Terms & Conditions
Last Updated October 21, 2011
Eligibility; Registration Information and Password; Access.
- Eligibility. Persons under the age of 18 and users previously suspended or removed from the Plastic Jungle Service by Plastic Jungle may not use the Plastic Jungle Service.
- Registration. You need not be a registered user to browse the Plastic Jungle Site. However, in order to use certain features of the Plastic Jungle Service (such as buying and selling gift cards), you will need to register for an account, except where you are transacting through a partner of Plastic Jungle that hosts or makes available a Plastic Jungle application in which case an account will be created for you if you do not already have one (see below). To register for an account, you may be asked to provide any or all of the following information: legal and current name, home address, phone number, an active email address, credit card. You agree that the information you provide to us on registration and at all other times, will be true, accurate, current, and complete. You agree to keep your information accurate and current at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
- Password. If you are transacting with Plastic Jungle through a partner of Plastic Jungle that hosts or makes available a Plastic Jungle application, an account and temporary password will be created for you, and the information necessary to access your account will be emailed to you.
- Organizations. If you are using or opening an account on the Plastic Jungle Service on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such Subscribing Organization.
- Grant of Access. Subject to your compliance with the Terms, we grant you permission to access and use the Plastic Jungle Service as set forth in these Terms, and consistent with the intended features of the Plastic Jungle Service.
Additional Terms and Policies.
Additional Guidelines. When using the Plastic Jungle Service, you will be subject to any additional guidelines or rules applicable to specific services and features which may be posted from time to time or linked to these Terms (the "Guidelines"). All such Guidelines are incorporated by reference into the Terms, and are made a part of this agreement. The Guidelines include, but are not limited to:
- Intellectual Property Policy. We respect the intellectual property rights of others. This policy describes how Plastic Jungle protects third party intellectual property, and provides procedures for reporting incidents of claimed infringement.
- Additional Guidelines. When using the Plastic Jungle Service, you will be subject to any additional guidelines or rules applicable to specific services and features which may be posted from time to time or linked to these Terms (the "Guidelines"). All such Guidelines are incorporated by reference into the Terms, and are made a part of this agreement. The Guidelines include, but are not limited to:
- Certain features of the Plastic Jungle Service may enable you to provide us with certain information in written and/or other data formats, such as when you set up your profile, or submit other materials ("Content Submissions"). By providing us Content Submissions, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free, fully paid up license, with right to grant and authorize sublicenses, under all applicable copyright, trademark, publicity, and other proprietary rights you may have in the Content Submissions, to exploit the Content Submissions without restriction, in any media known now or later developed or discovered. You also grant to each user of the Plastic Jungle Service a nonexclusive license to access and use the Content Submissions as permitted and made available through the Plastic Jungle Service. You hereby agree and acknowledge that we have no obligation to publish any such Content Submissions, and may in our sole discretion remove any Content Submission (including any listing that we have reason to believe may be fraudulent, misleading, improper, or otherwise in violation of these Terms). You hereby represent and warrant that you own or have sufficient rights in the Content Submissions to grant Plastic Jungle the foregoing rights.
- Gift Card. The Plastic Jungle Service may permit you to buy or sell certain gifts cards, codes or the like that are redeemable for goods and services from third parties ("Gift Card").
- Selling Gift Cards. When you sell a Gift Card on or through the Plastic Jungle Service, you agree to transfer ownership of the Gift Card and any interest therein to Plastic Jungle in return for a payment in the amount designated in the Gift Card sale transaction ("Sale Transaction"). You agree not to, and agree not to permit or encourage anyone else to, redeem any portion of the Gift Card, or any interest therein, subsequent to the Sale Transaction.
- Gift Card Verification. No Sale Transaction is complete, and Plastic Jungle will incur no payment obligations to you, until Plastic Jungle accepts delivery of and verifies all Gift Cards associated with such Sale Transaction. Plastic Jungle accepts no responsibility for any Gift Cards until we received them in our facility and we verify the Gift Card balance and other details. Plastic Jungle recommends you package all Gift Cards securely prior to mailing them to us, in order to ensure your Gift Cards arrive safely. Upon Plastic Jungle's verification that all Gift Cards meet our Gift Card Sale Guidelines (Section 4i), Plastic Jungle will notify you of a completed Sale Transaction.
