User Agreement
Effective Date: November 17, 2007
PLEASE READ THIS USER AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. It ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
TABLE OF CONTENTS
1. How this agreement works.
2. Who we are and what we do.
3. How to become a registered user.
4. Selling, Trading and Listing Gift Cards.
5. Finding Gift Cards and Buying.
6. Trading.
7. Notifying the Seller / Trader of a Purchase or Accepted Trade.
8. Completing the Sale/Trade.
9. PlasticVault.
10. Your relationship with us.
11. Your responsibilities.
12. Consequences.
13. What we don't warrant (Release, Disclaimer of Warranties and Limitation of Liability).
14. We own the intellectual property rights to our Site and Service.
15. Additional terms that affect our agreement (including Governing Law and Binding Arbitration).
1. How this agreement works.
1.1 Introduction. Welcome to www.plasticjungle.com , Plastic Jungle, Inc.'s online buying, selling and trading marketplace (the "Site"). This User Agreement ("Agreement") sets forth the terms of the agreement between you and Plastic Jungle (“we” or “us”) with respect to your use of the Site. By using the Site, you fully and unconditionally agree to this Agreement. If you do not agree to this Agreement, please do not use the Site.
1.2 Modification. We may revise this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such changes.
1.3 Additional Policies. This Agreement incorporates by reference the following policies and documents also found on the Site:
Privacy Policy
Buyer Learning Center
Seller Learning Center
Trader Learning Center
Plastic Jungle Guarantee
2. Who we are and what we do.
2.1 Gift Card Marketplace. Plastic Jungle is a website service that allows registered users who want to buy gift cards ("Buyers") to find gift cards to purchase from registered users who want to sell their gift cards ("Sellers"). This includes trading transactions conducted between two users (“Traders”). All gift cards on Plastic Jungle are verified to confirm the listed value and merchant are accurate at the time the card is listed. It is free to list gift cards for sale or trade on Plastic Jungle. We charge a commission only when a sale or trade is completed. The fulfillment of purchased or traded gift cards, including their delivery and shipment, must be provided by the Seller or Trader through our “Exclusive Shipping Partner,” in order for us to track and guarantee all transactions. Please remember that Plastic Jungle acts as a marketplace only to allow Buyers, Sellers and Traders to transact business regarding gift cards.
3. How to become a registered user – Learning Center
3.1 Requirements. To be a registered user of this Site, you must agree to this Agreement, and you must have a valid credit or debit card that we accept (see Sections 5.4, 8.1 and 8.2 below for further details). You may only use the services provided through the Site if you are able to form legally binding contracts, are a resident of the United States only conducting business in the United States, are over the age of 18, and are not suspended from the Site. If you are under the age of 18, you may only use the Site in conjunction with and under the supervision of your parent or guardian. If you reside outside the U.S., you are not permitted to use this website either as a buyer or a seller of gift cards.
3.2 Registration. We will not accept any request from you to buy, sell or trade gift cards before you have registered with us. To register, you must provide your legal and current name, address, phone number, an active email address, and a valid credit or debit card. You will also select a password. The information you submit at registration is your “Account Information.” It is your responsibility to maintain the confidentiality of your Account Information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your Account Information or any other actual or suspected breach of Site security.
3.3 Privacy. Any information that you submit to us or that we collect through the Site is subject to our Privacy Statement, the terms of which are incorporated into this Agreement by reference.
3.4 SMS Text Messaging. Plastic Jungle offers some of its communications by SMS text messaging. This is completely optional and only offered with the recipient's express consent with respect to specific notifications, such as those that may be time sensitive. Text messaging may also be used in the event that a user registers at a remote location during a special event and agrees to receive such messages.
4. Selling, Trading and Listing Gift Cards – Seller Learning Center / Trader Learning Center
4.1 QuikCash. The easiest way to sell gift cards on Plastic Jungle is to sell them directly to us through our QuikCash program. This is generally not as lucrative as selling a card on Plastic Jungle yourself, but is quick and easy. You can use our “QuikCash Calculator” to determine how much, if anything, Plastic Jungle will pay for your gift card. After you have sent the gift card to us and we have verified it, we will send you a check within 48 hours for the listed percentage found on our QuikCash page. This option is available only for gift cards listed on our “QuikCash Calculator,” which is limited to certain retailers and may change at any time, based on the market and our discretion. You may contact our Customer Service department if you have a card you want to sell that is not listed in our “QuikCash Calculator.” We reserve the right in our sole discretion to decline or agree to purchase any gift card at any time, for any or no reason.
