Following the Buy Gift Card Link will take you out of the OperationMainStreet.com site. The dealings between you, and any Users or the Retailer are solely between you and the applicable User or Retailer, as the case may be. We are not responsible for changes in any Retailer’s Gift Card terms and conditions; including any price change that may occur after you purchase or contribute to a Gift Card. You understand that we do not issue Gift Cards through eGifter or OperationMainStreet.com. The Issuer has the liability for the Redemption of the Gift Card. We have no obligation to resolve any dispute between you and any other User or Retailer. Users may resolve a dispute directly with each other or with Retailer. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless eGifter and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors from and against all third-party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys' fees and costs, whether incurred as the result of a third-party claim or a claim to enforce this Term), and other damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise (collectively, "Losses") related to such dispute.
We reserve the right to not publish, or to remove any provided content at our sole discretion. We also reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled for several reasons, including but not limited to:
- Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable Content
- Any sexually explicit Content
- Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation
- Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"
- Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
- Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware
- Posting Content originally posted by another User without permission or attribution
- If we, in our judgment and sole discretion, deem it appropriate.
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by contacting us via the support link provided on OperationMainStreet.com. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.
Links to Third Party Sites
Third Party Terms
Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, "IP") displayed on the Site or Service are either our property or the property of our licensors, co-branders, or other third parties and may not be used by you without the prior written consent of the owner of such IP. All rights to third-party IP are reserved to such third parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold harmless eGifter and its affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against all Losses related to any unauthorized use of any third-party IP, eGifter or OperationMainStreet.com IP, the eGifter or OperationMainStreet.com logos, and the other names, logos, icons and marks identifying eGifter or OperationMainStreet.com and its products and services. eGifter or OperationMainStreet.com and its products and services are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Site or Service, you expressly agree that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you or any third party in any way under any circumstance for any such information or other Content you provide to OperationMainStreet.com. You may not post, distribute, reproduce, or sell in any way, any eGifter or OperationMainStreet.com IP without legal authorization. Notwithstanding the foregoing, you may use the OpertaionMainStret.com logo and link to help promote the OperationMainStreet.com mission posted on the homepage of the OperationMainStreet.com website. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any eGifter or OperationMainStreet.com IP and/or the Service. You may not copy, sell, resell, or otherwise exploit any aspect of Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material used on or with the Service (except for IP belonging to third parties), including all software and other computer code. None of the material used on or with the Service may be reverse-engineered, disassembled, decompiled, transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and absolute discretion. You may use one copy of the material from the Service for your personal, non-commercial viewing and use only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from Service. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video used on or with the Service shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for your personal non-commercial use.
Disclaimer of Warranties
USE OF THE eGifter or OperationMainStreet.com SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. eGifter AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING RETAILER, WHO MIGHT NOT FULFILL A GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A GIFT CARD. NEITHER eGifter NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER eGifter NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL eGifter BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF eGifter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, eGifter SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE SERVICE.
You shall indemnify and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified Party arising out of or related to: (i) your use of the Service; (ii) any breach or non-compliance with respect to any Term or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third party.
By using the eGifter or OperationMainStreet.com Services, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause eGifter significant and irreparable injury and damage. Accordingly, you acknowledge that eGifter shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event.
The Terms and this User Agreement are governed in all respects by the laws of New York, notwithstanding any provision of law or choice of law rule which may require otherwise. If you and we have any dispute which cannot be amicably settled, it shall be settled by submission to the state and federal courts in New York, Suffolk County, and you hereby consent to the exclusive personal jurisdiction of such courts ("Jurisdiction").
If any provision of any Term is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect.
The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Users of the Service agree that they may not involve eGifter or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Retailer, or other third party arising out of or in any way related to the Service ("Dispute"); if you attempt to do so, you shall: (i) pay all costs and reasonable attorneys' fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.
Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address you provide during registration on the Site.
The Terms of this User Agreement constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
If you have any questions or problems with any order placed by you in connection with the Service, please contact us via the support link on the Service. For prompt service, please include your order number and the specific problem.