Seller's Representations and Warranties. In connection with any Sale Transaction, you hereby represent and warrant, and continue to represent and warrant, the following:
- the Gift Card is valid;
- the Gift Card is redeemable for the amount of credit that you state in connection with the Sale Transaction;
- that you have not in any way retained a way to redeem the Gift Card after the Sale Transaction;
- the Gift Card and any interest therein is fully transferable to Plastic Jungle in the manner contemplated by this Agreement;
- you are the sole lawful owner of the Gift Card and all interests thereto;
- the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and
- you shall comply with all other requirements to complete the Sale Transaction, including without limitation any shipping instructions, required by the Plastic Jungle Service.
- Right of Acceptance. In order to ensure the integrity of the Plastic Jungle Service, we reserve the right to reject any card or cards that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us, our users, or merchants and gift card issuers. Generally, we will return cards we elect not to accept within seven (7) business days of receipt. Plastic Jungle accepts no liability for any lost or damages packages, or packages altered in transit, whether in transit to Plastic Jungle or in return transit to the seller. You agree that until Plastic Jungle receives all Gifts Cards associated with a Sale Transaction, you remain liable for all risk of loss. Sending a Gift Card or Gift Cards to Plastic Jungle in no way obligates us to accept ownership of such Gift Card or Gift Cards.
- Invalid or Incorrect Gift Cards. You agree that, if you send to Plastic Jungle any Gift Card that is not a part of a Sale Transaction or that fails to meet Plastic Jungle's Gift Card Sale Guidelines, you hereby make an irrevocable offer to sell such Gift Card to Plastic Jungle at the then-listed price or percentage discount reported publicly on the Plastic Jungle Service for Gift Cards of similar amount and type ("Irrevocable Offer"). You agree that such Irrevocable Offer shall be held open for 14 days from the date Plastic Jungle receives any such Gift Cards. Plastic Jungle, in its sole discretion, shall decide whether to accept or reject any such Irrevocable Offer. If Plastic Jungle accepts the Irrevocable Offer, Plastic Jungle will notify you and complete the sale transaction in accordance with the terms and conditions set forth herein.
- Return of Gift Card. In the event Plastic Jungle rejects an Irrevocable Offer by you to sell an unverified, invalid, incorrect, or other not acceptable Gift Card, Plastic Jungle may return the Gift Card to you using the address information you provide Plastic Jungle in your account settings. If Plastic Jungle returns any such Gift Cards to you, you maybe subject to a return fee of $5 to cover the shipping and handling fees incurred with returning the card to you ("Return Fee").
- Depleted Gift Card. If Plastic Jungle receives a claim or otherwise discovers that the value of a Gift Card you sold through the Plastic Jungle Service has been depleted, and Plastic Jungle is able to verify such claim, Plastic Jungle reserves the right to charge you a replacement fee equal to the original value of the Gift Card, plus an additional $10 replacement fee ("Replacement Fee"). You agree and authorize Plastic Jungle to immediately charge any such Replacement Fee to you using the payment processing system you have selected in your account settings or otherwise provided during the Sale Transaction.
Gift Card Sale Guidelines. The following sale guidelines ("Gift Card Sale Guidelines") list the minimum requirements that Plastic Jungle sets forth in connection for any Sale Transaction of Gift Card on or through the Plastic Jungle Service. Plastic Jungle may, at any time and in its sole discretion, update, modify, add or delete the requirements set forth in these Gift Card Sales Guidelines.
- The Gift Card must not have a balance below the reported balance at the time of the Sale Transaction.
- The Gift Card must have a minimum balance of at least $25.
- The Gift Card must be for a retailer that is listed on the Plastic Jungle site as a brand that is eligible to be sold to Plastic Jungle.
- The Gift Card must not be in the form of a paper certificate.
- The Gift Card must not have an expiration date.
Plastic Jungle Guarantee
Buyer Guarantee. When you purchase any Gift Card from the Plastic Jungle Service, Plastic Jungle guarantees (i) you will receive the Gift Card within 3 weeks from the date of purchase; and (ii) the Gift Card will be valid at the merchant associated with such Gift Card for the dollar amount specified on your order ("Buyer Guarantee"). Plastic Jungle will offer the Buyer Guarantee for 60 days from the date of purchase and up to a maximum of $1,000 per customer.
