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These Terms of Service (the “Terms”) set forth the terms and conditions that govern access to, and use of, the websites and 247Bits mobile applications made available by 247 Bits, Inc. (“247Bits”, “we,” or “us”) that enable a user to purchase, send or manage gift cards and receive the other services from 247Bits as described herein (collectively, the “Services”). These Terms are a legal agreement between you (“you,” or “your”) and 247Bits. By clicking to “Accept” these Terms where this option is made available to you and/or by using our Services, you agree to be bound by these Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with any other party for products, services or otherwise.
247Bits reserves the right to change or modify
these Terms at any time and in our sole discretion. If 247Bits makes
changes to these Terms, we will provide notice of such changes, by providing
notice through the Services, by e-mail and/or by updating these Terms (as
indicated by the “Last Updated” date found at the top of these Terms) on the 247Bits
website found at https://www.247bits.com/terms-of-service. You agree
to receive notifications through these means and your continued use of the
Services will indicate your acceptance of the revised Terms. If you do
not agree to any amended Terms, you must stop using the Services.
2. Additional Terms
If you purchase products (i.e., gift cards or card wallets) from 247Bits, our Terms of Sale will apply. These Terms of Sale are subject to change at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase.
3. Eligibility, Registration and Account
Our Services are intended solely for users who are 18 years of age or older. If you are under the age of 18, then you are not permitted to register for an account with 247Bits. In addition. By using the Services, you represent and warrant that you are 18 years of age or older.
In order to use the Services, you will be required to register for an account with 247Bits. You may only register for one account and you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account and accept all risks of unauthorized access to your account; and (iv) promptly notify 247Bits if you discover or otherwise suspect that your account has been subject to hacking or other unauthorized use.
4. 247Bits Services Description
4.1 Photo upload for a custom maid card wallet. You may upload an image and information for a
4.2 You may redeem or re-gift the gift card solely within the United States pursuant to the terms and conditions of the issuer of the gift card, view gift card details (e.g. check your gift card balance) to the extent the issuer of the gift card makes such details available to the website of the issuer of the gift card.
Buy a gift card. You may buy a gift card for yourself. The Terms of Sale will apply to the purchase of such gift cards and you agree to comply with such Terms of Sale.
Send a gift card. You may buy a gift card to send to a friend. The Terms of Sale will apply to the purchase of such gift card and you agree to comply with such Terms of Sale. 247Bits will use reasonable efforts to notify the recipient of the gift card you send in accordance with the method that you select to send the gift card.
4.3 Use your 247Bits Gift Certificate. When you register for an account with 247Bits and purchase our virtual 247Bits Gift Certificate, the amount that you load onto your virtual card will remain in your account until you purchase a gift card and apply that 247Bits Gift Certificate Balance amount to your purchase. The Terms of Sale describe the use of and the restrictions associated with your 247Bits Gift Certificate, including, but not limited to, the $2,000 cap on your daily 247Bits Gift Certificate.
5. Intellectual Property and Limited License
Unless otherwise indicated by 247Bits, the Services and all content and other materials therein, including, without limitation, the 247Bits logo, the Terms of Sale and all other designs, text, graphics, pictures, information, data, software, sound files, other files made available within the Services and the selection and arrangement thereof, and any documentation or other ancillary material provided to you by or behalf of 247Bits (collectively, “247Bits Content”) are the proprietary property of 247Bits or our licensors or users and are protected by U.S. and international intellectual property laws.
247Bits hereby grants you a limited, nonexclusive, non-sublicensable license to access and use the Services and 247Bits Content solely for the purpose of purchasing, sending or managing gift cards or receiving other services under these Terms; however, such license is subject to these Terms and you are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the 247Bits Content; (b) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or 247Bits Content; (c) modify, alter or otherwise make any derivative uses of the Services or the 247Bits Content, or any portion thereof; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or 247Bits Content; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Services or the 247Bits Content, except as expressly permitted via the Services; and (g) use the Services or the 247Bits Content other than for their intended purposes. Any use of the Services or the 247Bits Content other than as specifically authorized herein, without the prior written permission of 247Bits, is strictly prohibited and will terminate the license granted in this Section 5. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by 247Bits, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“247Bits” and the 247Bits logo and any other 247Bits product or service names, logos or slogans are 247Bits trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 247Bits. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by 247Bits.
7. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, 247Bits has adopted a policy of terminating, in appropriate circumstances and at 247Bits sole discretion, users who are deemed to be repeat infringers. 247Bits may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with us Attn: 247 Bits, Inc. Address: 1670 N. Pinal Ave., Units# 10737, Casa Grande, AZ 85122. Email: copyright@247Bits.com Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8. Third-Party Services; Third-Party Materials
247Bits may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Materials”) on the Services. 247Bits does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. Your use of Third-Party Services and Third-Party Materials is at your own risk. 247Bits is not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Services or Third-Party Materials, including any loss, damage or harm of any sort incurred as a result of your use of Third-Party Services or Third-Party Materials. If you access or use any Third-Party Services or Third-Party Materials, 247Bits terms and policies, including these Terms, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Third-Party Service to which you navigate from the Services. For the avoidance of doubt the terms and policies for Third-Party Services are solely between you and the Third-Party Services provider and not 247Bits.
9. User Content
You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the Services (“User Content”). The User Content you provide must comply with the rules set forth below. These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Although 247Bits does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, 247Bits reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense. 247Bits takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services.
Except for any Feedback you provide with respect to the Services, you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Services. You hereby grant 247Bits and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Services is accurate and not misleading; and (iii) 247Bits use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
10. User Conduct
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not and will not permit anyone using your account to do any of the following in connection with the Services:
If your account is disabled, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account with 247Bits.
247Bits takes no responsibility and assumes no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Services. Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about 247Bits and the Services (collectively, “Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of 247Bits. 247Bits shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND 247BITS CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND 247BITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 247BITS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE 247BITS CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) IMPLIED WARRANTIES OF MERCHANTABILITY; (II) IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT 247BITS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. 247BITS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY 247BITS OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 12 MAY NOT APPLY TO YOU.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Services or 247Bits Content; (ii) your violation of these Terms or the rights of any third-party; or (iii) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 247BITS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE CARD WALLETS, GIFT CARDS, GIFT PROMOTIONS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF GIFT CARDS OR GIFT PROMOTIONS), USER CONTENT, 247BITS CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF 247BITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL 247BITS TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50.00) (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY CARD WALLETS, GIFT CARDS OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A GIFT CARD).
15. Applicable Law
247Bits is based in the United States and our Services are subject to U.S. law. We make no representations or warranties that the Services are appropriate or available for use in other locations. If you choose to access or use the Services from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the State of Arizona, excluding its conflicts of law rules, govern your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Pinal County, Arizona, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Services (including, but not limited to, your use of the Services).
16. Termination or Modification of Services
247Bits reserves the right to change, suspend, remove, discontinue or disable access to the Services at any time and without notice. In no event will 247Bits be liable for the removal of or disabling of access to any portion or feature of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
247Bits may assign these Terms and its rights or delegate its obligations under without your consent. All provisions contained in these Terms shall extend to and be binding upon you and 247Bits successors and assigns. You may not assign these Terms to another person or entity.
20. Contact Us
If you have any questions or concerns regarding these Terms or our Services, please contact us at support@247Bits.com or: 247 Bits, Inc. Attn: Customer Support, 1670 N. Pinal Ave., Units# 10737, Casa Grande, AZ 85122.