Terms of Use

Introduction

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, or “TOS” and constitutes a legally binding Agreement between you, (“You” or “User”) the visitor, member or advertiser to or on our giftsforunicorns.com web site, hereinafter referred to as the “site”, and IntroWizard LLC, (“We” “Us”) the duly formed Texas limited liability company that serves as the owner and operator of this site.

As a condition precedent to you being able to use any of the tools, functions, platform and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, receive or use any functions or services that this site offers, register as a member, or view any text or graphics, use or visit our forums, purchase digital content, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership or use our advertising system or any other tool or service that we provide to you. This document serves as your USER AGREEMENT and as such you must carefully read this document before using the services that we offer.

We reserve the right to refuse to allow access to our tools and services to any party for any reason we deem appropriate.

Users must be at least 18 years of age and legally able to enter into a binding contract to use this service UNLESS you are at least 13 years of age and your parent or guardian agrees to supervise your usage of our service AND he or she agrees to be bound by the terms and conditions of this Agreement.

Only humans are allowed to enroll as users. Robotic or automatic sign ups are not allowed.

You must provider your full legal name, a valid email address and any other information requested as a part of our sign up process in order to establish a valid user membership. You are solely responsible for all content posted and any activity relative to your user account EVEN if the content and/or activity is posted or conducted by some third party who has obtained access to your account.

You may not use our service to violate any law of any jurisdiction, including copyright laws, other intellectual property laws and the rights of privacy and publicity relating to any person or entity.

As a user, you will be able to create new applications using our tools and services. However, the use of our tools and services to create a new application does not create a legal relationship between us. We merely allow you to use our service.

In the event that more than one user submits a substantially same application as another user, we may accept only one of the applications and have the right to refuse to accept the others if they appear to be copies or redundant in nature.

You provide us with a permanent, irrevocable, royalty free, transferrable license to publish, copy and distribute any application that you create with our tools and services as well as the ability to use your name, likeness, personal information and application for marketing and promotional purposes.

Some applications may be direct or indirect copies of another application. It is in our sole discretion which applications we accept and which applications we reject.

We may be developing original applications that we own that may be similar to your application. That means that our application was already in development when you submitted your application and you agree to waive any intellectual property issues should you submit an application that is similar to one that we have created or are in the process of creating.

Account Terms

You must provide us with a valid credit card. Our services are non-refundable in nature. All fees are exclusive of taxes, levies or duties (“taxes”) imposed by taxing authorities and you are responsible for the payment of such taxes where you are required by law to do so.

We cannot promise that Apple will approve the application for your App. In the event Apple does not accept your App we cannot provide you with a refund.

Cancellation and Termination:

You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to us. Consult our web site for further details. Cancellations by phone or sent to any other email address will not be considered valid.

All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If we cancel your account for any reason we will delete your content. We reserve the right to refuse services to anyone at any time for any reason we deem in our sole discretion to be appropriate.

Modifications to the Service and Prices:

We reserve the right to change, modify, terminate or otherwise permanently or temporarily discontinue or alter any tool or service that we provide with no prior notice to you.

Prices of all services, including but not limited to monthly subscription plans, are subject to change at any time with no prior notice to you. Should we change any prices of any nature we will post notice of the same on our website at the time or near the time the change is being announced.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of our tools or services.

We may issue updates to our application, which may change, modify or otherwise alter the application itself, with no prior notice to you. We generally will post a notice explaining any relevant changes on our website at the time we issue the modified version of the application.

Copyright and Content Ownership

We will never claim intellectual property ownership or other rights to the material you provide to our service. Your profile and copyrights to your materials shall remain yours and not ours. Please note that by using our application your content will be viewable and shared by others. We do not pre-screen content, but you give us the right to refuse or remove any content for any reason we deem to be appropriate.

Our website look and feel is protected trade dress and may not be copied or reused. All intellectual property rights are reserved as noted herein. By using our tools and services, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through our service.

You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the tools and services that we provide.

Technical Support

Technical support is only available via email via the contact from located at our homepage http://giftsforunicorns.com/#contact

General Terms

We use third party vendors and hosting partners to provide hardware, software, networking storage and related technology needed to provide our tools and services to you.

You are not allowed to modify, adapt, repurpose or hack our tools and services or publish a third party website that falsely implies that it is associated with us.

We may, but have no obligation to, remove content or accounts containing elements (text, graphics, video, audio and any other content) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

We may cancel any account for any reason we deem to be reasonable.

You understand that the technical processing and transmission of the serve, including your content, may be transferred unencrypted and involve (transmissions over various networks; and/or modifications of the content needed to conform and adapt the content to technical requirements of connecting networks or devices.

By using our tools and service, you expressly consent to us the building of your app on multiple platforms and for multiple phone operating systems, even if those platforms and phone operating systems have not been invented, made public, or implemented

We may, without notice to you, remove your app from publication, change the description or characteristic of your app, alter the app’s feature, edit the content of the app, modify the description, features or characteristics of your app, and publicize your app and your trademarks.

We do not tolerate spam. You must not upload, post, host, or transmit unsolicited email, SMS’s, or “spam” messages. Publish spam and we will terminate your membership.

You must not transmit any worms, viruses, Trojans or other harmful or illegal code.