If you do not receive the Gift Card you purchased within three (3) weeks of the date of purchase, your purchased Gift Card is invalid, or the balance of the purchased Gift Card upon your receipt is less than the balance indicated in the purchase transaction, you may invoke the Buyer Guarantee as follows:
- Contact Customer Service at email@example.com to file a claim. Please remember to make this claim no later than 60 days following the purchase date.
- Plastic Jungle will provide you with an affidavit, which you must fill out properly and return to Plastic Jungle, per the instructions on the affidavit.
- Plastic Jungle will investigate your claim.
If Plastic Jungle determines (i) your claim is valid, (ii) you complied with the steps above within 60 days of purchase, and (iii) you have not reached the $1,000 limit per customer, Plastic Jungle, in its sole discretion, will either:
- Provide you with a Gift Card for the same merchant as the Gift Card earlier purchased; or
- Issue you a refund for the disputed amount.
- The remedy set forth in Section 5(a)(i) above shall be your sole and exclusive remedy for any breach of the Buyer Guarantee.
- If you do not receive the Gift Card you purchased within three (3) weeks of the date of purchase, your purchased Gift Card is invalid, or the balance of the purchased Gift Card upon your receipt is less than the balance indicated in the purchase transaction, you may invoke the Buyer Guarantee as follows:
Seller Guarantee. When you sell a Gift Card on or through the Plastic Jungle Service, Plastic Jungle guarantees (i) it will pay you promptly; and (ii) the payment amount will be calculated based on the value of the Gift Card you send to Plastic Jungle (which Plastic Jungle will verify upon receipt) and the discount rate you agreed to in connection with the Sale Transaction on the Plastic Jungle Service ("Seller Guarantee"). The availability of the Seller Guarantee is subject to your having provided accurate seller payment information to Plastic Jungle in your Account ("Seller Payment Information"). If you opt to receive payment via PayPal, the email address you provide in yourSeller Payment Information must match the email address you registered with at PayPal. If you opt to receive a check issued to you by name, the first and last names as well as the address you provided in the Seller Payment Information must be accurate. Plastic Jungle is not responsible for any payments that are lost or sent to an invalid party due to incorrect Seller Payment Information.
If you do not receive the payment for a Gift Card within three (3) weeks of the date Plastic Jungle notifies you that it has received and verified your Gift Card(s), you may invoke the Seller Guarantee as follows:
- Please email Customer Service at firstname.lastname@example.org to file a claim.
- We will investigate the payment in question and determine whether the payment has already been processed and, if it has not, we will make every effort to do so as quickly as possible. In the event we determine that payment needs to be reprocessed, please allow one (1) week for the receipt of the replacement payment.
- The remedy set forth in Section 5(b)(i) above shall be your sole and exclusive remedy for any breach of the Seller Guarantee.
- If you do not receive the payment for a Gift Card within three (3) weeks of the date Plastic Jungle notifies you that it has received and verified your Gift Card(s), you may invoke the Seller Guarantee as follows:
- Abuse of the Plastic Jungle Guarantee. Plastic Jungle reserves the right to suspend or cancel the registration of any Buyer or Seller who Plastic Jungle believes, in its sole discretion, abuses or attempts to abuse the Plastic Jungle Guarantee. Plastic Jungle will report any such abuse to the appropriate legal authorities.
- Guarantee Exceptions. The intent of the Buyer Guarantee and Seller Guarantee is to protect Plastic Jungle users from the common risks associated with the transaction of business online. In that spirit, Plastic Jungle must note the exceptions. This policy does not protect you against any event or loss that would have occurred if you had purchased the gift card directly from the retailer. Moreover, Plastic Jungle does not guarantee the transaction if you simply change your mind or you become dissatisfied with your own personal choice. The Buyer Guarantee and the Seller Guarantee do not apply to any transaction or attempted transaction made by users outside of the Plastic Jungle Service.
- Buyer Guarantee. When you purchase any Gift Card from the Plastic Jungle Service, Plastic Jungle guarantees (i) you will receive the Gift Card within 3 weeks from the date of purchase; and (ii) the Gift Card will be valid at the merchant associated with such Gift Card for the dollar amount specified on your order ("Buyer Guarantee"). Plastic Jungle will offer the Buyer Guarantee for 60 days from the date of purchase and up to a maximum of $1,000 per customer.
