Definitions

The definitions below and any definitions used elsewhere in this agreement are binding upon the parties. 1. The Service. The “Service” consists of a browser interface, data transmission, data access (as available) and, if applicable, data storage. The “Service” includes a web-site under the name giftsmagnet.com. 2. You and Yours. “You” and “yours” means each user or customer accessing the Service. 3. Unlawful Activities. “Unlawful activities” includes, but is not limited to, making direct or indirect threats of physical harm, engaging in any conspiracy of any type, violation of any national, state or local law or ordinance, violation of any international treaty, storing, distributing or transmitting any unlawful material, or attempting to compromise the security of any networked account or site. 4. Internet Service Provider. “Internet Service Provider” or “ISP” is any entity which allows access to the internet or worldwide web. 5. GiftsMagnet Software submits messages from internet browsers to certain messaging servers that are designed to send messages to short messaging service compatible devices such as certain cell phones and is proprietary. 6. The Agreement. The “Agreement” or the “Service Agreement” refers to the within electronic document which sets forth the rights of the parties in their entirety. 7. Our or We. “Our” or “we” or “targift” refers to GIFTSMAGNET

1. Your Responsibilities.

You are responsible for obtaining and maintaining all computer software, hardware and communications and other equipment required to use the Service. You are responsible for paying all third-party access charges such as ISP or telecommunications incurred. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the GIFTSMAGNET Software (“GIFTSMAGNET Software”). You will not modify, translate, or create derivative works based on the GiftsMagnet Software and Service. You will not rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the GiftsMagnet Software and Service. You will not use the GiftsMagnet Software and Service for the benefit of a third party. You understand and agree that the GiftsMagnet Software is proprietary. You agree not to publish or disclose to third parties any evaluation of GiftsMagnet Software without GIFTSMAGNET’s prior written consent. You acknowledge that GiftsMagnet retains exclusive ownership throughout the world of all Software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, you will cease to use and have access to the Software. In addition, i. You will not use the Software and the Service for chain letters, junk mail, advertising, spamming in any form, market research, surveys of any type, or distribution lists to contact any person or entity or allow any third party to use the Service. ii. You agree not to transmit or permit anyone to transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind. iii. You will only use the Software and the Service for lawful purposes, and in compliance with all applicable laws including, without limitation, copyright, trademark, patent, intellectual property, obscenity and defamation laws, whether statutory or common-law in nature. iv. You will not use the Software and the Service for any unlawful activities. v. You agree to defend, indemnify and hold GIFTSMAGNET harmless against any claim or action that arises from your use of the Software and the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies of this agreement. vi. You will not use the Software and the Service to compete against GiftsMagnet.com. You have additional responsibilities set forth elsewhere in this agreement.

2. Our Responsibilities.

A. What You Receive Under This Agreement.

GIFTSMAGNET grants to you an individual, personal, non-sub licensable, non-exclusive and non-transferable license or right to use our service pursuant to the terms and conditions set forth in this agreement and as they may be modified on our web site. GIFTSMAGNET does not guarantee the continuous availability of the service or of any specific feature. GIFTSMAGNET will inform you via its web site only of any significant changes to the Service or this Agreement.

B. Our Privacy Policy and Confidentiality.

It is our policy to respect the privacy of our users. We will not share, rent, sell, or trade personal information (including e-mail addresses) identifying our customers or users to third parties. We will not share, rent, sell, or trade data contained in your account. We, however, may use this information to contact you to insure that you are satisfied with our products and services, to learn about any ideas you may have to improve our offerings, to call your attention to additional or new offerings or services, and communicate other information. We may send e-mail to your registered e-mail address concerning our news. We may ask you to provide demographic or personal preference data. If you provide such data, we may use it to analyze the characteristics of our customers and visitors. We may also use the data to customize the specific information provided to you, or tailor it to better meet your needs. Your data is confidential. Our privacy policy is subject only to our obligation to comply with applicable laws and lawful government requests, to operate our business properly, and to protect our users or ourselves. We reserve the right to contact you about your account status or changes or alterations to the service, or additional offerings or services. You may request that you not receive informational e-mail messages not related to your account activity or current use by e-mailing to GIFTSMAGNET GiftsMagnet.com uses Google tools (Analytics, Adsense ect.) provided by Google, Inc. (“Google”). These tools may require to uses “cookies”, which are text files placed on your computer, to help the website identyfy users. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by servers. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you in the manner and for the purposes set out above. GIFTSMAGNET reserves the right to change its privacy policy. Notice may be sent by e-mail to your registered address. GIFTSMAGNET delivers messages through a variety of private and public systems. We do not guarantee privacy. GIFTSMAGNET will cooperate with any legitimate law enforcement agency if our messaging services are suspected of use for any unlawful or improper purpose.

C. Warranty and Disclaimer.

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GIFTSMAGNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF YOU ARE ACCEPTING THIS AGREEMENT UNDER THE LAWS OF ONE OF THESE COUNTRY, YOU MAY NOT USE OUR SERVICE. GIFTSMAGNET DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3. Limitation of Liability.

GIFTSMAGNET ‘s LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU IN THE TWO (2) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY. GIFTSMAGNET SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THE COST OF ANY SUBSTITUTE PROCUREMENT), FORESEEABLE OR NOT AND EVEN IF GIFTSMAGNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.

4. Support.

GIFTSMAGNET or its designee, shall provide e-mail support to paid service customers. It has no obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or other support unless there is a separate written contract to that effect.

