HipChip, Inc. © 2017
The merchants represented are not sponsors of HipChip or otherwise affiliated with HipChip. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional terms and conditions.
The HipChip Visa Gift Card is issued by MetaBank®, Member FDIC, pursuant to a license from Visa U.S.A. Inc. The HipChip Visa Gift Card may be used everywhere Visa debit cards are accepted. See Cardholder Agreement for details.
*Amazon.com Gift Cards ("GCs") sold by HipChip Inc., an authorized and independent reseller of Amazon.com Gift Cards. Except as required by law, GCs cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.
This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Visa Gift has been issued to you by The Bancorp Bank, Wilmington, Delaware (the “The Bancorp Bank” or “Issuer”). The Issuer is an FDIC insured member institution. “Card” means the Visa Gift Card issued to you by The Bancorp Bank. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. “Card Account” means the records we maintain to account for the value of claims associated with the Card. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.Activate Your Card
You must activate your Card before it can be used. You may activate your Card by calling 1-855-253-7077. You may need to provide personal information in order to verify your identity.Personal Identification Number
You will receive a Personal Identification Number (“PIN”) upon activation of your Card Account when calling 1-855-253-7077. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”Authorized Card Users
You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.Secondary Cardholder
You may not request an additional Card for another person.Your Representations and Warranties
By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.Cash Access
You may not use your Card to obtain cash from an Automated Teller Machine (“ATM”), Point-of-Sale (“POS”) device, or by any other means. You may not use your Card at an ATM.Loading Your Card
Additional funds may not be added to your Card, called “value loading”. The minimum amount of the initial value load is $20.00. The maximum amount of the initial value load is $500.00. Your Card is non-reloadable. You will have access to your funds immediately after activation.Using Your Card/Features
The maximum amount that can be spent on your Card per day is $500.00. The maximum value of your Card is restricted to $500.00.
You may use your Card to purchase or lease goods or services in the United States and District of Columbia everywhere Visa® debit cards and NYCE® cards are accepted as long as you do not exceed the value available on your Card Account. The Card may not be used outside of the United States and District of Columbia, including Internet and mail or telephone order merchants outside of the U.S. and District of Columbia. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $74.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.
Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.
You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.Non-Visa Debit Transactions
New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a NYCE transaction.
Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the NYCE network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the NYCE network. Please refer to the paragraph labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.
To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The Issuer or GiftCards.com is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.Card Replacement
If you need to replace your Card for any reason, please contact us at [1-877-944-3822] to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. There is a fee for replacing your Card.Expiration
Your Card will expire no sooner than five (5) years from the date of purchase. You will not be able to use your Card after the expiration date; however, you may request a replacement Card by following the procedures in the paragraph labeled “Card Replacement”.Transactions Made In Foreign Currencies have
Your Card may only be used within the fifty (50) U.S. states including the District of Columbia.Receipts
You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.Card Account Balance/Periodic Statements
1. You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may access your available balance by accessing your Card Account online or by calling 1-877-944-3822. Statements in electronic format will be sent to you, via email, free of charge. Please contact us at 1-877-944-3822 during each month in which a transaction occurs. You will not automatically receive paper statements. You may choose to have a paper statement mailed to you by contacting us each time at 1-877-944-3822 or writing to us at 495 Mansfield Ave., Pittsburgh, PA 15205.Fee Schedule
All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Anytime your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount resulting in a zero balance on your Card Account.
|Service Fee||$4.95 Monthly Service Fee to be deducted after one year of inactivity. Fee to begin on the thirteenth month from the last day of card activity.|
|Cancel Card / Close Card Fee||$7.00 per card|
We may disclose information to third parties about your Card or the transactions you make:
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-877-944-3822. Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.
Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”. If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time. If your Card has been lost or stolen, we will close your Card Account to keep losses down.Other Miscellaneous Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
In the event that your Card Account is cancelled, closed, or terminated for any reason and you have registered your Card with your personal information, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. Please refer to the fee schedule above. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.Information About Your Right to Dispute Errors
In case of errors or questions about your Card Account, telephone us at 1-877-944-3822, write us at 495 Mansfield Ave., Pittsburgh, PA 15205, as soon as you can, if you think an error has occurred involving your Card Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at [Insert phone number] or writing us at 495 Mansfield Ave., Pittsburgh, PA 15205.
You will need to tell us:
If you provide this information orally, we may require that you send your complaint or question in writing within sixty (60) calendar days of the date of the transaction in error.
Once your written dispute has been received, we will determine whether an error occurred within sixty (60) calendar days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will notify you verbally or in writing. If we ask you to put your complaint or question in writing and you do not provide it within sixty (60) calendar days of the date of the transaction in error, we may not credit your Card.
For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. If we determine an error has occurred we will credit the transaction in error upon completing the investigation.
We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.Customer Service
For customer service or additional information regarding your Card, please contact us at:GiftCards.com
Customer Service agents are available to answer your calls:
24 hours a day, 7 days a week
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.No Warranty Regarding Goods or Services as Applicable
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.Arbitration
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT 1-877-944-3822 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.
This Cardholder Agreement is effective 8/2014.
Your edit the invitation however you like, we send it to everyone in your group.
We automatically send a reminder to everyone 3 days after your gift launches.
We send an additional reminder to everyone in your group that has not yet chipped in if your collection period is longer than 10 days.
We send one final reminder to all the latecomers the day before your gift pool is set to close out.
Welcome to HipChip.com! These Terms of Service (Terms) contain important information regarding your rights, obligations and restrictions in connection with your use of our website at www.hipchip.com (Website) and/or use our applications and services (collectively, Services). As used in these Terms, the terms "HipChip", "we", "us", "our" and the like refer to HipChip, Inc., a Delaware corporation, and the terms "you", "your" and the like refer to you, the end-user of our Website and Services. These Terms apply to all HipChip applications and services used by you whether your use is on a computer, mobile device, tablet or other platform.
THESE TERMS ARE A BINDING AGREEMENT BETWEEN YOU AND HIPCHIP. BY ACCESSING, VISITING OR USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU REGISTER AN ACCOUNT WITH HIPCHIP. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR WEBSITE OR SERVICES.OUR SERVICES
We may from time to time add, change or discontinue any products or services that comprise our Services. We reserve the right to do so at any time, in our sole discretion. Some changes in Services will also be accompanied to changes to these Terms. In addition, some services we may offer may be subject to additional terms and conditions that we may publish from time to time. Your use of any such services is subject to those additional terms and conditions, which are incorporated by reference into these Terms.Gift Transactions
To use the Services to initiate a gift transaction (Gift), as the organizer of Gift (Organizer), you will be required to take certain steps. These steps will include, without limitation, the following: (i) register an account with HipChip (see Registration below), (ii) select the Gift item you would like to purchase from the list of available items, (iii) provide the names and email addresses of your friends and others that you would like to participate as contributors (each, a Contributor) and the recommended amount of each contribution, and (iv) provide the name and email address for the Gift recipient(s) (each, a Recipient), and (v) check out and make payment via our on the Website for your portion of the Gift amount.
Once a Gift has been created, we will contact all of the Contributors for that Gift to inform them that they have been invited to participate in the Gift as set up by the Organizer. Each Contributor will then be given the opportunity to pay for their suggested contribution amount. Participating as a Contributor is completely voluntary. We are not responsible for any failure to participate for the full recommended amount or at all. We will make reasonable attempts to contact each Contributor but if a Contributor fails to act or otherwise respond, the Contributor will be excluded from contributing to the Gift. Please note that if the total actual contribution for a Gift is less than the minimum amount required for the Gift, then the Gift will not be issued and the Organizer will be notified and can choose to change or cancel the gift. If the gift is canceled, the contributions will be refunded. Each Contributor who participates in a Gift agrees that we may use their email address or other contact information provided by the Organizer to contact them for promotional or Service-related purposes.
