Gively provides a Website and Services for use by Vendors. Vendors utilize this Website and these Services to allow you, the User, to place orders for the Vendor's own services in conjunction with the planning and/or execution of an event (e.g. a wedding). The Website and Services are paid for by the Vendor to Gively. Therefore, Gively's Website and Services, as they relate to you, the User, are only to provide a mechanism to pay for the Vendor's Services as the Vendor has defined them through Gively's Website and Services.
Gively and the Vendors utilizing Gively's Website and Services may, from time to time, include Third-Party Website links on pages you, the User, may view. These websites may include the Vendor's own website, or other websites not associated with Gively. Gively Websites are those websites identified with the following language: "this website is powered by Gively.com!" Gively does not check or verify any Third-Party Website links provided by Vendors. You may choose to navigate to these Third-Party Websites, but you do so at your own risk.
As discussed above, neither the Gively Website nor its Services are responsible for any financial transaction between you and Vendors who utilize the Gively Website and Services to offer Vendor services to you. For this reason THE GIVELY WEBSITE AND SERVICES AS THEY ARE ACCESSED BY YOU, THE USER, ARE PROVIDED "AS IS" AND AS AVAILABLE, AND GIVELY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU, THE USER, ACCESS THE GIVELY WEBSITE, SERVICES, AND ALL THIRD-PARTY LINKS AND CONTENT AT YOUR OWN DISCRETION AND RISK. GIVELY HAS NO OBLIGATION TO INDEMNIFY YOU, THE USER, OR DEFEND YOU AGAINST CLAIMS RELATED TO BREACH OF CONTRACT, TORT, STRICT PRODUCTS LIABILITY, OR ANY OTHER CAUSE OF ACTION. Gively does not represent that the Website or Service will perform without error or immaterial disruption.
Gively recognizes that not every event goes as planned. Without waiving its Disclaimers or Limitations on Liability, Gively is committed to helping resolve conflicts between you, the User, and the Vendors. While the financial transaction and rendering of services are beyond the scope of Gively's own Website and Services, Gively provides you, the User, with the contact information provided to Gively by the Vendor. Should any problem with the Vendor arise, you should contact the Vendor. This applies to any number of situations which include, but are not limited to: if a Vendor fails to provide the services for which you, the User, paid; if the Vendor fails to render its services to your satisfaction; if the event is cancelled; if the Vendor chooses to cancel its services prior to the event; or if the contract between you and the Vendor is otherwise breached.
Due to Gively's own relationships with its Vendors, you, the User, are encouraged to contact Gively in the event that something does go wrong between you and a Vendor. If you wish to submit a complaint, please include your name, your transaction number, and the nature of your complaint by email to:
Gively shall review your complaint and conduct an investigation into the matter, but reserves the right to not disclose to you the results of its review or investigation, or its course of action.
The following Terms and Conditions govern the Gively Member-Vendor Terms of Service Agreement.
If the Website and/or Service are unavailable for more than four (4) hours, without notice, and during the hours of 8:00am to 10:00pm Central Standard Time, such an event shall be considered a "Service Failure." Any downtime not within the aforementioned parameters shall not constitute a "Service Failure." Vendor must notify Provider promptly of a Service Failure. If a Service Failure lasts for more than four (4) hours in a 24 hour day, Vendor shall receive a credit of $0.50 paid into their PayPal account. The Vendor may receive a credit for each day of downtime, up to a maximum of 30 credits/month, or $9.95, whichever is lesser. The credit will be paid in one lump sum within 30 days after the downtime incident has ended.
AUP Governing Vendors:
Vendors may operate an account, post Content of any kind to the Website, or otherwise make, or allow any third party to make, Content available by means of the Website. Vendors are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, links, or computer software. By making Content available, Vendors represent and warrant that:
By submitting Content to Provider for inclusion on the Website, Vendor grants to Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If Vendor deletes or otherwise removes Content, Provider will use reasonable efforts to remove it from the Website. However, Vendor acknowledges that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Provider may, in its sole discretion, (i) refuse or remove any Content which Provider determines violates this Agreement, including all Policies incorporated herein or published through the Service or Website, or which is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website and/or Service to any individual or entity for any reason.
Violation of any term of this AUP and any and all incorporated policies constitutes a breach of this Agreement, for which Provider maintains the right to take any and all appropriate and reasonable actions up to and including the termination of Vendor's Account, denial of access to the Website and/or Service, removal of Content from the Website and/or Service, and any other remedies at law and equity available to Provider at the time of breach. Provider may, in its sole discretion, but shall bear no obligation to provide a refund of any fees paid prior to the termination of the Vendor's Account due to breach.