My Gift Cards
- Eligibility. You must be a registered user to access My Gift Cards.
- Disclaimer. Plastic Jungle employs certain security measures designed to protect the gift card information stored in connection with the Plastic Jungle Service. Any activity on these cards is your responsibility, not Plastic Jungle's.
BY USING THE PLASTIC JUNGLE SERVICE YOU PROMISE NOT TO:
- Upload or submit copyrighted material you do not own or have the legal right to distribute, display and otherwise make available to others - such as text, pictures, music, or other works;
- Misrepresent or mislead others about any aspect of information you post, transmit, or otherwise communicate or make available through the Plastic Jungle Service, including the nature of gift cards you list, or your offers to purchase gift cards;
- Take any action that would render information you post, transmit, or otherwise communicate or make available through the Plastic Jungle Service false or misleading, such as by using any gift card after remitting it for sale;
- Sell, offer for sale (whether directly or through a third party service), or redeem, any gift card you have remitted for sale or sold on the Plastic Jungle Service;
- Use any technique to avoid or circumvent commissions, fees, or other charges for use of the Plastic Jungle Service, such as offering other users of the Plastic Jungle Service opportunities to complete transactions or buy gift cards outside the Plastic Jungle Service;
- Use the Plastic Jungle Service on behalf of any third party, or use the Plastic Jungle Service in connection with operating any form of service bureau operation;
- Make use of Plastic Jungle Service to perform any commercial transactions, including but not limited to, utilizing the Plastic Jungle Service for non-personal purchases and drop shipment delivery to a third party address different from that of the registered user;
- Harass, threaten, or defraud other Plastic Jungle users;
- Upload or send to other Plastic Jungle users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Make unsolicited offers, advertisements, proposals, or send junk mail to other users;
- Impersonate another person or access another user's account without that person's permission;
- Share Plastic Jungle passwords with any third party or encourage any other user to do so;
- Misrepresent the source, identity, or content of information transmitted via the Plastic Jungle Service; or
- Use the Plastic Jungle Service for any illegal, unethical, or objectionable purpose as determined by Plastic Jungle in its sole discretion.
Fees, Charges, and Payment.
- Plastic Jungle Fees and Charges. By using the Plastic Jungle Service, you authorize us to charge your selected payment method in connection with processing any purchases you make through the Plastic Jungle Service. We also may charge you in the event, and to the extent, that you incur any other fees or charges, including without limitation Return Fees and Replacement Fees, in connection with your use of the Plastic Jungle Service or any Gift Card transactions.
- Plastic Jungle Payments to You. Any payments for amounts owed to you, such as for gift cards you submit through the Plastic Jungle Service, are generally made promptly following verification of the transaction. Any such amounts are first reduced by any amounts you owe to us. We reserve the right, in our sole discretion, to use any alternative payment method to pay you, such as issuing a credit through your payment method.
- Third Party Fees. You are solely responsible for any and all amounts payable to third parties associated with your use of the Plastic Jungle Service, including internet service, equipment costs, taxes, and other fees. We may offer you the ability to select to receive certain communications by SMS text messaging, which may incur third party network access and service fees, for which you are solely responsible.
- Credit Card Authorization. When you take any action that has a fee or charge associated with it, such as purchasing a gift card, we obtain an authorization to charge your payment method for the full amount of the applicable fee or charge. Debit card issuers will place a hold on funds when an authorization is obtained by Plastic Jungle. Please contact your financial institution to better understand its policies on such matters.
Modification of the Terms and Fees.
- Terms. From time to time, we may change, modify, add, or remove portions of the Terms, and reserve the right to do so in our sole discretion. If we modify the Terms, we will make them available through the Plastic Jungle Service and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. All amended Terms automatically take effect immediately after they are made available through the Plastic Jungle Service, except that (i) disputes between you and Plastic Jungle will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Plastic Jungle Service. Your continued use of the Plastic Jungle Service after revised Terms have become effective indicate that you have read, understood and agreed to the current version of the Terms.
- Fees. We reserve the right, in our sole discretion, to modify the fees we charge, or the features and services associated with them (or to make all or any portion of the Plastic Jungle Service available for free), on a going-forward basis without liability to you.