4.2 Listing Process. The listing process requires you to assign a price to the gift card and provide information such as the merchant name, card number, PIN number (when applicable), value, card description, expiration date, if any, and depreciation information, if any, in accordance with the process outlined in the Seller and Trader Learning Centers. You may list gift cards for sale or trade for free. Plastic Jungle charges you, the Seller or Trader, a commission of 10% of the card sale price only when you complete a Sale or Trade (the amount of your commission may be different if you have a separate written agreement with us). We charge this to the credit or debit card you provided at registration. In the case of a sale, the commission percentage is based on the “Sale Price”, which is defined in our Glossary. In the case of a trade, it is based on the value of each gift card, and it is imposed on both cards in the trade. There are additional fees for shipping through our “Exclusive Shipping Partner.” The shipping arrangements must be made on Plastic Jungle, in order for us to track and guarantee all transactions.
4.3 Gift Card Verification. All gift cards listed on Plastic Jungle are verified to ensure a safe open marketplace. Verification ensures that the value or balance of the card is a cc urate at the time of the listing. We verify gift cards based on the information provided by the Seller or Trader at the time of listing. Verification does not guarantee against the attempt of fraud by an individual. Verification is generally completed quickly but could take up to 24 hours depending on the merchant's process and availability. Gift Cards that cannot be verified as to the exact merchant, value and expiration date will not be accepted for listing on Plastic Jungle. Plastic Jungle is not responsible for its or a merchant's ability or inability to verify a gift card. (Please see our Plastic Jungle Guarantee ).
4.4 Fixed Price and Declining Price Formats. If you list a gift card for sale or trade, you may choose to sell or trade it in one of three formats: (a) fixed price, (b) declining price, or (c) trade. You may also allow Buyers to “Make An Offer” for your gift card.
Fixed Price : You set a definite price at which the gift card will sell immediately when a Buyer chooses to purchase it at that price. Remember to factor in our commission when you calculate your selling price. This amount plus shipping is deducted from the proceeds of the sale.
“Make An Offer” Function : You may allow Buyers to “Make An Offer for a gift card. You may accept or decline an offer. Once an offer is accepted, the card will be purchased and processed immediately, as it is considered a binding agreement.
Declining Price : You set both a maximum and minimum price for the gift card. The price will first appear at the maximum price and decrease in the increments and at the intervals that you have specified until the gift card sells or the minimum price is reached, whichever comes first. The minimum price is not visible to Buyers.
Trade : You define a list of the merchants and card values for which you would be willing to trade your card.
4.5 Price Advisor . You are responsible for the pricing of a gift card you offer for sale. The “Price Advisor” is only a tool to assist in determining a price. It is not required for use of the Site, and we accept no responsibility with respect to pricing.
4.6 Seller/Trader Responsibility. Once you confirm a purchase or trade of a gift card from a Buyer/Trader, you are responsible for fulfilling the purchase with the exact gift card that you listed. In the event that that card is for some reason not available, you may replace the card with a “Like Card.” A “Like Card” is a card from the same merchant with the same value and the same expiration or depreciation, or lack thereof. We will charge your credit card a replacement fee if you list a gift card and are unable to produce the exact gift card or a “Like Card.” The amount of the replacement fee depends on how much it costs us to purchase a “Like Card” for the Buyer/Trader and could be as much as the full value or balance; however, it shall not exceed the full value or balance. Plastic Jungle is not responsible for any errors made by you in the listing or pricing of a gift card. Please note that gift cards should not be listed with the intent of later substituting them with “Like Cards;” this should be used in exceptional circumstances only. Plastic Jungle reserves the right to determine what constitutes a “Like Card” for substitution purposes in the event there is a dispute, and Plastic Jungle's decisions are final.
4.7 Required Shipping. Plastic Jungle guarantees all transactions. Please see the Plastic Jungle Guarantee for details. In order to do this, we require all Sellers and Traders to fulfill and ship their sold or traded gift cards with our “ Required Shipping Partner. ”
4.8 Term of Listing. A listed card remains on the Site for ninety (90) days or until it sells or is traded. The Seller or Trader may remove a card from Plastic Jungle at anytime prior to sale or trade. Plastic Jungle may periodically correspond with Sellers or Traders to confirm the gift card is still available. Plastic Jungle reserves the right to remove a card at any time, for any or no reason, in its sole discretion.
