TERMS AND CONDITIONS
General Terms and Conditions
Upresent.com operating as eCardGiftNotice.com and hereafter used interchangeably, provides electronic gift notice services on a hosted basis to retail clients and as a destination gift services site for consumers to create expressive, personal gift notices and gift messaging. We have various plans and levels of service for retailers that allow various degrees of shared marketing, affiliate linking, use, branding and opt-in opportunities. If you are a retailer, please see the details of your specific plan for pricing, usage and for details of joint marketing banner spots, promotion and opt-in specifics, or refer to our Retailers’ Area.
We have no involvement in, nor can we take any responsibility for the actual physical delivery of a gift purchased, cancellation of the same or other issues surrounding the gift purchase from a retailer using our gift messaging services or a consumer using our services for any gift purchase. We also provide the service “as available” and take no responsibility for misunderstandings or consumer issues with failed physical delivery from our clients’ or affiliates. Particularly due to the “non-transactional critical” nature of our service to the completion of an order and due to the technical limitations of the internet, equipment and vendors, our e-mail gift notices are provided on an “as available” basis. It is the responsibility of the gift purchaser (Sender) to determine what manner of physical delivery is chosen during the purchasing process at the retail site (ground, overnight, etc.) and the retailer to provide the expected physical completion of any order associated with the Upresent.com services.
If any indication of when the gift notice recipient should expect the physical delivery of the gift, the Sender must add this to the message. Any change in shipping availability or backorder notification would likely be sent to the gift purchaser only and has no direct relationship to the gift services provided by Upresent.com and is not linked in anyway to cause cancellation. Further, once a gift notice has been sent, if is the nature of email that it cannot be retracted. Each retailer has their own standard procedures and policies regarding these issues. As a courtesy, the Sender may want to e-mail the recipient of any change in the expected delivery or any product change in the event of any change in the gift being sent so the recipient will not be confused by a change from what they were shown in the gift notice.
In any gift notices where an image or URL link to an image is inserted into our service by the user, or a photo or webcam recording is added by the gift notice creator or the retail client passes images, to us they warrant and represent that the image or image provided via the URL path to the image, is either owned by the provider of such image or recording, or that they have permission to use such images stated, or have reasonable implied rights to such by having purchased the gift from the retailer where the item was purchased or taken the photo themselves. Further, the user agrees that any image uploaded or webcam recorded, or message written is appropriate and clearly created to convey appropriate gift messaging, not be pornographic or graphic in any objectionable way, or violating any local, state or national laws. The user also agrees to indemnify Upresent.com should images be used that the sender does not own resulting in damages to the actual owner of referenced images. Should any retailer object to their customers using images from their sites where gifts were purchased, eCardGiftNotice will make all reasonable efforts to make that objection honored by our customers.
We cannot take any responsibility for technical difficulties or failures from our vendors or internally that may inadvertently result in an eCardGiftNotice or eCard being lost, undeliverable, not being completed or being delayed.
Termination of Services by Upresent:
Upresent may terminate services by deactivating the links enabling the service to a retail client if an account is not paid within terms, is paid with a fraudulent credit card or a check that bounces, and continues unpaid for up to 48 hours past e-mail notification to that effect.
Upresent may terminate services at its sole discretion instantly should it find a site is providing offensive content, illegal activities or misrepresenting the Upresent services provided on its site.
Upresent makes all efforts to assure that we partner and offer our eCardGiftNotice capabilities with retailers who are reliable regarding delivery and stocking merchandise offered for sale. We reserve the right to terminate any client relationship with 30 days notice for any reason, and may do so for poor delivery performance or quality if it deems appropriate. We have no control over or ability to influence the actual physical gift delivery and consistent failure of our retail client affiliates reflects poorly on our service and service mark.
Termination of Services by Client / Affiliate
The client / affiliate may terminate the Basic Services provided directly from this site with 30 days notice for any reason. This notice must be made in writing via e-mail or via US Mail. Simply removing the link to the service from a site does not terminate services being provided from Upresent.com servers to that link and does not release the client / affiliate from liability for charges for those services. Any set-up charges to create the account are not refundable, only usage for services paid in advance beyond the termination date will be refunded (subject to the laws of the state of client / affiliate residence)
Opt-in Registration Information
When a sender or recipient of an eCardGiftNotice chooses to opt-in to the eCardGiftNotice site they may choose whether to receive e-mail messages from us in the future and may opt-out at anytime. eMails or user information will not be sold or otherwise provided to third parties except as needed to execute our services or as information in aggregate only. The types of messages we may send include, new gift offerings, holiday gifting reminders, or retail affiliate offerings, expanded gift notice options, updates regarding our site’s services and special offers from our client / affiliates.
When a retailer’s customers send one of our Gift Notices, the information they provide is used to personalize the presentation with the recipient’s name and with their message, and to deliver an email notification to the recipient. We treat our emailed gift messages and the content created as private correspondence between sender and recipient and will not disclose the contents of any gift notice. (SEE PRIVACY STATEMENT) However, if a consumer provides a false email address or attempts to pose as someone else when sending a gift notice, or violates our policy for content, their delivery is subject to cancellation, and information about the consumer — including your computer’s IP address may be disclosed as part of an investigation into their actions.
No e-mails of recipients or senders will be provided to client affiliates unless they have specifically opted into that client / affiliate’s opt-in invitation within the eCardGiftNotice gift services.
We do not solicit information from children and request that users of our service not be under the age of 13. Any sweepstakes drawings or prizes, when used in our services, are limited to senders and recipients over the age of 18. Any person identifying themselves as a minor will not be allowed to register at eCardGiftNotice.com or if we receive written notice that a person is under 13 years old, we will close that member’s account.
Sponsors and Business Partners
Our Banner Ad sponsors in Go Shopping or within our gifting service may offer people linking to their sites the opportunity to sign up for their services or information, such as newsletters or promotions. In these instances, Upresent.com is not responsible for personal information provided to these sponsors or how it is to be used.
I agree that I have read the terms of service for my specific plan and understand the terms of service above before proceeding to complete the sign-up process.
Gift Notice Sender’s privacy and their Recipients’ privacy matters to us. When a gift notice is sent via our e-mailed gift notice services or a Sender or Recipient joins eCardGiftNotice by opting-in, they provide their e-mail contact information and that of their intended recipient. They may also choose to enter reminder dates or create address books for ease in sending gift notices and for us to track their history of gift notices sent and the gift information sent with them. We provide, or may provide in the future all of these options as a service to our users and do not share this information or sell e-mail addresses or their personal information. By requesting us to send an e-mailed gift notice, this is authorizing us only to send emails critical to the success and satisfaction related to that request. eCardGiftNotice users are always entitled to change their personal information in their profile or to “opt out” of earlier requested mailings or to cancel their eCardGiftNotice account at anytime.