GIFTIDEAS.WS TERMS OF USE

Effective Date: These Terms of Use are effective as of July 01, 2010.

I. GENERAL

These Terms of Use, as well as all any other rules and restrictions set forth on this web site, apply to you when you view, access or otherwise use the web site located at www. giftideas.ws (the “Site”). The Site is owned by giftideas.ws Pty. Ltd. (“giftideas.ws”), for the purposes of these Terms of Use, the terms “we,” “us,” “our,” and “giftideas.ws,” refer to giftideas.ws Pty. Ltd. “You” refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

giftideas.ws reserves the right to change these Terms of Use at any time, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.

II. PRIVACY POLICY AND END USER LICENSE AGREEMENTS

In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. You agree that you have read, agreed to and understand giftideas.ws’s complete Privacy Policy.

In addition, the downloading and use of certain products and services available via the Site may be subject to additional terms and conditions set forth in an end user license agreement which you will be required to review and affirmatively accept prior to and as a condition of your downloading and use of the applicable product or service.

III. USE OF THE SITE AND SITE CONTENT

(a) License to Use the Site

We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided hereon (“Site Content”), provided that you comply fully with these Terms of Use and provided further that certain products and services available via the Site may be subject to different or additional terms and conditions as set forth in the end user license agreement applicable to such products and services which shall control and take precedence over these Terms of Use.

The Site and the Site Content is intended for non-commercial purposes only, and you may not copy, reproduce, distribute, display portions of or link to this Site or any Site Content contained hereon for commercial purposes without our prior express written consent. Further, you agree to use the Site and the Site Content only for lawful, personal and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright as a collective work under copyright laws, and is owned or controlled by, or licensed to, giftideas.ws or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED.

The giftideas.ws logo and all associated trademarks and logos used herein are trademarks of giftideas.ws. Other company and product names used herein are properties of their respective owners. All rights reserved.

(c) Trademarks

“giftideas.ws” and other marks, product names and company names appearing on the Site, are trademarks and service marks of giftideas.ws and/or their respective owners, and are protected by law. They may be used publicly only with permission from giftideas.ws. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(d) Accuracy of Information

giftideas.ws strives to provide accurate and complete information about its products and services, its business and its activities, and to provide updated information on the Site. However, giftideas.ws does not warrant that any information on the Site is complete or free from error.

Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content (as defined below) do not necessarily reflect the views of giftideas.ws, and we do not support or endorse any User Content posted by you or any other user.

(e) Links to Other Sites and/or Materials

Links may appear on the Site that are used to link to other site(s) which are not owned or operated by giftideas.ws (“Linked Sites”), including but not limited to the iTunes Store website, facebook and other social media sites. These links are provided solely as a courtesy to our Site visitors. giftideas.ws reserves the right to add, change, decline or remove any link at any time. giftideas.ws has no control over the Linked Sites or the materials, information, goods or services available on these Linked Sites.

IV. USER CONTENT

From time to time, giftideas.ws may provide you with the opportunity to post certain information, data, text, music, sounds, photographs, graphics, videos, messages or other materials including but not limited to comments on our products, facts, advice, “tips”, testimonials and opinions (collectively, “User Content”), in or otherwise using Public Communications Features (as defined in our Privacy Policy) available to you through the Site from time to time.

Subject to our Privacy Policy, all User Content that you post on the Site will be treated as non- confidential and non-proprietary to you and may be viewed by you and/or other users of the Site, and you hereby grant giftideas.ws the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, or post such User Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose. You agree that you are solely responsible for your User Content. You acknowledge and agree that User Content you view or post on the Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not screen, monitor, review, or edit the User Content posted by you and other users on the Site. However, we have the right (but not the obligation) at our sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in our judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate, or inaccurate.

V. PROHIBITED ACTIONS

Without limiting anything contained in Section IV, you agree that you will not: transmit any User Content that is unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; violate any applicable local, state, national, or international law; transmit any User Content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; use the Site for commercial purposes without our prior written consent; or solicit other guests of the Site to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.

VI. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND ARE PROVIDED “AS IS”, “AS-AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. giftideas.ws, ITS AFFILIATES, ITS LICENSORS, AND ALL PERSONS OR ENTITIES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, (COLLECTIVELY REFERRED TO AS “giftideas.ws” FOR THE PURPOSES OF SECTION VI) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE SITE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; PROVIDED THAT THIS SECTION VI SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

giftideas.ws SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF giftideas.ws HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES.

IN ALL CIRCUMSTANCES giftideas.ws’S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU TO giftideas.ws FOR ACCESS TO THIS SITE. giftideas.ws SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS WHICH EXCEED THIS LIABILITY LIMIT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, giftideas.ws’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING giftideas.ws’S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site, or its products or services, or breach of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

MISCELLANEOUS

Suggestions and Feedback

giftideas.ws welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to giftideas.ws, all of such feedback and comments shall be the sole and exclusive property of giftideas.ws, and giftideas.ws shall have the right to use such feedback in any manner and for any purpose in giftideas.ws’s discretion without remuneration, compensation or attribution to you, provided that giftideas.ws is under no obligation to use such feedback.

Interpretation and Entire Agreement

These terms and conditions, together with our Privacy Policy, form the complete and exclusive agreement between you and giftideas.ws, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and giftideas.ws relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.