchanges

Some gifts may be returnable, but most are generally not because items are considered used once a recipient has taken possession, such as by gift acceptance or delivery. Examples of gifts that are not returnable include eGifts, items that are perishable, special order items, and items of a personal nature. RealGifts reserves the right to accept returns that are in unused-undamaged-new condition within 14 days of purchase for full or partial store credit or exchange at its sole discretion, less a restocking fee of thirty percent or $25, whichever is greater. Items eligible for replacement will be applied at fifty percent of the original purchase price toward the equivalent replacement item, as determined by RealGifts at its sole discretion. Items fulfilled by a third-party may not be eligible for return, replacement, or exchange. Items returned without a Return Merchandise Authorization number issued and authorized via will not be accepted for return, replacement, or exchange and will be returned to the recipient at the recipient's expense or will be deemed abandoned if RealGifts does not receive instruction or payment for return shipment to the recipient plus reimbursement of $12 processing cost within 30 days and in advance of the return shipment to the recipient.

User Submissions

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, messages, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:

  • grant to RealGifts, its affiliates and their assignees a perpetual, non-exclusive, sublicensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute (within the Service), make derivative works of and otherwise exploit such User Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
  • represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by RealGifts (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
  • acknowledge that such User Submissions may not be treated confidentially, regardless of any written, oral, or otherwise perceived statements or implications to the contrary.

You shall not provide RealGifts with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. RealGifts does not endorse and has no control over any User Submission and does not guarantee that the privacy or secrecy of any User Submission will be maintained, regardless of any written, oral, or otherwise perceived statements or implications to the contrary.

RealGifts has no obligation to monitor the Site, Service, Content, or User Submissions. RealGifts may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Termination

RealGifts 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 your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. REALGIFTS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL REALGIFTS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, HACKING, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless RealGifts, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of, or access to, the Service; (ii) violation of the Terms of Use; (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or, (iv) submission of personal information that is disseminated by RealGifts, its affiliates or each of its, or its affiliates employees, contractors, directors, suppliers, either by willful act, negligence, or for any other reason whatsoever. Although RealGifts employs strict policies and best efforts with regard to maintaining user privacy, there are ultimately humans involved, and errors are an inherent possibility. Therefore although we believe it is unlikely, it is possible that user data may be inadvertently shared with buyers, recipients, or other third parties either by error or willful act of an employee or agent of RealGifts or its affiliates, and RealGifts and its affiliates and agents will be held harmless and will not be held responsible or liable for any damages in any way for such errors, willful acts, negligence, or any other reason. Additionally, as with all online services, and although RealGifts generally employs standard best practices with regard to computer system security measures, it is always possible that some form of "hacking" breach may occur, where a malicious third party may steal, illegally access, or otherwise obtain with or without permission sensitive RealGifts user data and RealGifts and its affiliates and agents shall be held harmless and not responsible or liable for any damages in any way in such event. RealGifts reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with RealGifts in asserting any available defenses.

International/Non-California Use

RealGifts makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and RealGifts agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in San Diego County, California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability

The Terms of Use are the entire agreement between you and RealGifts with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and RealGifts with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with RealGifts' prior written consent. RealGifts may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Additional Terms

The following terms are incorporated into this Agreement by reference:

  • Fandango Terms of Use
  • Teleflora Substitution Policy
    Occasionally, substitutions of flowers or containers are necessary due to temporary, regional availability issues. If this is the case with the gift you've selected, our experienced florists will ensure that the style, theme and color scheme of your arrangement is preserved and will only substitute items of equal or higher value.
  • Restaurant.com Card Terms and Conditions
    Restaurant.com Gift Cards may be redeemed solely for merchandise on http://Dine.Restaurant.com. Restaurant Gift Cards have no cash value and are not redeemable for cash at anytime. No expiration date. Other terms and conditions apply and can be viewed online at http://Dine.Restaurant.com

Patent, Copyright, and Trademark Notices

Unless otherwise indicated, the Terms of Use and all Content provided by RealGifts are copyright © 2005-2017 RealGifts. All rights reserved. Patents issued and pending.

"RealGifts", the "RealGifts" logos, "Real Gifts", and "Make It Real" are either trademarks or registered trademarks belonging to RealGifts. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners. All trademarks not owned by RealGifts that appear on the Site are the property of their respective owners. RealGifts is not the issuer of any of the gift cards or other closed-loop products on the Site and is not related to any merchant whose trademarks and gift cards appear on the Site for sale.

Protection of Copyrights, Trademarks, Patents and Other Intellectual Property Rights

RealGifts respects intellectual property rights of others and requires that you do the same. You shall not upload, post, embed, link, transmit, email or make available any content or material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any person or entity. RealGifts has the right to delete or remove any material or content if RealGifts in its sole discretion believes that such material or content infringes proprietary rights of others, and has the right to terminate the membership of any user that RealGifts in its sole discretion believes to be an infringer.

Contact

You may contact RealGifts at the following address:

RealGifts Inc.
P.O. Box 928679
San Diego, CA 92192