Private Label Gift List Terms of Use

Last Updated October 23, 2017

Honeyfund.com, Inc.'s goal is to provide the #1 Private Label cash gift gift list service. This Private Label Gift List Programme exists for the purpose of allowing users to provide a personal wedding gift gift list to engaged and newly married couples. Any use outside of this purpose is prohibited.

These terms of use apply exclusively to your access and use of the Honeyfund.co.uk Private Label Gift List Programme, and any parts or sections of the Honeyfund.co.uk website including, but not limited to, Honeyfund.co.uk web content, member-personalised Private Label Gift List information, member profile information, photos, and graphics (hereinafter referred to as the "Site").

If you do not agree with any of these terms, do not access or otherwise use the Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

You understand and agree that the Site is provided "AS-IS" and that Honeyfund.com, Inc. assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor does Honeyfund.com, Inc. assume any liability for the failure to store or maintain any user communications or personal settings.

This Honeyfund.co.uk Private Label Gift List Terms of Use (Agreement) describes the entire terms and conditions for participation in the Honeyfund.co.uk Private Label Gift List Programme. The Private Label Gift List Programme is operated by Honeyfund.com, Inc. In this Agreement, the term Private Label Gift List Partner refers to you and "sponsoring Web site" refers to the Web site from which you will link to Honeyfund.co.uk. Wherever the Agreement refers to "you" or "your" it means the Private Label Gift List Partner, and "we" or "our" refer to Honeyfund.com, and our Web site refers to the Honeyfund.co.uk web site.

1. Acceptance of this Agreement. Authority and Accuracy. Using your Private Label Gift List account is equivalent to you or your authorized agent actually signing this Agreement, which acceptance shows your intent to be bound by the terms and conditions of this Agreement. By accepting this Agreement, you represent and warrant you have the necessary and full rights, power, authority, and capabilities to enter into this Agreement and to perform its obligations here under; and the acceptance and performance of your obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state, and local law or regulation. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to update any information provided to Honeyfund.com, Inc. to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Honeyfund.com, Inc. to suspend or terminate your account and refuse you service in the future. You must be 18 years of age or older to use the Site.

2. Third Party Payment Services. Honeyfund.com, Inc. provides links to third party payment services, such as PayPal.com, which permit gift givers to send funds to couples (or couple's representative) registered with Honeyfund.com, Inc. You acknowledge that while Honeyfund.com, Inc. provides links to these third party payment services, Honeyfund.com, Inc. does not control and is not responsible for payments made or received through these services. Any use of third party payment services by you or your clients will be subject to the terms and conditions of such third party payment services, and at your own risk. Private Label partners acknowledge that payments are submitted directly to the registered couple or couple's representative (via third party payment service or any other payment method) and therefore Honeyfund.com, Inc. cannot be responsible for lost payments, identity theft, fraud or refunds.

3. Use of Copyrighted Materials/Trademarks. Any materials on the Honeyfund.co.uk Web site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other material or works of authorship (the "Materials") are copyrighted material owned by or licensed to Honeyfund.com, Inc. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Honeyfund.com, Inc. and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.

As a Private Label Gift List user, you are allowed to place on the sponsoring Web site a hyperlink to our Web site, either in text or with one of our pre-approved banners or logos provided by us. We will not be responsible if you use another party's copyrighted material in violation of the law. Between us and you, the following will apply:

a. Limited Non-Exclusive License. We shall retain all rights, titles, and interests (local and worldwide) in and to our respective trademarks, service marks, and trade names ("Intellectual Property") subject to a limited non-exclusive, non-transferable license necessary to perform this Agreement. We grant to you a royalty-free, non-exclusive, non-transferable license, during the term of this Agreement, to include our Intellectual Property solely in connection with a hyperlink to our Web site.

b. No Alteration of Intellectual Property. You shall use our Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, nor shall you act or permit action in any way that would impair our rights in our Intellectual Property. You acknowledge that your use of our Intellectual Property shall not create any right, title, or interest in our Intellectual Property. We shall have the right to monitor the quality of your use of our Intellectual Property. Any references to our Intellectual Property shall contain the appropriate trademark, copyright, or other legal notice provided from time to time by us.

c. Notices and Goodwill. You may neither alter nor remove any proprietary notices from our Intellectual Property. Any goodwill accruing from the use of our Intellectual property shall inure to us.