You acknowledge and agree that we may establish general practices, rules, guidelines and limitations concerning the use of our Platform and all other tools and services that we offer. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your personal or private Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Member Behavior

You must act at all times in a civil, polite, lawful and respectful manner. All statements you make to us, including all information that you provide us, during enrollment must be complete, accurate and kept up to date. We will terminate your profile and membership at anytime if you violate our terms of service rules, our end user license agreement, or the spirit of our website and business. Do no harm. If you threaten us or otherwise are rude to any of our employees, we will cancel your membership.

Related Restrictions

These TOS are void where prohibited by law and no Users may use our tools and services in such jurisdictions.

User Restrictions and Limitations

User agrees that we have no special relationship with Users and no fiduciary duty exists that we are responsible for. We have no duty to take any action regarding which users gain access to the site or services, what content users access or receive via our services, what content other users make available, whether or not a user receives a game that is “adult” or graphic in nature, or whether a game that has a restricted rating is exposed to a minor, how any content is used or interpreted, or any action any party takes in regard to any content made available via our services. User assumes the sole risk and responsibility for all content provided by users.

You may not resell or sublicense your User Account to any third person.

Privacy

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711); and as may be stated by any similar law in your jurisdiction:
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE.
We are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services.

You may be provided with the ability to select a password and User ID. If so, you must provide us with accurate, complete and updated registration information or your account shall be terminated. You may not select or use a User ID that is the name of another person or use any name that you are not legally allowed to use or one that violates the legal rights of another person or entity. You may have only one User ID. You are responsible for the security of your password and User ID.

Indemnification

You will indemnify us and hold us harmless, including our parent organization, subsidiaries, affiliates, officers and employees harmless, including costs, fees, damages and reasonable attorney’s fees, from any claim or demand made by any third party due to or arising out of your use of our tools or services and or any action you have taken relating to your use of our Web Site and the related tools and services.

You agree that any Apps created are made via your own volition and you agree to hold us harmless and indemnify us from any loss of any nature regarding your use of our service and that, therefore, you agree to hold harmless and indemnify us and all our subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, injuries, fees, costs, demands, or personal injury, including death, that may be due to or relating in any way but not limited to tort, copyright infringement, fraudulence, or intellectual property infringement, rights of privacy, publicity and any other civil, regulatory or criminal cause of action of any jurisdiction through your usage of the tools and services that we provide to you.

Disclaimer of Warranty

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, platform, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site, service, tools and all content contained, distributed, sold or published via the site are provided to you “As Is, Where Is”, without any warranty of any kind, express or implied. We do not promise that any or all of our services and tools will be available 100% of the time.

Limitations of Liability

Our parent entity and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.

We do not warrant that our service will meet your specific requirements, will be uninterrupted, timely, secure or error-free, or that the results obtained from using our tools and service will be accurate or reliable. The quality of ay tool or service that we provide may not necessarily meet with your expectations. Should there be present any errata or error in any aspect of our tools and services, we may not correct them in a timely manner or at all.

Confidential Information

User agrees to refrain from disclosing any Confidential Information that belongs to us, without our prior written permission. Such Confidential Information includes information regarding our software, programming, scripts and technical specification as to each, guidelines, documentation, inventions and developments that the User creates based on our intellectual property, click through rates, statistics relating to our site or services, and other information marked as “Confidential” by us. Confidential information does not include information that has become known to the public through no breach of User or that has been independently developed without access to our confidential information as proven by written history of the development of the same, or otherwise rightfully received by a third party, or released pursuant to law or governmental authority or order of the Court of competent Jurisdiction.

Release of User Data

We may keep and use for our own purposes all information and data that the User provides us, including site demographics and contact information. User agrees that this information is freely transferrable by us and may include personally identifying information. Such information may be released by us to entities in jurisdictions that have less restrictive laws regarding privacy than the United States has.

We disclaim all responsibility and will not be liable to User for any such disclosure of information to any third party or entity. We may share aggregate information that is not personally identifiable with our advertisers, publishers, partners and any other third parties.

Severability and Assignment Restriction

If any provision of these TOS is found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable by User but is fully and without limitation of any nature transferrable and assignable by us .

No Agency

No agency, partnership, employment or joint venture is created by these TOS. Each party is an independent contractor as to the other party. User does not have ability to represent or bind us in any way.

DMCA COMPLAINTS

NOTIFICATION OF CLAIMS OF INFRINGEMENT (USA RESIDENTS ONLY)

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
support at giftsforunicorns.com (dot) com
IntroWizard, L.L.C.
Abuse and DMCA
1601 N 8th St
McAllen, TX 78501 USA

Please provide our Agent with the following Notice:

a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Intellectual Property Provisions

All content provided within or via this site is protected by various USA and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored. USA copyright laws protect all content on this site.

Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.

Equitable Orders

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any conduct that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Content Issues

We are not responsible for any content provided to you by our site members or advertisers. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

Jurisdiction/Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the State of Texas, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Dallas, Texas before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

Foreign Usage

We make no representation that the usage of this site, or the content provided herein will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States.

Erratum

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

Modifications of this Agreement

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

Intellectual Property Notices have been Provided to You

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of various laws and regulations.