- Prohibited Jurisdictions. Access to the Plastic Jungle Service in territories where its contents, features, or practices are not permitted, is prohibited. The Plastic Jungle Service is designed for customers in the United States. Those who choose to access the Plastic Jungle Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
- Stolen or Fraudulent Gift Cards. The sale of stolen property or the perpetration of fraud on Plastic Jungle is strictly forbidden and violates the law. We strongly support law enforcement efforts to recover any stolen property that is listed on the Plastic Jungle Service, and we urge the prosecution of those responsible for knowingly attempting to sell such items on Plastic Jungle or otherwise engaging in criminal fraudulent activity. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or government entities. Fraudulent activity includes use, conversion, or sale to a third party of any card or product sold to Plastic Jungle. Plastic Jungle will actively work with gift card issuers, processors, and other gift card service providers, as well as appropriate law enforcement services, to thwart any activities involving stolen, fraudulent, or other illegal uses or cards and will report to law enforcement any criminal activity perpetrated on or through Plastic Jungle.
- Commercial Use. Any use of any of the Plastic Jungle Service other than for personal, non-commercial purposes, without explicit written permission from Plastic Jungle, is strictly prohibited. As a condition of your use of the Plastic Jungle Service, you agree not to use the Plastic Jungle Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Plastic Jungle Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Plastic Jungle Service. You may not attempt to gain unauthorized access to the Plastic Jungle Service, other accounts, computer systems or networks connected to the Plastic Jungle Service, or any part of them, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Plastic Jungle Service or any activities conducted on the Plastic Jungle Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Plastic Jungle Service. You agree neither to modify the Plastic Jungle Service in any manner or form, nor to use modified versions of the Plastic Jungle Service, including for the purpose of obtaining unauthorized access to the Plastic Jungle Service.
- Circumvention. The Plastic Jungle Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Plastic Jungle Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Plastic Jungle Service.
- We encourage you to provide Plastic Jungle with comments, bug reports, suggestions for modifications, and your thoughts about Plastic Jungle in general ("Feedback"). In return, we shall have the right to use such Feedback in our discretion, including but not limited to the incorporation of such suggested changes into the Plastic Jungle Service and the right to assign, license or otherwise use the Plastic Jungle Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- By Plastic Jungle. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us and/or your permission to use the Plastic Jungle Service, and remove and discard all or any part of your account or any of your Content Submissions, at any time. We may also, in our sole discretion and at any time, discontinue providing access to the Plastic Jungle Service, or any part thereof, with or without notice. Plastic Jungle does not permit copyright infringing activities on the Plastic Jungle Service and reserves the right to terminate access to the Plastic Jungle Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Plastic Jungle Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Plastic Jungle may have at law or in equity.
- By You. You may terminate your account, this Agreement and your right to use the Plastic Jungle Service, at any time and for any reason or no reason, by contacting Plastic Jungle customer support at email@example.com.
- Fees. Upon any termination of your account, you will not be entitled to a refund of any fees or other payments made by you to Plastic Jungle, and you will remain obligated to pay all outstanding fees and charges, including without limitation any Refund Fees and Replacement Fees, relating to your use of the Plastic Jungle Service before termination.
- Survival. Sections 3, 4.b, 5, and 7 through 22 will survive any termination of these Terms.
Ownership; Proprietary Rights.
- The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Plastic Jungle Service provided by Plastic Jungle ("Materials") are protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content Submissions, all Materials contained on the Plastic Jungle Service are the copyrighted property of Plastic Jungle or its subsidiaries or affiliated companies and/or third-party licensors, or in the case of gift cards, the gift card issuers and retailers at which the cards may be redeemed. All trademarks, service marks, and trade names are proprietary to Plastic Jungle or its affiliates and/or third-party trademark owners. Except as expressly authorized by Plastic Jungle, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Third-Party Sites, Products and Services; Links.
- The Plastic Jungle Service may include links to other web sites or services solely as a convenience to users ("Linked Sites"). Plastic Jungle does not endorse any such Linked Sites or the information, material, products, or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Plastic Jungle makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Plastic Jungle Service are solely between you and such advertiser. YOU AGREE THAT PLASTIC JUNGLE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE PLASTIC JUNGLE SERVICE.