When all of the requirements for making the contributions have been met, we will complete the transaction and deliver the Gift. Once a payment has been processed, that transaction is final. There is no right to any returns, refunds and cancellations of any transactions.
The purchase and receipt of a Gift provides only a right to redeem the Gift with the Merchant, in accordance with the terms for such Gift set by such Merchant. All Gifts must be redeemed with that particular Merchant. The Merchants are the issuers of the Gifts and the sellers of the products or services for which Gifts can be redeemed. We are not responsible for any problems any person may experience in redeeming any Gift with a Merchant, or with respect to any products or services that MAY be purchased from a Merchant using the Gift or otherwise. We are not responsible for any Merchant's failure to honor any Gift, including any failure that results from any bankruptcy or insolvency of any Merchant. Each Organizer, Contributor and Recipient hereby agrees to indemnify and hold harmless the HipChip Indemnitees (as defined below) from any claim or damage that any such person may have arising from any Gift or any products or services that such person may purchase, or attempt to purchase, using such Gift.Compliance with Laws
Gift Organizers, Contributors and Recipients may be subject to laws, regulations, ethical policies, codes of conduct and other similar legal and contractual obligations and rules that may restrict and limit the type and value of gifts or other benefits or perquisites that such persons may receive. We are not responsible, and will not be held liable, for any violation that may occur as a result of a Gift using the Services. It is the responsibility of the Organizers, Contributors and Recipients to verify such information and laws, rules and regulations for each Gift and to comply with such laws, rules and regulations.Mistakes
While we hope this does not happen often or ever, it is also possible that a mistake, inaccuracy or omission (each, a mistake) on our Website or Services occurs from time to time, where the Gift product is not completely or correctly described or is incorrectly processed. We will use our reasonable efforts to correct a mistake as soon as practicable after we discover it or it is brought to our attention. We also reserve the right at any time to correct any mistake, and change the prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after Gift has already been processed, except as otherwise prohibited by applicable law). We apologize in advance for any inconvenience that this may cause you. You expressly acknowledge this limitation of liability and agree to indemnify and hold harmless the HipChip Indemnitees (as defined below) from any claim or damage that you or any other person may have arising from any such mistake.REGISTRATION OF ACCOUNTS
As a condition of your use of the Website and Services, you represent, warrant and agree that you are at least 18 years old, you have the authority to create a binding legal obligation, and that your use of the Website and Services will at all times comply with these Terms. You may only create one account per person. Your use of the Website and Services is for personal purposes only. You may not use the Website in the conduct of your business, for the promotion, distribution or sale of any products or services, or in violation of any applicable laws, regulations, rules or ordinances, including those relating to gift restrictions, charitable donations or political contributions.
We reserved the right, at any time, in our sole discretion, to refuse to offer the Services to any person or entity and change our eligibility criteria for use of our Services. We may also revoke or suspend your right to use and/or access the Website and Services, at any time without notification or liability to you or any other person, and for any reason or for no reason at all. This provision is void where prohibited by law.Registration
To initiate a Gift transaction, you must first register an account with HipChip. During the registration process, you will be required to provide certain information, including a user name, a password and a valid email address (Registration Data). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account with us. We reserve the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual.
