Last Updated on Aug. 21, 2017
Welcome! GMS is a phone app that makes gift giving easy by allowing users to create and share wishlists with family and friends. For instance, a user may take photos, paste links and write about gifts they would like to receive. The user can also choose who can see those lists, such as a husband limiting the viewing of a gift he wants to his wife. The app will also allow people to suggest gifts to other people which would then be vetted by the intended recipient. And a user can reserve a gift for someone else in which they check off a gift with the intention of buying it.
We may change or modify these Terms, or discontinue the Service, at any time and in our sole discretion. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your GMS account.
License and App Access
We grant you a limited license to access and make personal use of GMS. This license does not include the right to the following all of which are prohibited: (i) any resale or commercial use of our app or its contents; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of our app or its contents; or (iv) any use of data mining, robots, or similar data-gathering and extraction tools. The app or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. The Service is for your personal use only, accordingly you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.Any unauthorized use terminates the license granted by GMS. All rights not expressly granted herein are reserved by GMS. Your use of the App and Services is subject to all applicable local, state and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the App and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the App or Services on your mobile device or smartphone.
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
GMS shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or GMS terminates them as follows: (a) You discontinue using the Services; or (b) GMS may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
Registration, Use and Storage:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GMS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. GMS will not be liable for any loss or damage arising from your failure to comply with this Section. We may establish general practices and limits concerning use of the Service, such as limiting the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on GMS’s servers on your behalf. You agree that GMS has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that GMS reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that GMS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes features such as the ability to upload content to the Service via a mobile device, browse the Service and the Site from a mobile device, and access certain features through an application downloaded and installed on a mobile device. Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding GMS and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by GMS. GMS reserves the right to investigate and take appropriate legal action against anyone who, in GMS’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of GMS, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose GMS or its users to any harm or liability of any type. You may not (a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (b) violate any applicable local, state, national or international law, or any regulations having the force of law; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) solicit personal information from anyone under the age of 13 years; (e) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (f) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (g) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Copyright and Trademarks
All content included on our app, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of GMS and/or our merchants. The compilation of all content on our App is the exclusive property of GMS. All such content and the compilation thereof is protected by Canadian and international copyright laws. GMS is the trademark of GMS. All other trademarks not owned by GMS that appear on our app are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Disclaimer of Warranties and Limitation of Liability
THIS APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
Software available in connection with the Service and the transmission of applicable data, if any, is subject to U.S. export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.