TERMS OF USE

Last updated July 1, 2022

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (herein as “User,” “you” or “your”) and My Right Gift (herein as “MRG,” “we,” “us” or “our”), concerning your access to and use of the www.myrightgift.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). MRG provides a crowdfunding platform (“Services”) from the State of California, United States.

You agree now that by accessing the Site and using our Services, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and services, and you must discontinue such use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes, revisions, updates, or modifications (“Updates”) to these Terms of Use at any time and for any reason. We will alert you about any Updates by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of Updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the Updates in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. SERVICE ELIGIBILITY

The Site is intended for Users who are at least 13 (or 16 in Europe) years of age. All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Site. If you are a minor, you must have your parent or legal guardian read and agree to these Terms of Use before you use the Site.

In like manner, you may not access our Site and use our Services if such access or use breaches any local or federal law of the location you are using it from.

 

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity, and you agree to comply with these Terms of Use;
4. You are not under the age of 13 (16 in Europe);
5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
6. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
7. You will not use the Site for any illegal or unauthorized purpose; and
8. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, restrict or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. CREATING A WISH LIST

5.1 Stores

When using Stores such as your Product Source, all the information available on such as a Store will be obtained automatically to the Site in the same way the API of the Store provides it. We are not responsible for the accuracy or verification of this information. Please note, that we update wishes every 24 hours, and some information such as the picture, title, price, etc. may change or become unavailable. By adding items to the Wish List, you agree that the entered User information you provide is true and correct. You are displaying a Product Source (Store) as your source of item or Site you are planning to buy the product from if it applies. Please DO NOT create Wishes that violate these Terms of Use. We may be affiliated with Stores and when you make a purchase with these stores, we may receive a share from them. Please contact us if you have any questions regarding this Section 5.1.

5.2 Other

When using Product Source Other, you are responsible for the accuracy of any Product Source Other posted content such as images, title, price, and link. When using Product Source Other, please make sure not to use copyrighted material. If violations are found or complaints are filed, we reserve the right to take appropriate action such as deleting the Wish, suspension, restriction, or deletion of your User account. Please note that we do not verify or update custom-created Wishes. Please DO NOT create Wishes that violate our Terms of Use. We may be affiliated with Stores and when you make a purchase with these stores, we may receive a share from them. Please contact us if you have any questions regarding this Section 5.2.

 

6. PAYMENT AND BILLINGS

6.1 Payment Processor

We employ the services of Stripe and PayPal to carry out Users’ donations and the receiving of funds. Before Users can receive funds, they need to create a Stripe or PayPal account and connect it to MRG through the Site. Users need to comply with Stripe’s or/and PayPal’s Terms and Policies. Once Users create a Stripe or/and PayPal account, they will have an option to connect their account to MRG. Once connected, they will be able to receive funds. Users can also use existing Stripe and PayPal accounts to connect to MRG. Account IDs are stored as encrypted data. With Stripe Users have a choice to create and save Stripe customer IDs. Saving Stripe ID allows the User to perform donations without entering card information for every donation. Stripe Customer ID is created based on the card information. MRG does not store any card information or data; we only store the Stripe Customer ID if the user chooses to do so. We also provide an option to create a PIN which will be required every time a saved Stripe Customer ID is used. We store Stripe Customer ID as encrypted data. We do not process any kind of financial data; Stripe performs these actions. https://stripe.com/global. When making donations with a PayPal account connected to MRG Users will need to Log In to a PayPal account. When performing donations without a Stripe or PayPal account, card information will need to be entered and will be used for a one-time-only transaction. With PayPal users can also create an account, however, users will need to log in to PayPal every time performing a donation. MRG does not store PayPal login information or ever will ask for PayPal login information. PayPal performs this action - https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full