Our Website may contain links to other websites or resources on the Internet, and other websites or resources may contain links to our Website. When you access third party websites, you do so at your own risk. We are not responsible for and do not endorse any such third-party content or services. These other websites are not under our control. You acknowledge that we are not liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.Intellectual Property Rights
All content available on our Website and Services, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by HipChip, with all rights reserved, or is the property of HipChip or third parties, protected by intellectual property rights. HipChip grants you a non-exclusive, non-transferable, limited and revocable right to access and use the Services in accordance with these Terms. You acknowledge that you do not acquire any ownership rights by your permitted use of the Website, its content or any Services. Unless you have our express written consent (or consent from the owner of any Content, as applicable), without limitation, you may not:
You may not interfere or attempt to interfere with the operation of the Website or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses, or the means expressly prohibited by any provision of these terms and conditions of use. You may not deep-link to this Website for any purpose or access this Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, content, or material on this Website. You may not link or frame to any pages of this Website or any content contained therein, whether in whole or in part. We reserve all statutory and common law rights against any person or entity who violates this paragraph.DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THESE TERMS NOR ANY OTHER DOCUMENT INCORPORATED BY REFERENCE HEREIN NOR ANY DOCUMENTATION FURNISHED UNDER ANY OF THEM ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE WEBSITE OR ANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HIPCHIP WILL MEET YOUR EXPECTATIONS; AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIPCHIP OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY HIPCHIP INDEMNITEE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, EXPECTATION DAMAGES, PUNITIVE DAMAGES, LOST PROFITS, OR OTHER SIMILAR DAMAGES) RESULTING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES OR ANY TRANSACTION CONDUCTED WITH ANY MERCHANT, OR ANY UNAUTHORIZED ACCESS BY A THIRD PARTY OF YOUR PERSONAL INFORMATION, WHETHER SUCH CLAIMS MAY BE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR LOSSES ARISING OUT OF YOUR TRANSACTIONS WITH A MERCHANT, OR OTHERWISE, YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $50.00 IN TOTAL, REGARDLESS OF THE NUMBER OF TRANSACTIONS, OCCURRENCES OR CLAIMS. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY BRING ARISING OUT OF OR RELATING TO THE WEBSITE OR THE SERVICES MUST BE COMMENCED NOT LATER THAN SIX (6) MONTHS FROM THE DATE THAT SUCH CAUSE OF ACTION AROSE, AND THE FAILURE TO COMMENCE AN ACTION WITHIN SUCH PERIOD WILL MEAN THAT THE ACTION SHALL BE PERMANENTLY BARRED. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL CONDITION TO THE AGREEMENT BETWEEN HIPCHIP AND YOU, WITHOUT WHICH HIPCHIP WOULD NOT HAVE AGREED TO ALLOW YOU TO ACCESS OUR WEBSITE OR USE OUR SERVICES.
To the extent that jurisdiction applicable to you does not permit the disclaimer of warranties, exclusion of damages and other limitations in this paragraph, and the foregoing disclaimers, exclusions and limitations may not apply to you to such extent.INDEMNITY
ou agree to indemnify, defend, and hold harmless HipChip, its partners, parents, subsidiaries, agents, affiliates and/or licensors, and their respective officers, directors, shareholders, employees and agents (the HipChip Indemnitees) from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Services; (b) any alleged violation of these Terms or any other document incorporated by reference herein, including any fraud, abuse of the Services or any transactions that we determine not to be made on a bona-fide basis; (c) any alleged violation of any rights of others arising from or related to the Service (including without limitation, any claim breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); (d) any unlawful act, intentional misconduct or negligence by you. HipChip shall have the right to control the defense of any matter subject to indemnification under these Terms.MODIFICATION OF THESE TERMS
We may modify these Terms from time to time in our sole discretion and without prior notice to you. Any modification of these Terms will be posted on the Website. The modified Terms will become effective upon such posting. Your continued use of the Website and Services after posting of the amended Terms indicates your acceptance of and agreement to be bound by the amended Terms. If you do not agree to a modification, you should stop visiting HipChip.com immediately.GOVERNING LAW AND ARBITRATION
These Terms and the relationship between you and HipChip are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