5. Finding Gift Cards and Buying - Buyer Learning Center
5.1 Buying or “Making An Offer.” To purchase a gift card, browse the Site for gift cards that match what you are seeking. When you find a desirable gift card, click on the “Buy Now” button to purchase the gift card. You may also choose to “Make An Offer” when the Seller allows this. You will then be prompted to enter your credit or debit card information if it is not already on file. See Credit Card Authorization 5.4
5.2 Gift Guru. The Gift Guru is a tool to assist Buyers in choosing a gift card as a gift. It makes recommendations and in no way limits or mandates your purchasing choices.
5.3 Wish List. Plastic Jungle offers Site users the ability to create a “Wish List” of desired gift cards. Plastic Jungle utilizes this list to watch for gift cards the user wants and notify the user when those gift cards become available on the Site. You may authorize Plastic Jungle to purchase gift cards from your “Wish List” on your behalf, based on specific criteria.
5.4 Credit Card Authorization. When you purchase a gift card, we obtain an authorization from your credit or debit card for the full purchase amount, which equals the total gift card price. 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.
6. Trading. Trading Learning Center
6.1 Trading. Plastic Jungle offers its users the ability to trade gift cards. Cards that are intended to be traded must be listed for trade at the same time they are listed for sale if a Seller wants the option to trade as well.
6.2 Trade Offers. If you locate a card that you would like to trade your listed card for, make a “Trade Offer” to the owner of the other card. This “Trade Offer” may be for an equivalent trade or may be a trade that includes an additional Cash amount. An automated “Trade Offer” is then sent by email or SMS text message to the other trader. That Trader has the option to “Accept” or “Decline” the “Trade Offer.” The “Trade Offer” can be revoked by the initial Trader until it is accepted.
6.3 Accepted Trade. Once a “Trade Offer” has been “Accepted,” it is a binding agreement and must be completed by both parties. In the case where there is Cash added to the “Trade Offer,” the first Trader's credit card will be charged the amount of that cash offer when the trade is “Accepted.” Each party must use the link to our mandatory shipper to ship their cards immediately. All cards on Plastic Jungle must be shipped through our shipping tool to ensure our Plastic Jungle Guarantee.
7. Notifying the Seller / Trader of a Purchase or Accepted Trade.
7.1 Notification and Shipment. Once a gift card is purchased or a trade is accepted, we notify the Seller or Trader of the sale or accepted trade via email, SMS and/or telephone. This notification includes a shipping link to ship the gift card immediately, but in no case should it take a Seller / Trader more than five (5) days to ship his/her gift card. After five (5) days, Plastic Jungle will contact the Seller / Trader by email and/or phone to prompt the shipment. If the Seller / Trader cannot ship the gift card with in five (5) days of being notified of a sale or “Accepted” trade, he/she must inform us of the expected ship date. If the expected ship date changes, the Seller / Trader must contact us and provide a new expected ship date. In all cases, if the Seller / Trader does not ship the gift card within five (5) days of the expected ship date, Plastic Jungle reserves the right to cancel the sale and charge the Seller / Trader any costs Plastic Jungle incurs to satisfy the Buyer's / Trader's purchase or trade under the terms of Plastic Jungle's Guarantee. These charges may include, but are not limited to, cost of replacement gift cards, coupons, and gift certificates, reprinting fees, USPS rerouting charges, and refunds to the Buyer / Trader.
8. Completing the Sale/Trade.
8.1 Credit Card Charge when Buying. Gift Card sales are immediate on Plastic Jungle. As soon as the Buyer chooses to “Buy Now,” his/her credit card is charged the full purchase price of the gift card. At no time do we provide the Buyer's credit card information to the Seller. The credit card charge is paid to us, and the Seller is compensated the purchase price, less the commission and shipping charges, when confirmation of gift card delivery is received by Plastic Jungle. Sellers can see the exact amount of the commission, as well as shipping options, before completing the listing process and committing to list their gift cards for sale or trade.
