Terms, Conditions and Privacy of Use
Your continued use of JIFITI PRODUCTS following the posting of changes to these terms will mean you accept those changes.
All content of any kind on JIFITI PRODUCTS including the proprietary JIFITI PRODUCTS Software and Methodologies are protected by international and domestic laws, including copyright-intellectual property laws and treaties. JIFITI PRODUCTS.Com Inc. owns all right, title and interest to the JIFITI PRODUCTS Site, the application, the Software and the methodologies. The term “JIFITI PRODUCTS” is protected by trademarks, designs, copyrights and other rights (registered and unregistered) and may not be used by any person for any purpose whatsoever except under written permission from Jifi.Com Inc.
2. Title Not Transferred; License; Copying Not Permitted
The use of any JIFITI PRODUCTS do not transfer any title or ownership to the JIFITI PRODUCTS, Software and Methodologies. The JIFITI PRODUCTS, Software and Methodologies may not be used for any purpose other than as specifically provided by Jifiti.com, Inc. Use of JIFITI PRODUCTS as intended therein is permitted only under a strict, non-exclusive and limited license, revocable at any time as specifically provided in these Terms and Conditions of Use. Copying, distribution, modification, translation, sale, the creation of derivative works, decompilation, reverse engineering, disassembling or any attempt to do any of the above with respect to the JIFITI PRODUCTS, Software and Methodologies is not permitted. Jifiti.com, Inc. is and remains the sole owner of all right and title in and to the JIFITI PRODUCTS, application and any material on or related to JIFITI PRODUCTS or its operation, including without limitation all intellectual property rights, copyrights, patents, trademarks, designs, whether or not registered or registrable.
4. Prohibited Activities
By using JIFITI PRODUCTS, you agree to do so in accordance with all terms and conditions herein and on the JIFITI PRODUCTS, and not to do or attempt or plan to do any of the following, in any way: (a) interrupt, interfere, sabotage or damage the operation of JIFITI PRODUCTS; (b) violate any laws and/or third party rights in connection with JIFITI PRODUCTS or its use; (c) post false, misleading, defamatory, libelous, spam or unlawful content; (d) manipulate JIFITI PRODUCTS’s fee structure and/or billing process; (e) distribute viruses that may harm JIFITI PRODUCTS or its users; (f) use JIFITI PRODUCTS if you are not legally permitted to form legally binding contracts, or are temporarily or indefinitely suspended from using JIFITI PRODUCTS; (f) fail to deliver or accept any services or goods which you undertook to provide or acquire; (g) fail to make payment for services or goods purchased by you; (h) manipulate the price of any service or goods; (i) interfere with any other user's listings; (j) transfer any account on JIFITI PRODUCTS to another party without JIFITI PRODUCTS's consent; (k) collect information about users, including without limitation e-mail addresses, without consent; (l) any act which is not in accordance with the normal, intended use of JIFITI PRODUCTS, or which might in any way harm JIFITI PRODUCTS or its users.
5. No Warranty
THE JIFITI PRODUCTS SOFTWARE AND METHODOLOGIES AND ANY CONTENT ON JIFITI PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JIFITI.COM INC. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS GIVEN THAT THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES WILL MEET A USER'S REQUIREMENTS, THAT ACCESS OR OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IT IS SPECIFICALLY EMPHASIZED THAT NO WARRANTY IS GIVEN THAT THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES OR ANY LINKS (OR ANY SERVERS CONNECTED WITH THE ABOVE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JIFITI.COM INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES WILL NOT ADVERSELY AFFECT THE USE OF THE COMPUTER(S) ON WHICH THE SAME ARE ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON, INCLUDING WITHOUT LIMITATION, A REPRESENTATIVE OF JIFITI.COM INC. SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY AND/OR OTHER LEGAL RIGHTS MAY BE AVAILABLE IN VARIOUS JURISDICTIONS. JIFITI PRODUCTS MAY MAKE ANY ALTERATIONS TO THE JIFITI PRODUCTS SITE, THE DATA, PROGRAMS, SERVICES OR PRICES, AT ANY TIME WITHOUT NOTICE.