Reservation of Rights. We expressly reserve all Intellectual Property rights not granted to you herein.

4. Links to Third Party Websites. The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Honeyfund.com, Inc. If you use these links, you may leave the Site. Honeyfund.com, Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Honeyfund.com, Inc. does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

5. Anti-Spamming Policy. Honeyfund.co.uk in no way participates in mass unsolicited emailings (i.e. spamming), and all Private Label Gift List partners are expected to adhere to this policy. Violation of this policy will result in the termination of this contract and immediate dismissal from the Honeyfund.co.uk Private Label Gift List programme.

You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind and the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service.

Please contact our Private Label Gift List Team if you would like to work out special or customized Private Label Gift List programme agreement involving the use of permission based e-mail marketing.

6. Password Restricted Areas of the Site. Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Honeyfund.com, Inc. if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Honeyfund.com, Inc. of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.

7. Submissions. You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to the Site, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality and copyright. You acknowledge that you are responsible for any and all model releases.

Honeyfund.com, Inc. does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Site; however, you hereby grant Honeyfund.com, Inc. a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, and publicly display such content in connection with Honeyfund.com, Inc.'s business. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site, may be viewed by the public.

8. Notification of Claims of Infringement. Honeyfund.com, Inc. respects the intellectual property of others, and we ask our users to do the same. Honeyfund.com, Inc. may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at help [at] honeyfund.com and provide Honeyfund.com, Inc.'s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  4. your address, telephone number, and e-mail address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Honeyfund.com, Inc.'s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

9. Prohibited Content. Online behavior requires common sense and basic etiquette. We reserve the right to immediately terminate this Agreement, and you agree to remove all of our Intellectual Property and references to our Web site and to sever all hyperlinks to our Web site, if any of the following rules are violated on the sponsoring Web site:

  • No strong, vulgar, obscene, violent or otherwise harmful language.
  • No racially, ethnically or otherwise, objectionable language.
  • No libelous, defamatory, or otherwise tortious language.
  • No sexually explicit material.
  • No impersonating any person, including, but not limited to, other community members or employees of Honeyfund.com, Inc.
  • No posting, distributing, transmitting, or promoting illegal content or activities.
  • No invasion of another's privacy.
  • No actions that are harmful to minors.
  • No manipulation or forging of identifiers in order to disguise the origin of any information posted on the Honeyfund.co.uk website or otherwise provided to Honeyfund.com, Inc. or its employees.
  • No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
  • No posting, providing, transmitting, or otherwise making available any junk mail or spam.
  • No posting, uploading, e-mailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
  • No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
  • No collecting, storing, or posting of personal data about or of other Honeyfund.com, Inc. members.
  • No soliciting of any kind, especially no spamming of Honeyfund.co.uk members.

Whether the sponsoring Web site includes or engages in any of the above listed prohibited contents or activities shall be determined in our sole judgment, without regard to any legal standard.

10. Changes to the Site. Honeyfund.com, Inc. reserves the right from time to time to make modifications and changes to the Site. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through Honeyfund.com, Inc. (or any part thereof) with or without notice. You agree that Honeyfund.com, Inc. shall not be liable to you or to any other party for any changes and modifications to the Site.

11. Modifications to this Agreement. We reserve the right to change any of the terms and conditions in this Agreement, at any time and at our sole discretion by posting a notice on our Web site. Such new terms and conditions will take effect at the time of posting. You may not change or modify this Agreement.

12. Termination.
a. Cancellation and Notice. Either party, acting in its sole discretion, may choose to cancel this Agreement at any time by written notice of cancellation to the other, which notice may be sent by e-mail. Such cancellation will be effective 3 days after notice to the other party has been sent unless the Agreement is terminated by us for your violation of Section 1, Acceptance of this Agreement, or Section 9, Prohibited Content, above, in which case termination will be effective immediately upon notice being sent to you.

b. Removal of Intellectual Property and Hyperlinks. Upon the termination of this Agreement, for any reason, you agree to remove all of our Intellectual Property and references to our Web site and to sever all hyperlinks to our Web site.

13. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HONEYFUND.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HONEYFUND.COM, INC. MAKES NO WARRANTY THAT: (i) THE SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HONEYFUND.COM, INC. OR FROM ANY SERVICE PROVIDED ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

14. Limitation of Liability. Honeyfund.com, Inc. shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will Honeyfund.com, Inc. be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Honeyfund.com, Inc. has been advised of the possibility of such damages. In no event will the total, cumulative liability of Honeyfund.com, Inc. damages under this Agreement exceed one hundred dollars ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Indemnity. You agree to indemnify, defend and hold harmless Honeyfund.com, Inc., its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site, or by your use of the Site, or by your violation of Honeyfund.com, Inc.'s Terms of Use, or your violation of the rights of another.

16. Independent Contractors.You and Honeyfund.co.uk are independent contractors with each other, and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

17. Assignment. You shall not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns.

18. Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants, or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights, or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

19. Choice of Law. This agreement shall be governed by and construed in accordance with the laws of the state of Florida, USA, without regard to conflicts of laws provisions. For any and all actions that are allowed by this agreement or by the applicable rules of arbitration to be brought in a court, the parties hereby irrevocably submit to the personal and exclusive jurisdiction of the courts located within the county of Pinellas, Florida, and hereby agree that any such court shall be a proper forum for the determination of any dispute arising under this agreement.

20. Dispute Resolution. It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of before a court with a judge or jury or through a class action.

a. Time Limitation to Bring Claims and Disputes. You agree that any claim or dispute arising out of or relating to this agreement must be brought within one year after the date the basis for the claim or dispute first arises. This time limitation apples to all matters submitted to court or arbitration, except this time limitation does not apply to your violation of section 3. Use of Copyrighted Materials/Trademarks, and the time limitation for which shall be governed by the law applicable to the violation of those rights.

b. No Joiner Allowed. No dispute may be joined with another lawsuit or joined in arbitration with a dispute of any other person or resolved on a class-wide basis. You waive any claims for an award of damages that are excluded under this agreement.

c. Duty to Attempt to Resolve Disputes. Before a party takes a dispute to arbitration or to small claims court, that party must first write to the other party and give the other party an opportunity to resolve the dispute. If the dispute cannot be satisfactorily resolved within sixty days from the date the other party is notified by the other of a dispute, then either party may, as allowed by this Agreement, initiate the arbitration process in the County of Pinellas, Florida by contacting the Pinellas County ADR programme at http://www.jud6.org/ContactInformation/AlternativeDisputeResolution.html.

d. Exceptions to Informal Dispute Resolution and Arbitration. The requirement of attempting to informally resolve the matter will not apply if: (i) the expiration of the statute of limitations for a cause of action is imminent; or (ii) injunctive or other equitable relief is necessarily to enjoin an ongoing injury or to mitigate damages. Further, the requirement that matters be submitted to arbitration shall not prohibit a party from seeking injunctive relief pending arbitration.

21. Entire agreement. This Agreement constitutes the entire agreement between us and you with respect to the Private Label Gift List Programme. Note: Your customers' use of the Honeyfund.co.uk service is governed by Honeyfund.co.uk's Terms of Use at www.honeyfund.co.uk/Terms

22. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the provision, and the remainder of this Agreement shall continue in full force and effect.

23. Headings. The headings of the sections and their subsections contained in this Agreement are for the convenience of the reader only and do not modify the provisions of this Agreement.

If you have questions or concerns regarding these Private Label Gift List Terms of Use, you should contact Honeyfund.com, Inc. by e-mailing help [at] honeyfund.com and writing "PLR Terms of Use" in the subject line. You may also write to Honeyfund.com, Inc. at 2605 Enterprise Rd E, Ste 320, Clearwater, FL 33759.


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