8.2 Credit Card Charge when Additional Cash included in “Trade Offer.” Gift Card trades are considered binding and completed when a “Trade Offer” is accepted. In the event additional cash is offered in a “Trade Offer,” the credit card of the Trader who has agreed to “add cash” is charged the amount of the additional cash plus a 10% commission of the value of the card for the trade (the amount of the commission may be different if you have a separate written agreement with us). The other Trader is compensated the “add cash” amount according to the payment policy in the Trader Learning Center. The other Trader's credit card is charged only the 10% commission of the value of the card (the amount of the commission may be different if the Trader has a separate written agreement with us).
8.2 Dispute Resolution. After receiving a gift card, if a Buyer is dissatisfied with any part of the purchase, the Buyer must follow the rules for dispute resolution set forth in our “Plastic Jungle Guarantee."
9. PlasticVault
9.1 Listing Gift Cards in PlasticVault. There are events such as Weddings and Anniversaries that result in managing a large number of gift cards. Plastic Jungle offers you the ability to secure, track, document and manage the gift cards you want to keep. PlasticVault is located in “My Account” or can be found by following a link to PlasticVault. The information that you enter into PlasticVault is securely maintained and monitored by Plastic Jungle. This tool enables you to check your gift card balances at any time and may help you to replace gift cards in the event that they are lost, stolen or destroyed.
9.2 Selling or Trading from PlasticVault. You may decide to sell or trade a card that you've listed in PlasticVault. You can do this by using the “List for Sale or Trade” button next to by the card you wish to sell or trade. You will then be directed to the Selling and Trading page to complete the required information. See Selling and Trading section #4.
10. Your relationship with us.
10.1 Permission to Charge Your Card. As a Buyer, you grant Plastic Jungle permission to charge your credit or debit card when you agree to purchase a gift card (and you do not choose to pay through PayPal). As a Seller/Trader, you grant Plastic Jungle permission to charge your credit or debit card if, at any time, you fail to deliver a purchased/traded gift card or a “Like Card,” or if you deliver invalid, fraudulent, or misleading gift cards or gift cards obtained by fraudulent means. These charges may include, but are not limited to, the cost of replacement gift cards, shipping and handling, rerouting charges, refunds to the Buyer, and other charges we incur to satisfy the Buyer/Trader under the terms of Plastic Jungle's Guarantee. As a Trader, you grant Plastic Jungle permission to charge your credit or debit card for the trade commission, shipping for the card you trade and when you have added cash to a Trade Offer (and you do not choose to pay through PayPal).
10.2 Grant of License. When you give us content, you grant us a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise the publicity, database, trademark and copyright rights you have in the content, in any media known now or in the future. You further agree that Plastic Jungle shall be permitted to use your first name or user ID, home city and other ancillary information (for example, the number of years you have been a Plastic Jungle user) in connection with the content (such as an email from you) in conjunction with Plastic Jungle's marketing, promotion and publicity efforts in any media known now or in the future.
11. Your responsibilities.
11.1 Compliance with the Law and Site Policies. You agree that your use of the Site will fully comply with this Agreement, all applicable Site policies and all applicable laws, rules and regulations, including, without limitation, any laws, rules and regulations applicable to the sale or transfer of gift cards. The other provisions of this Agreement shall not limit the generality of this Section 11.1.
11.2 Stolen Property. The sale of stolen property on Plastic Jungle is strictly forbidden and violates the law. Plastic Jungle strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Plastic Jungle. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or government entities.
11.3 Information You Provide.
(a) You will not impersonate any other person while using the Site.
(b) When required, you will provide a valid credit card issued in your name or for which you are authorized to incur charges on the Site.
(c) For each gift card that you list for sale or trade, you warrant that your description of the card is accurate. If you offer or deliver an invalid, fraudulent, counterfeit or misleading gift card, Plastic Jungle reserves the right to cancel the listing or sale, return the gift card to you, and hold you liable for any and all charges we incur to satisfy the Buyer/Trader under the terms of the Plastic Jungle Guarantee. These charges may include, but are not limited to, cost of replacement gift card(s), coupons, and gift certificates, reprinting fees, rerouting charges, and refunds to the Buyer/Trader.
(d) You will not provide, list, post or otherwise transmit to the Site or to us any information that: (i) is false or misleading; (ii) is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious, offensive or objectionable (in our sole judgment) or which may give rise to liability or violate any law; (iii) infringes on the intellectual property rights or other rights of any person or entity; or (iv) contains, downloads or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, interrupting, destroying or limiting the functionality of any computer software or hardware or telecommunications equipment associated with the Site or the computers or other property of other Site users.
