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POZVAT: TERMS OF SERVICE

Effective as of March 1st, 2016.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

"You" and "Your" "Guest" refers to you, the person accessing this website and accepting the Company’s terms and conditions.

"POZVAT", "Company", "Service", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

"Event Host(s)" refers to the person(s) who are hosting an event.

"Gift" refers to an item or fund that an Event Host(s) adds to the POZVAT Group Funded Gifting.

"Monetary contribution" refers to the money contributed by a Guest towards a Gift. Therefore a monetary contribution is considered a Gift and is non-refundable.

Welcome to the POZVAT service (the "Service"). The following Terms of Use apply when you view or use the Service via accessing www.pozvat.com or by accessing the Service on your mobile device. By using our Service, regardless of how you access it, by computer, or through a mobile phone or other wireless or Internet enabled device (each a "Device") or otherwise, you agree to the following terms and conditions (the "Terms of Service"). Please review the following terms carefully.

By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

ELIGIBILITY

Use of the Service is void where prohibited. By using this Service, you represent and warrant that are at least 18 YEARS OF AGE, and that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all its terms and conditions.

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

PRIVACY POLICY

This Privacy Policy applies only to information that you provide to us using this web site (the "Site"). By using or accessing the Site, and/or by registering with the Site, you agree to the terms of this PrivacyPolicy. Your use of the Site also constitutes your agreement to the Terms of Use.

We reserve the right to revise this Privacy Policy at any time with or without notice. Any change, update or modification made will be effective immediately. Your continued access of the Site after we post any changes or revisions constitutes your acceptance of any changes or revisions to the Privacy Policy.

Collection of Information:
The Site collects "automatic information" and "personally identifiable information." "Automatic information" is information automatically collected by our web server that your web or mobile browser makes available whenever you visit the Site, such as the IP address of your device, your operating system version and browser type, the duration of your visit, and other standard tracking data used to evaluate site traffic and usage patterns. The Site may also include tracking code in marketing e-mail messages or newsletters to determine standard metrics such as open and click rates.

The Site also collects "personally identifiable information" users may provide directly to the Site such as name, email, address, etc. The Site also collects personally identifiable data related to online activity such as visited pages, general usage, user preferences, and settings.

Use of Information:
The Site may use information collected for various purposes ranging from sales and marketing communication to trend analysis and personalization.

The Site does not sell or share personal information with third parties for direct marketing purposes. The Site may share aggregate information with affiliates and key partners, including sponsors and advertisers. The Site requires all such third parties to follow appropriate privacy policies consistent with this Privacy Policy, and will not authorize them to use this information except for the express purpose for which it is provided. The Site does not bear any responsibility for any actions or policies of third parties.

Questions:
If you have any questions about this Privacy Policy, please contact us at partyexperts@pozvat.com

ABOUT THE SERVICE

The Service allows you to access features, including but not limited to:

  • Send and receive invitations & thank you cards
  • Create a registry or wishlist using the Group Funded Gifting
  • Send and receive monetary contributions
  • Send messages and/or post comments
  • GROUP FUNDED GIFTING TERMS OF USE

    Event Host(s) may request monetary contributions from Guests towards Gifts that have been added to the Group Funded Gifting. POZVAT does not purchase the Gift. POZVAT cannot guarantee the Gift requested will be purchased by the Host(s). POZVAT is not responsible for Gifts that are misleading, offensive, falsely advertised, priced incorrectly and/or in poor taste. Host(s) may edit the Gift description at any time. A Gift which has received a monetary contribution toward it can not be deleted, but the description may be edited.

    Monetary contributions are non-refundable. All monetary contributions remain solely with the event Host(s). If an event is canceled, all monetary contributions remain solely with the event Host(s) and are non-refundable. POZVAT will not be responsible for any liabilities, losses, or damages arising from a dispute between the event Host(s) and Guest(s).

    SENDING AND RECEIVING MONEY

    POZVAT uses WePay to process the gift contributions and you must meet the WePay eligibility requirements to withdraw the contributions. To withdraw the contributions the recipient must the contributions must:

  • Be a US citizen at least 18 years of age
  • Provide a valid US Social Security Number (SSN)
  • Have a US mailing address, phone number, and bank account
  • POZVAT uses WePay payment processor to process payments online. Any payment disputes that may arise must be done directly through WePay. POZVAT is not liable and/or responsible for any disputes between the Event Host(s) and third parties including but not limited to; WePay and/or Guest(s). Disputes involving sending or receiving monetary contributions must be done with WePay directly. POZVAT will not be responsible for any liabilities, losses, or damages arising out of the dispute outcomes. If an event is canceled all monetary contributions remain solely with the Event Host(s).

    POZVAT will not request or store sensitive data such as Event Host(s) banking information and/or passwords for your WePay accounts. Event Host(s) will securely provide such information only when prompted by their secure WePay account. When you access or use the Service, you signify your agreement to the Terms of Service for WePay. For additional WePay support, or to file a dispute contact WePay at support@wepay.com.

    REGISTRATION: RULES OF USER CONDUCT AND USE OF SERVICE

    You need to be at least 18 years old and a resident of the United States to register for and use the Service. If you sign up for the Service, you will create a personalized account which includes a unique username, zip code and a password to access the Service and and features from POZVAT. You agree to notify POZVAT immediately of any unauthorized use of your password and/or account. POZVAT will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

    Use restrictions: Your permission to use POZVAT is conditioned upon the following Use Restrictions and Conduct Restrictions:

    You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of fraudulent and/or illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
  • POSTING CONTENT AND CONDUCT RESTRICTIONS

    When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. POZVAT is not liable and/or responsible for User Content. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

    The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false, defamatory, inaccurate or deemed obscene or offensive.
  • You will not submit content that is copyrighted, trademarked, patented or subject to third party proprietary rights, including privacy, publicity, trade secret, photography, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
  • You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content, including content that is copyrighted, trademarked, patented or subject to third party proprietary rights, including privacy, publicity, trade secret, photography, etc., that you make available or access through your use of POZVAT is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

    ONLINE SERVICE DISCLAIMER

    Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by POZVAT, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. POZVAT does not guarantee the accuracy, completeness, or usefulness of any information on the

    Service and neither does POZVAT adopt nor endorse, nor is POZVAT responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the POZVAT. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will POZVAT be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

    Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. POZVAT reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Emails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. POZVAT shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any federal and state laws or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us partyexperts@pozvat.com

    COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

    (a) Termination of Repeat Infringer Accounts. POZVAT respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, POZVAT has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. POZVAT may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. (b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Company’s designated copyright agent at partyexperts@pozvat.com:

    1. The date of your notification;

    2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

    5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

    6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    LICENSE GRANT

    By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

    INTELLECTUAL PROPERTY

    You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

    EMAIL MAY NOT BE USED TO PROVIDE LEGAL NOTICE

    Communications made through the Service’s email and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

    USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

    For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

    We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to partyexperts@pozvat.com. Opting out may prevent you from receiving messages regarding the Company or special offers.

    WARRANTY DISCLAIMER

    THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

    LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POZVAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

    If you have a dispute with one or more users, using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    MODIFICATION OF TERMS OF SERVICE

    We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

    Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

    GENERAL TERMS

    If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

    You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

    These Terms of Service and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California without regard to conflict of law provisions. By agreeing to POZVAT’s Terms of Service, you agree that any dispute or claim arising from or relating to the Terms of Service shall be settled solely by arbitration. You also agree to waive your right to a jury trial and participation in a class action suit.

    The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

    YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.