Once a gift has been purchased, the recipient may receive a virtual gift certificate that may be used in the store or the recipient may receive the ability to choose between that virtual gift certificate or virtual gift certificates of other brands. Virtual products are typically available within one business day (via virtual gift certificate) unless otherwise requested. The rules and guidelines governing these gift certificates are those as decided by the individual retailer and applicable laws. However, Jifiti.com, Inc. does not guarantee that the recipient will necessarily use the gift certificate to buy the specific item listed and purchased. Jifiti.com, Inc. is not liable if a recipient decides to use that gift certificate towards any other item in the store. Jifiti.com, Inc. does not guarantee that selected items in the wish lists will definitely be purchased/gifted. This is left to the sole discretion of the users whether or not they want to purchase and fulfill the gift request. Until the full amount for a particular item hasn’t been reached, the user will not be able to claim the specific gift. Alternatively, when and where possible, the recipient may select to have the gift shipped to a predetermined address. In this case, shipping charges will be calculated and charged to the purchaser. In the event that the gift is no longer available, has increased in price or cannot be shipped for any other reason, the recipient will receive a virtual gift certificate.
You may not return or cancel your virtual gift certificate after it is received.
Where a choice of gift certificates is immediately offered to the recipient, this choice will remain available for a 30 day period. After 30 days, for security purposes and stockout concerns, the gift will be replaced with General Store Credit. General Store Credit can be used to purchase any gift card or item available through the Jifiti facilitated experience at that exact price point including the full range of variable denomination gift cards. General Store Credit expires 90 days from issuance. Jifiti’s policy is to reactivate expired store credit on request submitted by the recipient.
Information Collection and Use - Jifiti.com, Inc. collects information from our users at several different points and is the sole owner of the information collected on the JIFITI PRODUCTS. In order to use the JIFITI PRODUCTS, a user must first complete the registration form. During registration a user is required to give contact information (such as name and email address). We use this information to contact the user about services for which he has expressed interest. It is also required for the user to give unique identifiers so we can provide a more personalized experience, and access to specific product information and reports. In addition we request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address. This information is used to fill customer's orders. If we have trouble processing an order, the information is used to contact the user. Information Use - We may store information that we collect through cookies, log files, clear gifs and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile may be used to tailor a user's visit to our Web site, and to direct pertinent marketing promotions to them. Like most standard Web site servers we use log files. This may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.
California Do Not Track Disclosure
Jifiti.com, Inc. may track its customers over time and across third party websites to provide targeted advertising and does not respond to Do Not Track (DNT) signals.
In addition, some third party services on the website may keep track of your browsing activities.
Communications from the Site
We send all new members a welcoming email to verify password and username. Established members may occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. We may share aggregated demographic information with our partners and advertisers for the purpose of improving services and products. We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. In the event Jifiti.com, Inc. goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information may, in most instances, will be part of the assets transferred. Users may be notified prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information may be used in a manner different from that stated at the time of collection they may be given choice consistent with our notification of changes section.
JIFITI PRODUCTS contains links to other sites. Please be aware that we, Jifiti.com, Inc. are not responsible for the privacy practices of such other third parties. We encourage our users to be aware when they leave our JIFITI PRODUCTS and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by JIFITI PRODUCTS.
Surveys & Contests
From time-to-time JIFITI PRODUCTS may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information may be used to notify the winners and award prizes. Survey information may be used for purposes of monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes.
JIFITI PRODUCTS take every precaution to protect user information. When users submit sensitive information via JIFITI PROCUTS, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected.
Supplementation of Information
In order for JIFITI PRODUCTS to properly fulfill its obligation to users it may be necessary for us to supplement the information we receive with information from 3rd party sources.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we may provide a way to correct, update or delete/deactivate users' personally identifiable information.