6.2 Donating

We employ the services of Stripe and PayPal to carry out Users’ donations. By donating towards the item, you agree that it does not constitute a refund or guarantee that the User will buy the item. You are the donor which means that you are in charge of the money being donated and you are the holder of the account. All financial disputes will be handled by MRG, Stripe or PayPal, or both (platform and payment processor) if such arises. Your personal information may be visible to other Users throughout our Site, Stripe, and PayPal history. Please review the MRG, Stripe’s, and PayPal’s policies and Terms of Use before using our Services. We highly recommend you donate only to people you know and trust. Please be aware that you are responsible for all donations. If you chose to save your Stripe Customer ID and use it for future donations, you would need to create a PIN. You agree to keep your PIN secure at all times by not sharing or providing it to anyone. MRG will never ask for your PIN; therefore, disregard any form of request asking you to disclose your PIN. This PIN is created by MRG and only available to you, and it is not recoverable in the event that it gets lost. If the PIN is lost, you will need to remove or update your current Stripe Customer ID by resubmitting your card details. Any Saved Stripe Customer ID will be automatically locked if the PIN is entered incorrectly more than 5 times. MRG does not store or will never ask for your PayPal login information therefore, disregard any form of request asking you to disclose such information.

6.3 Receiving Payments

Before creating any wishes and being able to receive the funds, you will need to have a Stripe or PayPal account and connect it to MRG through our Site. We only require a Stripe or PayPal Account for transactions. We will never ask for any additional personal information (more than required to create your profile), financial information, passwords, etc. If you ever receive such a request, please disregard it and contact us immediately via support@myrightgift.com.

6.4 Fees (Charges)

There are two types of fees: MRG Service Fees and Transactional Fees (Stripe or PayPal Fees). When Users see Service Fee on the donation page, fees are displayed as a combined, platform and payment processor. Fees may vary depending on the region or location. For Users to receive an amount specified, MRG calculates and adds Stripe or PayPal Fees upfront. This means that when the donation amount is entered, MRG will calculate and try to simulate the Stripe or PayPal Fees, depending on the payment processor selected. The fees will include MRG and approximate Stripe or Pay Pal Fees based on the currency of the Wish (funding goal). However, Stripe also has minimum charges; meaning that there is a minimum amount it can process. Both Stripe and PayPal have additional international transaction fees.

When we calculate the Fee, we calculate based on the amount entered, however, when payments are processed by Stripe or PayPal, Stripe or PayPal calculates Fees for the total amount processed and not the amount being donated plus any currency and currency conversion fees that may apply. In this case, the amount donated and the amount actually received can slightly vary in some cases. Some currencies, if the amount is small, can display as zero on Stripe or PayPal due to the conversion rate; however, a balance will still exist in those currencies.

Our current fees include:

Stripe & MRG:

• For US: Percentage Rate is 4.5 %, Fixed Rate is .50 c while the minimum charge is .55 c.
• For International: Percentage Rate is 4.5%, Fixed Rate is .50 c US to International while the minimum charge is .55 c US to International.

PayPal & MRG:

• For US: Percentage Rate is 4.5 %, Fixed Rate is .49 c.
• For International: Percentage Rate is 6%, Fixed Rate varies with currency

All fees may vary and are subject to change or increase without prior notice to you. Total Amount on the donation page always displays the approximate total to be processed with Stripe or PayPal.

To know more about the Stripe Fees, access the Stripe page

https://stripe.com/us/pricing
https://stripe.com/docs/currencies

To know more about the PayPal Fees, access the PayPal page, Commercial Transaction Rates:

https://www.paypal.com/us/webapps/mpp/merchant-fees#fixed-fees-commercialtrans

 

7. PROHIBITED ACTIVITIES

You may not access our Site or use the Services for any purpose other than that for which we make them available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MRG.

As a User (likewise as a visitor) of the Site, you agree NOT to:

1. Systematically retrieve data or other MRG Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. Make any unauthorized use of the Site, including collecting usernames and email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under pretenses;
3. Use a donating/wish creating a bot or any kind of automated software to make donations/create Wishes on the Site;
4. Use the Site to advertise or offer to sell goods and services;
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any MRG Content or enforce limitations on the use of the Site and the MRG Content contained therein;
6. Engage in unauthorized framing of or linking to the Site;
7. Trick, defraud, or mislead MRG and other Users, especially in an attempt to learn about sensitive account information such as User passwords;
8. Make improper use of our support Services or submit false reports of abuse or misconduct;
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
11. Attempt to impersonate another user or person or use the username of another user;
12. Sell or otherwise transfer your User account to another individual;
13. Use any information obtained from the Site in order to harass, abuse, or harm another User or any third party;
14. Use the Site as part of an effort to compete with us or otherwise use the Site and the MRG Content for any revenue-generating endeavor or commercial enterprise;
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
18. Delete the copyright or other proprietary rights notice from any MRG Content;
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
22. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software except as may be the result of a standard search engine or Internet browser usage;
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or any portion of the Site;
24. Use the Site in a manner inconsistent with any applicable laws or regulations; and
25. Create Wishes from the following categories: firearms, adult content, drugs, alcohol, tobacco, and anything related to similar categories. Similar categories, in this case, refer to any age-controlled content 18+ and 21+ or anything else that can be against the rules, regulations, or applicable laws. Wishes that call for any harassment, harm, political movement, abuse, violence, advertising, violate any applicable law, regulation, or rule, and anything related to similar categories. Similar categories, in this case, refer to causing harm or intention to cause harm to an individual, organization, or government.

 

8. USER GENERATED CONTRIBUTIONS

The Site may invite you to create wishes, donate, comment, chat, contribute to, or participate in blogs, message boards, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other Users of the Site and through third-party sites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant to MRG that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other Users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use;
3. You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of each and every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use;
4. Your Contributions are not false, inaccurate, or misleading;
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, Ponzi schemes, chain letters, spam, mass mailings, or other forms of solicitation;
6. Your Contributions are not obscene, lewd, lascivious, nude, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone or group;
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
9. Your Contributions do not violate any applicable law, regulation, or rule;
10. Your Contributions do not violate the privacy or publicity rights of any third party;
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
14. Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the preceding violates these Terms of Use and may result in, among other things, termination, restriction, or suspension of your rights to use the Site.

 

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

10. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively “MRG Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. MRG Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no MRG Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the MRG Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, MRG Content, and the Marks.

 

11. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then the Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list stored on your mobile device or tablet computer solely for allowing you to use the Invite option on the Site, identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us via support@myrightgift.com or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

12. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

13. THIRD-PARTY SITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you will be doing so at your own risk, and you should be aware these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Sites will be through other sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Sites and you shall not hold us responsible for any harm that may be caused by your purchase of such products or services. Additionally, you shall not hold us responsible for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Sites.

 

14. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or Submissions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.myrightgift.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 (or 16 in Europe) has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

16. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

16.1 Notifications

We respect the intellectual property rights and copyrights of others and request that all our Users do the same too. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

16.2 Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
3. A statement that you will accept service of process from the party that filed the Notification or the party's agent;
4. Your name, address, and telephone number;
5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
6. Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

16.3 Designated Copyright Agent

Mailing Address: Attention Copyright

Copyright Agent:
3727 W. Magnolia Blvd
#1017
Burbank, CA 91505
support@myrightgift.com

 

17. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

18. MODIFICATIONS AND INTERRUPTIONS

18.1 To Site and Services

We reserve the right to change, modify, or remove the contents of the Site or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site or our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Services.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

18.2 To Terms of Use and Policies

MRG may modify these Terms of Use and other policies on the Site (collectively “Agreements”) from time to time. Any and all changes to our Agreements will be posted on the Site and revisions will be posted by date. You agree to be bound to any changes to our Agreements when you use our Services after any such modification becomes effective. MRG may also, in its discretion, choose to alert all Users in whom it maintains email information of such modification by means of an email to their most recently provided email address. It is therefore important that you regularly review our Agreements and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Site for Updates to our Agreements and you will read the messages we send you to inform you of any changes. Modifications or Updates to our Agreement shall take effect after posting it.

 

19. NOTICES

 

Except as explicitly stated otherwise, any notices you wish to give to MRG shall be given by email to the address listed in the contact information below. Any notices given to you by MRG shall be given to the email address you provided during the registration process or such other address as each party may specify. The notice shall be deemed to be given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid.

 

20. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

 

21. DISPUTE RESOLUTION

21.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 20.4 below) informally for at least forty five (45) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

21.2 Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded in Section 20.4 below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in US County, CA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in US County, CA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum nonconvenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21.3 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

21.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

22. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, fee, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

23. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

24. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL MRG, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the following:

1. Your Contributions and Submissions;
2. Use of the Site;
3. Breach of these Terms of Use;
4. Any breach of your representations and warranties set forth in these Terms of Use;
5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the above statement, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

26. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

28. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

29. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

30. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Mailing Address:
My Right Gift
18723 Via Princessa #1085
Santa Clarita, CA 91387
support@myrightgift.com