5. Provision of Contact and Billing Information and Payment of Fees.

We do not currently charge any fees to use the Service. We reserve the right to change this policy at our sole discretion. You are responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to use the Service. GIFTSMAGNET uses the billing services of a third-party. Your failure to pay a bill may be considered a breach of this agreement, and GIFTSMAGNET may terminate service as a result of your breach.

6. Passwords and Security.

You will choose all applicable passwords to use in connection with the Service. You are responsible for maintaining the confidentiality of your passwords and account. You are entirely responsible for any and all activities that occur under your account. You shall insure that you exit from your account at the end of each session. You shall notify GIFTSMAGNET immediately of any unauthorized use of your account. You may not allow any third party, related or unrelated, to use your account. GIFTSMAGNET cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

7. Termination.

This Service Agreement is a monthly agreement, automatically renewable unless either party requests change or termination. Either party may terminate this Service Agreement by notifying the other party in writing at least thirty (30) days before the termination date. GIFTSMAGNET in its sole discretion, may terminate your use of the Service if you fail to comply with this Agreement. You will pay in full for the Service up to and including the last day of the current billing cycle. To cancel the Service or change the type of service, you must contact us in writing. All such requests received prior to ten (10) days of the end of the customer billing cycle will incur no additional charges. Requests for cancelled or changed service received within ten (10) days of the end of the customer billing cycle may incur one additional month of charges. GIFTSMAGNET will remove the data of an account after termination. GIFTSMAGNET may, but is not obligated to, delete archived data. We reserve the right to cease offering the Service to no-charge users at any time. Upon expiration or termination, you will immediately cease all use of the Service, including the GiftsMagnet Software and any documentation. Termination is not an exclusive remedy. All other remedies will be available. Your payment obligation will survive termination. If you are dissatisfied with the Service or with any of our terms and conditions, your sole and exclusive remedy is to discontinue the Service. There will be no refunds of any fees paid.

8. Third Party Links.

GiftsMagnet.com may provide links to other internet sites or resources. We have no control over such sites and resources. You therefore agree that GIFTSMAGNET is not responsible for the availability and content of other internet sites or resources. You agree further that GIFTSMAGNET does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that GIFTSMAGNET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Non-Waiver of Additional Rights.

This Agreement is between GIFTSMAGNET and you. It is not for the benefit of any third party, whether directly or indirectly (including any user accessing the Service by means of an account established by you). The failure of either party to exercise any right provided will not be deemed a waiver of any further rights.

10. Effect of Invalidity of a Provision of This Agreement.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11. Non-Assignability of This Agreement.

This Agreement is not assignable, transferable or sub-licensable by you except with GIFTSMAGNET ‘s prior written consent.

12. Law of Polish Court to Control.

THIS AGREEMENT IS GOVERNED BY POLISH LEGISLATION AND JURISDICTION ACTS WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND GIFTSMAGNET AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE POLISH COURT.

13. One Year to Bring a Claim.

You agree that any cause of action or claim arising out of or related to this Service and this Agreement must be filed with a court or other governmental agency having jurisdiction within one (1) year after the cause of action or claim arose. Otherwise, the cause of action or claim is barred.

14. Sole Agreement of the Parties.

This Agreement is the complete and exclusive statement of the mutual understandings of the parties. It supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in writing signed by both parties, except as otherwise provided herein. There are no oral agreements or side agreements of any type.

15. No Agency Created By This Agreement.

No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority to bind GIFTSMAGNET in any respect.

16. No Attorney’s Fees or Costs Available.

In any action, complaint, administrative proceeding, informal complaint to any court or agency or local, to enforce rights under this Agreement, neither the prevailing nor the losing party will be entitled to recover costs and/or attorneys’ fees.

17. Notices.

All notices must be in writing. A notice is deemed to have been given: i. When received, if personally delivered; ii. When receipt is electronically confirmed, if transmitted by facsimile or e-mail; iii. The day after it is sent, if sent by next-day delivery by recognized overnight delivery service; and iv. Upon receipt, if sent by certified or registered mail, return receipt requested.

18. Agreement in English.

This Agreement and all related documents have been prepared in English with the consent of the parties.

19. Electronic Nature of This Agreement.

The parties acknowledge that they have met over the internet, that they have not met in person and have not had any direct telephonic contact, that this agreement has been provided by GIFTSMAGNET to the customer over the internet and through the GiftsMagnet web site, that this agreement has been executed electronically, that there is no hard or paper copy of this agreement, that the parties consent to the manner and circumstances of the making of this agreement, and that said agreement is to have the full force and effect of any agreement prepared in writing.

20. Fair Use Policy

It is important to GIFTSMAGNET that all eligible GiftsMagnet customers are able to access our Services. Accordingly, We have devised a Fair Use Policy which applies to: (a) usage of GiftsMagnet calls (b) usage of GiftsMagnet Mobile App (Targift) (c) usage of promotions; and (d) any other promotions which are advertised by GIFTSMAGNET as subject to the Fair Use Policy (“Fair Use Promotions”). We reserve the right to vary the terms of the Fair Use Policy from time to time.

Excessive Use

Unreasonable Use

It is unreasonable use of GiftsMagnet Software and/or its mobile apps where Your use of GiftsMagnet Software is reasonably considered by GIFTSMAGNET to be fraudulent or to adversely affect the GiftsMagnet or other GiftsMagnet customers’ use of or access to a GiftsMagnet or the GiftsMagnet Network. Among other things, “fraudulent use” includes resupplying a GiftsMagnet Software without GIFTSMAGNET consent so that someone else may access or use GiftsMagnet Software or take advantage of a Fair Use Policy.