- Except as explicitly stated otherwise, legal notices will be served on Plastic Jungle's national registered agent or to the email address you provide us during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Disclaimers; No Warranties.
- THE PLASTIC JUNGLE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, WIDGETS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLASTIC JUNGLE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLASTIC JUNGLE, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. PLASTIC JUNGLE, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PLASTIC JUNGLE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLASTIC JUNGLE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLASTIC JUNGLE SERVICE AND ANY DOWNLOADABLE SOFTWARE, WIDGETS, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLASTIC JUNGLE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROVIDED IN THE PLASTIC JUNGLE GUARANTEE, PLASTIC JUNGLE MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING GIFT CARDS PURCHASED OR SOLD THROUGH THE PLASTIC JUNGLE SERVICE; AND THE PLASTIC JUNGLE GUARANTEE IS YOUR SOLE AND EXCLUSIVE REMEDY AS TO ANY PROBLEMS THAT ARISE RELATED TO THE PURCHASE AND SALE OF GIFT CARDS THROUGH THE PLASTIC JUNGLE SERVICE. 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless.
- YOU AGREE TO INDEMNIFY AND HOLD PLASTIC JUNGLE, ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE PLASTIC JUNGLE SERVICE, VIOLATION OF THESE TERMS, VIOLATION OF THE RIGHTS OF ANY PERSON OR ENTITY, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS YOU MAKE HEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
Limitation of Liability and Damages.
- PLASTIC JUNGLE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART OUT OF YOUR ACCESS TO OR USE OF THE PLASTIC JUNGLE SERVICES, OR OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU TO PLASTIC JUNGLE IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Basis of the Bargain.
- YOU ACKNOWLEDGE AND AGREE THAT PLASTIC JUNGLE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PLASTIC JUNGLE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PLASTIC JUNGLE. PLASTIC JUNGLE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- General. Generally, if a dispute arises between Plastic Jungle and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Plastic Jungle agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Plastic Jungle Service (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Plastic Jungle agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Exceptions. Notwithstanding subsection 20.c, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Plastic Jungle's address for Notice is: Plastic Jungle, Inc., 204 East 2nd Avenue, #632 San Mateo, CA 94401. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Plastic Jungle may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Plastic Jungle shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Plastic Jungle shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Plastic Jungle in settlement of the dispute prior to the arbitrator's award.
- Fees. In the event that you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the ADR provider's rules. Any arbitration hearings will take place at a location to be agreed upon in San Jose, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the ADR provider's rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the ADR provider's rules. In such case, you agree to reimburse Plastic Jungle for all monies previously disbursed by it that are otherwise your obligation to pay under the ADR provider's rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions.YOU AND PLASTIC JUNGLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Plastic Jungle agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications. In the event that Plastic Jungle makes any future change to this arbitration provision (other than a change to Plastic Jungle's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Plastic Jungle's address for Notice, in which case your account with Plastic Jungle shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- Claims. YOU AND PLASTIC JUNGLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLASTIC JUNGLE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision, and in the case of Plastic Jungle must be executed in writing by an executive officer of Plastic Jungle. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason invalid or unenforceable, then that provision will reformed to the minimum extent necessary to make it valid and enforceable, and if not capable of such reformation shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Plastic Jungle without restriction, including by operation of law, or in connection with a merger, acquisition, or sale of all or part of Plastic Jungle's assets. Our suppliers and co- brand partners are third-party beneficiaries of this Agreement. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Plastic Jungle relating to the subject matter herein and will not be modified except in writing, signed by both parties, and in the case of Plastic Jungle by an executive officer of Plastic Jungle, or by a change to these Terms or Guidelines made by Plastic Jungle as set forth in Section 9 above.
The Plastic Jungle Service is offered by Plastic Jungle, Inc. If you have any questions about these Terms or the Plastic Jungle Service that are not answered on the Plastic Jungle Site, please contact us at:
Plastic Jungle, Inc.
204 East 2nd Avenue, #632
San Mateo, CA 94401
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
- The Plastic Jungle Service is offered by Plastic Jungle, Inc. If you have any questions about these Terms or the Plastic Jungle Service that are not answered on the Plastic Jungle Site, please contact us at: