These Terms and Conditions set forth the terms and conditions between Merchant and Gift Card Granny, LLC (“GCG”).
Promotional Materials; Merchant Content. Merchant shall submit to GCG certain content and marketing materials, including without limitation names, graphic, images, symbols, trademarks, service marks, logos, trade names and other content (collectively, the “Merchant Content”). Merchant hereby grants to GCG nonexclusive, worldwide, transferable, sublicensable licenses to display, use, perform, publish, copy, reproduce, transmit, distribute, and create derivative works of the Merchant Content as necessary or appropriate solely to promote the Merchant Content and the offer, purchase, and provision of Merchant’s products and/or services. Merchant acknowledges and agrees that Merchant is solely and exclusively responsible and liable for all Merchant Content. Notwithstanding the foregoing, GCG shall not be obligated to use any of the Merchant Content and in no event shall GCG be required to use any Merchant Content that violates any applicable law, rule, or regulation. In addition, GCG shall not be obligated and makes no representation, warranty, or covenant to generate any number of customers, visitors, sales, or other activity relating to Merchant or to this Agreement.
Information Disclosures and Consents.
Collection and Use of Merchant Information. Merchant consents to the use of Merchant information hereunder, including but not limited to the following: (i) posting Merchant name and Merchant Content on GCG’s website and app; (ii) accomplishing all aspects of providing GCG customers and visitors with the ability to purchase and receive, from and through Merchant, Merchant’s products and/or services; and (iii) as otherwise reasonably necessary or appropriate hereunder.
Processing. Merchant will process, in accordance with Merchant’s usual practices, all inquries and transactions for GCG customers and visitors interested in purchasing and receiving Merchant products and/or services. Merchant will be solely responsible for all aspects of Merchant-supplied gift card and similar product/services purchasing pages including, without limitation, delivery and related customer service. Merchant will be solely responsible for any and all fraud, theft, loss, misuse or mishandling of gift cards and/or similar products.
Release. Merchant hereby releases all claims by Merchant and its representatives and affiliates against GCG and any and all GCG affiliates and third party partners for and in connection with the offer, purchase, and/or provision of Merchant’s products or services.
Reservation of Rights. GCG reserves all of its rights, title and interests in and to GCG’s services and any other technology, copyrightable material or other intellectual property or other proprietary information, data or materials in connection with this Agreement (collectively, the “Intellectual Property”). Merchant acknowledges that no rights are granted to Merchant hereunder other than as expressly set forth herein. GCG acknowledges and agrees that Merchant retains all rights, title and interests in and to the Merchant Content supplied to GCG hereunder.
Representations and Warranties. Each party represents and warrants to the other that: (a) the performance of its obligations hereunder have been duly authorized by all necessary corporate actions; (b) neither the performance of any of its obligations hereunder, nor the consummation of any of the transactions contemplated hereby, will violate any agreement to which it is a party; (c) any and all individuals agreeing to these Terms and Conditions are fully authorized to do so.
Suspension; Termination. GCG may, at any time and without prior notice, suspend, limit , or terminate Customer access to any Merchant Content or links. Merchant may, at any time and upon 30 days’ prior written email notice, request removal of any or all Merchant Content or links.