Notification of Changes
8. Retailers and Third-Parties
JIFITI PRODUCTS allows users to control the way that their posts appear including, but not limited to, prices, pictures, sizes, location. The user creating the lists and adding items to the list is solely responsible for the accuracy of information on the posting of that list. In the event of any discrepancies, the retailer and/or Jifiti will be the deciding authority. The controlling price of the items posted, including misquotations or price fluctuations, shall be that as determined by the retailer at the time of fulfillment. Pictures of items may differ from the actual product or its description. The user may have listed under the wrong store or at the wrong location an item. Items on the list may be out of stock at the time of actual redemption. Jifiti.com, Inc. is not responsible for verifying the accuracy of each posting. The JIFITI PRODUCTS, Software and Methodologies are in certain cases linked to and interface with the websites, software and methodologies of other parties, such as but not limited to retailers. Jifiti.Com Inc. has no responsibility whatsoever with regard to the same. Logos and trademarks shown on JIFITI PRODUCTS appear only to assist users and illustrate locations where JIFITI PRODUCTS may be used. The use of the logos that are trademarks or copyrighted work of other companies are never intended to suggest that JIFITI PRODUCTS owns the trademarks or that the owner of the logo is obligated to JIFITI PRODUCTS or its users. Users of the JIFITI PRODUCTS, Software or Methodologies must review the Terms and Conditions of Use (or similar title) of each of the relevant third-parties before making any transactions with or related to any of such third-parties.
As a user of the JIFITI PRODUCTS, Software or Methodologies you agree to indemnify, defend, and hold Jifiti.Com Inc., its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with an Indemnified Party in the defense of any claim. The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter, even if the same is subject to indemnification by you.
10. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JIFITI.COM INC. BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES EVEN IF JIFITI.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL JIFITI.COM INC.'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY TYPE EXCEED THE AMOUNT PAID FOR USE OF THE JIFITI PRODUCTS, SOFTWARE AND METHODOLOGIES, OR $50, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF A USER OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGY IS DISSATISFIED IN ANY WAY WITH ANY PORTION OF THE SAME, OR WITH THE PURCHASE OF PRODUCTS FROM A RETAILER AFFILIATED WITH THE JIFITI PRODUCTS, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, OR THERE IS ANY CONCERN THAT ANY USE OF THE SITE, SOFTWARE OR METHODOLOGY MAY CAUSE DAMAGE OF ANY TYPE, THEN THE USE OF THE SITE, SOFTWARE AND METHODOLOGY SHOULD IMMEDIATELY BE DISCONTINUED.
Jifiti.Com, Inc. reserves the right, in its sole discretion, to prevent or terminate any person's access to any or all of the JIFITI PRODUCTS, Software or Methodologies, the related services or any portion or any of the above at any time, without notice.
12. Use of Information
Jifiti.Com Inc. and the third-parties which are affiliated with JIFITI PRODUCTS may use information provided by JIFITI PRODUCTS users for marketing and other purposes to the extent permitted by law.
13. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of these terms shall be 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. Jifiti.Com Inc. and/or any retailer affiliated with the JIFITI PRODUCTS, Software or Methodologies may require that a dispute between any person and Jifiti.Com Inc. or such third-party shall be resolved by binding arbitration in the State of Delaware under the rules of the American Arbitration Association. Nothing herein shall prevent Jifiti.Com Inc. or any such third-party from taking legal action as it deems appropriate in its discretion against any person in any jurisdiction. This is the entire agreement between users and Jifiti.Com Inc. relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Annex - Open source license
This software uses the open source ZBar Barcode Reader library, version 1.2, which is available from http://zbar.sourceforge.net/iphone
This software uses the open source SFHFKeychainUtils library, which is available from https://github.com/ldandersen/scifihifi-iphone/tree/master/security
This software uses the open source NKBarcode library, which is available from http://code.google.com/p/cocoa-touch-barcodes/source/browse/trunk/CocoaTouchBarcodes/NKDBarcode.h?r=2
This software uses the open source iCarousel library, which is available from https://github.com/nicklockwood/icarousel
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.