WE WILL MAKE EVERY REASONABLE EFFORT TO RESOLVE ANY DISAGREEMENTS THAT YOU HAVE WITH US. IF THOSE EFFORTS FAIL, AS A CONDITION TO USING THE WEBSITE AND THE SERVICES, YOU AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY YOU MAY HAVE AGAINST THE INDEMNIFIED PARTIES (AS DEFINED ABOVE), AND ANY CAUSE OF ACTION THAT YOU MAY BRING IN CONNECTION WITH SUCH CLAIM, DISPUTE OR CONTROVERSY, ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THESE TERMS, THE WEBSITE OR THE SERVICES, SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND CONDUCTED BEFORE A SINGLE ARBITRATOR PURSUANT TO THE APPLICABLE RULES AND PROCEDURES ESTABLISHED BY AAA ("RULES AND PROCEDURES"). YOU AGREE FURTHER THAT: (A) THE ARBITRATION SHALL BE HELD AT A LOCATION DETERMINED BY AAA PURSUANT TO THE RULES AND PROCEDURES (PROVIDED THAT SUCH LOCATION IS REASONABLY CONVENIENT FOR YOU), OR AT SUCH OTHER LOCATION AS MAY BE MUTUALLY AGREED UPON BY YOU AND HIPCHIP; (B) THE ARBITRATOR SHALL APPLY MASSACHUSETTS LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW; (C) THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS; ARBITRATION CAN DECIDE ONLY YOUR AND/OR HIPCHIP'S INDIVIDUAL CLAIMS; AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED; (D) IN THE EVENT THAT YOU ARE ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO THE COSTS OF LITIGATION, HIPCHIP WILL AGREE TO PAY AS MUCH OF YOUR FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE; AND (E) WITH THE EXCEPTION OF SUBPART (C) ABOVE, IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL, OR OTHERWISE CONFLICTS WITH THE RULES AND PROCEDURES ESTABLISHED BY AAA, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN. IF, HOWEVER, SUBPART (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER YOU NOR HIPCHIP SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE AND HIPCHIP SHALL NOT BE OBLIGATED FOR ANY COSTS DESCRIBED IN SUBPART (D).GENERAL
We will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). We are not responsible for any use of the Services that is in violation any applicable law, rule or regulation, constitutes fraud or other similar conduct, or is otherwise not a bona-fide good faith use of the Services.
Our failure to exercise or enforce any right or provision of these will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms remain in full force and effect.
All communications between you and HipChip will be done electronically. By providing us with your email address, you agree to receive communications from us in electronic form and that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
Copyright © 2013 HipChip, Inc. All Rights Reserved.
By using or accessing the Website or the Services, you acknowledge and accept the practices described in this Policy. We reserve the right to change this Policy from time to time. Your continued use of the Website or Services constitutes your acceptance of the Policy then in effect. For this reason, you should review the Policy from time to time to ensure that you understand and are willing to accept our current privacy practices. If you have questions or concerns regarding this Policy, please contact us at by email at firstname.lastname@example.org.Collection and Use of Information
This Policy covers user-submitted information, including your name, email address, gifts you send and receive, users you interact with, and other data you generate while using the Website. It also covers data that we access and may store with your permission from third party applications such as Facebook in order to enhance your experience, including your basic profile information, friend data, and other social data. Finally, it covers information that we gather automatically when you use the Website, including your IP address, browser type, cookie information, and browsing patterns.
We collect the following types of information in connection with our Services.
In addition to the uses described above, we may use the personally identifiable and non-personally identifiable information that we collect:
Our Website contains links to other websites operated by third parties. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. You are responsible for reading and understanding the privacy policies or statements of the other websites you visit.Children
In compliance with the Children's Online Privacy Protection Act (COPPA), we will not knowingly provide access to our Website or Services to, or collect any personally identifiable information from, persons under the age of thirteen (13). If you are under the age of 13, you may not register an account with us. If we learn that a user is under the age of thirteen (13), we will take appropriate steps to remove the user's information from the database and restrict the individual from future access our Services.Security
We take precautions - including technical, administrative and physical measures - to safeguard your information. We use technical safeguards such as firewalls and data encryption. Your account information including email address is located on a secured server behind a firewall. We authorize access to personally identifiable information, including email addresses, only for those employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We also enforce physical access controls to our buildings and files.Changing or Deleting Your Information
HipChip may update this Policy at any time. The latest version of this Policy will always be available at http://www.hipchip.com/privacy. Please check this page occasionally to make sure you are aware of any updates.
Copyright © 2013 HipChip, Inc. All Rights Reserved.