Terms of ServiceLast Update April 19, 2013
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
Age Verification; Permitted Use
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:
- copy, translate, modify, or make derivative works of our Website, application or any content or any part thereof;
- redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make any HipChip applications, content or Services available to third parties;
- reverse engineer, decompile or otherwise attempt to extract the source code of our Website, application or any part thereof, unless this is expressly permitted or required by applicable law; or
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in Website or by way of the Services.
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.
- General. When you sign up for our Services, you will be required to create an account, which requires you to provide your full name and a valid email address. We will use this information to contact you as part of the transaction process, to send you periodic emails for which you have signed up, or for purposes that are intended to enhance your user experience. When you use our Services to purchase gifts for others, you will be asked to provide the names and/or email addresses for your friends and contacts who will be purchasing this gift with you. We will also ask you for the name and email address of the gift recipient(s). We will use this personal information to help users organize, invite, donate, track, and acknowledge contributions, as well as to enable transactions to be completed. When signing up for our mailing lists or other services or promotions that require registration, you may also be asked to provide your name at that time so that we can personalize the communications you receive from us.
We will occasionally collect demographic data, such as zip code, gender, and occupation to provide you with a better experience and to improve the quality of our services.
- Financial Information. To process a gifting transaction with our Services, you will be required to provide credit card or other payment account information, which is maintained by our payment processor and designated third party service providers. We do not share this information with any third party except the companies responsible for processing our credit card transactions. Our third party service providers are responsible for the handling of all such information that you submit.
- Log Data. When you visit our Website, whether as a registered user or a non-registered user, our servers automatically record information that your browser sends whenever you visit any website. This log data may include information such as the date and time of your visits, your IP address, the name of your ISP, your browser type, the webpage you were visiting before you came to our Website, the pages of our Website that you visit, the time you spent on those pages, any searches that you conduct on our Website, access times and dates, and other statistics. We may use this information to monitor and analyze use of the Website, to administer Website, to test and enhance our Services. We do not aggregate this information with any personal information that you submit, but we may aggregate, analyze and evaluate such information on an anonymous basis.
In addition to the uses described above, we may use the personally identifiable and non-personally identifiable information that we collect:
- To develop, offer and deliver our products and services, to offer products and services of our corporate affiliates, merchant partners, and other companies, and to comply with legal and regulatory requirements, including any investigations, subpoenas and other legal processes.
- To notify you via email about special offers or other products and services that may be of interest to you. We may also contact you and deliver information to you that may be targeted to your interests, such as targeted banner advertisements, and product offering communications. You will always be able to decline any or all of these communications by following the directions included in our emails or other communications.
- If we enter into a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy, we may sell, transfer, assign or license some or all of our assets to a third party, which assets may include your personal information that we have collected.
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.