(e) You agree that we may use any comments, information or ideas contained in any content that you submit to us or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to modifying the Site and developing and marketing products and services.
11.4 Other Users' Information. You will not harvest or otherwise collect information about other Site users, including names, addresses and email addresses, without their express consent. You further agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose.
11.5 Use of Buyer's/Trader's Name and Address. We provide the Buyer's/Trader's name and address to Sellers/Traders for the sole purpose of shipping the specific purchased or traded gift card. This information may not be used or disclosed by the Seller/Trader for any other purpose. In addition, you agree that you will not include in your shipment to a Buyer/Trader any promotional or other material that is not provided or approved by Plastic Jungle. This includes, without limitation, material that announces a website or invites the Buyer/Trader to visit a website other than Plastic Jungle, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material.
11.6 Site Content. Except as otherwise permitted by this Agreement, you agree not to copy, modify, or distribute any content from the Site, including Plastic Jungle's copyrights and trademarks, and/or link to the Site without Plastic Jungle's prior written permission.
11.7 Double Listing and Removal of Gift Cards. Once you list a gift card on the Site, we strongly discourage listing that gift card for sale elsewhere. If you list your gift card for sale in other marketplaces, you must remove it from the Site immediately if it sells elsewhere. Except as provided herein, you agree not to promote, on the Site, the sale of gift card(s) through any site or marketplace other than Plastic Jungle. We reserve the right to prohibit users from posting gift cards at Plastic Jungle if they are not able to provide the exact gift card(s) that were listed at Plastic Jungle. If, at any time, you fail to deliver the gift card(s) you've listed, or deliver invalid, fraudulent, or misleading gift card(s), Plastic Jungle reserves the right to cancel the purchase, return the gift cards to you, and hold you liable for any and all charges we incur to satisfy the Buyer/Trader under the terms of Plastic Jungle's Guarantee. These charges may include, but are not limited to, cost of replacement gift cards, rerouting charges, and refunds to the Buyer/Trader. To learn about providing accurate, detailed information in your listings, read about Providing Gift Card Details.
11.8 Indemnity. You agree that you are responsible for your behavior in connection with the Site. We shall not be liable for claims made against you or us arising out of your use of the Site, and you hereby agree to indemnify and hold us, our related companies, officers, directors, employees and agents harmless from and against any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
11.9 Plastic Jungle accepts open loop cards only. Closed loop cards cannot be listed for sale or trade on the site.
12. Consequences.
12.1 Investigations. We may investigate complaints and violations of our policies and this Agreement. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a gift card, the source of a gift card, your acquisition of a gift card, and the price you paid for a gift card.
12.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including, without limitation, issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing), without notice or liability to you or any third party, if: (a) you breach this Agreement; (b) you do not cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) we believe your conduct may cause legal liability for you, for other users, or for Plastic Jungle; or (e) you act in a disruptive manner or we otherwise believe, in our sole discretion, that it is in our interest to terminate or restrict your use of the Site. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. Plastic Jungle is not obligated to pay you for any sales if we believe in our discretion that such sales were unlawful or otherwise made in violation of this Agreement.
12.3 Disclosure of Information. You agree that Plastic Jungle may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Plastic Jungle will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
12.4 Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if: (a) a sale is cancelled for any reason; (b) an adjustment is made under our Plastic Jungle Buyer's Guarantee; (c) we reasonably believe that you have committed fraud or any other illegal act or omission, or any act or omission in violation of this Agreement, during any buying, selling or trading activity; (d) you are not able to produce a “Like Card” for a purchased or traded card that you listed on the Site; or (e) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
13. What we don't warrant (Release, Disclaimer of Warranties and Limitation of Liability).
13.1 Release. Plastic Jungle is not involved in the actual transactions among Buyers, Sellers and Traders. The Site is only a venue to allow Buyers, Sellers and Traders to offer, sell and trade gift cards. The fulfillment of confirmed orders, including delivery and shipment of gift card(s), is the responsibility of the Seller/Trader through our mandatory shipping partner and shipping tool on our website. If you have a dispute with another Site user, you release Plastic Jungle, its related companies, and each such company's respective officers, directors, agents, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
13.2 Disclaimer of Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES STATED IN THIS AGREEMENT, YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE PRESENT THE SITE “AS IS” AND DISCLAIM ALL WARRANTIES, WHETHER IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE AND YOUR USE OF IT. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, 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 SITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS OR INACCURACIES OF SITE CONTENT; (B) SITE USERS' FAILURE TO COMPLY WITH THIS AGREEMENT; (C) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SITE OR SERVERS; (E) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) VIRUSES, WORMS, BUGS, TROJAN HORSES OR OTHER CODE, FILES OR PROGRAMS TRANSMITTED BY THIRD PARTIES TO INTERRUPT, DESTROY OR LIMIT THE SITE'S FUNCTIONALITY; AND/OR (G) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY: (A) ERRORS OR INACCURACIES OF SITE CONTENT; (B) SITE USERS' FAILURE TO COMPLY WITH THIS AGREEMENT; (C) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SITE OR SERVERS; (E) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) VIRUSES, WORMS, BUGS, TROJAN HORSES OR OTHER CODE, FILES OR PROGRAMS TRANSMITTED BY THIRD PARTIES TO INTERRUPT, DESTROY OR LIMIT THE SITE'S FUNCTIONALITY; AND/OR (G) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT , ON ANY THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THEN OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (1) $100; AND (2) THE TOTAL DOLLAR AMOUNT OF ALL GIFT CARD(S) YOU PURCHASED, TRADED AND/OR SOLD THROUGH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability shall be limited to the maximum extent permitted by applicable law.
13.4 Tax Indemnity. You agree that Plastic Jungle is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Plastic Jungle and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Plastic Jungle that arise out of any third party or governmental claim that involves, relates to or concerns: (a) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree; or (b) any dispute concerning the tax status of Plastic Jungle.
13.5 Change or Suspension of Site. Plastic Jungle reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any part of it, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control.
13.6 Regular Maintenance. The Site will be temporarily unavailable from 12am-3am Pacific Time each morning while it is being updated and modified. The Site is also updated daily at 4-hour intervals. When a Seller lists a gift card for sale on the Site, the listing may therefore not be available for purchase until the next regularly scheduled site update.
14. We own the intellectual property rights to our Site and Service.
14.1 Ownership of Intellectual Property. You acknowledge and agree that: (a) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our sole property; and (b) nothing in this Agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property.
14.2 Copyright. The entire content of the Site, including but not limited to text, graphics and code, is the property of us or our suppliers. Copyright 2007, Plastic Jungle, Inc. ALL RIGHTS RESERVED. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use of the Site and/or its content is strictly prohibited, unless authorized by us in writing.
14.3 U.S. Export Controls. Any software available on the Site is subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.
15. Additional terms that affect our agreement.
15.1 Third-Party Advertising and Links. The Site may include third-party advertising, as well as links to sites operated by third parties. We have no control over these linked sites, all of which have their own terms of use and data collection practices. These linked sites are provided for your convenience only, and you access them at your own risk.
15.2 No Agency. You and Plastic Jungle are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
15.3 Electronic Notices. By using the Site, you agree to receive electronic communications from us at the email address you provided at registration. You further agree that any notice or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15.4 Governing Law; Binding Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware , without regard to conflict of law provisions. ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party's state of residence to protect the party's intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THIS AGREEMENT. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable). You may obtain a copy of these procedures at www.adr.org or by calling 1-800-778-7879. In the event of any inconsistency between the AAA rules or procedures and this Agreement, this Agreement shall control. Any participatory arbitration hearing that you attend shall take place in the federal judicial district of your residence. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court having jurisdiction. The arbitrator will decide whether you or we will ultimately be responsible for paying any fees in connection with the arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts' and witness fees, regardless of which party prevails in the arbitration. No arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitrations or otherwise. Information may be obtained and claims may be filed with the AAA at www.adr.org or 1633 Broadway, 10th Floor, New York , NY 10019.
15.5 Miscellaneous. This Agreement constitutes the entire understanding and agreement between you and Plastic Jungle regarding your use of the Site. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Plastic Jungle, which we can refuse in our sole discretion. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such provision. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision.
15.6 Contact Us. If you have any questions about this Agreement, please contact us at customerservice@plasticjungle.com or 1-877-MY-JUNGLE.
Plastic Jungle, Inc.
Suite 450
2491 Alluvial Avenue
Clovis , CA 93611