When removing material from the site, Provider will make reasonable attempts to inform the Vendor of the removal, the reason for the removal, and may provide the Vendor with a copy of the notice and the notifying party's contact information.
If a counter-notice is received by the Designated Agent, Provider may send a copy of the counter-notice to the original complaining party informing that person that Provider may replace the removed Content or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Vendor, the removed Content may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Provider's sole discretion.
Please contact Provider's Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Webster Park Digital LLC
Attn: Legal Department
4107 Landhigh Lakes Dr
Powell, OH 43065
Vendor agrees to indemnify and hold harmless Provider and its officers, directors, employees, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) Vendor's use of Provider's Service, (b) Vendor's use of Vendor's Account, (c) Vendor's use of any and all Content and Materials, or (d) Vendor's breach of any of these Terms.
IN NO EVENT: (a) WILL PROVIDER'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUBSCRIPTION FEES PAID BY VENDOR TO PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACCRUAL OF ANY CLAIM OR CAUSE OF ACTION; AND (b) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING COVER AND/OR SUBSTITUTE PRODUCT LOSSES, LOSSESS DUE TO INTERRUPTION OF SERVICE, LOSS OF USE, OR CORRUPTION OF DATA. THE LIABILITIES LIMITED BY THIS SECTION 7 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 7, Provider's liability will be limited to the maximum extent permissible.
Provider is not liable to return funds collected because of a Vendor's failure to cancel the recurring PayPal subscription.
The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
This Agreement does not establish any business organizational relationship between Provider and Vendor other than what is expressly stated herein. As such, this Agreement does not establish any joint-venture between the parties.
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
Neither party may assign this Agreement or any of its rights or obligations hereunder without the other's express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
This Agreement will be governed solely by the internal laws of the State of Texas without reference to such State's principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Harris County, Texas.
Except for Claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. VENDOR AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This Agreement evidences a transaction or website in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration shall take place in Harris County, Houston, Texas, in the English language and the arbitral decision may be enforced in any court. Unless Vendor or Provider agrees otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Provider on your behalf. The arbitration provision will survive termination of this Agreement.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
Gively.com ("Provider") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Provider will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Gively's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Provider may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Provider removes or disables access in response to such a notice, Provider will make a good-faith attempt to contact the allegedly infringing Vendor so that they may make a counter notification.
Your privacy is very important to us. Essentially:
If you have questions about deleting or correcting your personal data please contact our support team.
Webster Park Digital LLC ("Gively," "we," "us,") operates gively.com ("gively.com," "give.ly," "giv.ly," "the Website"). It is Gively's policy to respect your privacy regarding any information we may collect while operating our websites.
Gively collects two kinds of information: (1) information you provide us and (2) information we collect through technology. Certain visitors to Gively's websites choose to interact with Gively in ways that require Gively to gather personally-identifying information. The amount and type of information that Gively gathers depends on the nature of the interaction. For example, we ask vendors who sign up for an account at Gively.com to provide a username and email address. Those who engage in transactions with Gively – by placing an order with a member vendor, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Gively collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Gively. Gively does not disclose personally-identifying information other than as described below. And visitors may always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
In order to obtain access to certain services provided by Gively, you may be required to provide information about yourself. This information is called "personally identifying information." Personally identifying information includes such things as: your name, business name, physical address, email address, telephone number(s), website URL, email address associated with third-party accounts, usernames, and/or certain financial information. Your choice of whether to supply Gively with such information may limit your ability to access certain services associated with Gively and our affiliates.
Gively uses technology to passively collect information from you as you access our services. This information is called "non-personally identifying information." Like most website operators, the non-personally identifying information Gively collects is the sort that web browsers and servers typically make available. This information may include: your browser type, language preference, referring site, or the date and time you visited the Website.
We may collect your Internet Protocol address ("IP address"). Your IP address is often associated with the portal through which you enter the internet, sometimes giving location data and information about your Internet Service Provider. On its own, your IP address is not personally identifying information. However, we may combine this information with personally identifying information to get a better understanding of users of Gively services.
We may also use web beacons or pixel tags to track how you navigate through various part of the Website.
Gively's purpose in collecting non-personally identifying information is to better understand how Gively's visitors use its website in order to make the website work better for you, and to develop other products and services that you might find useful.
Gively's policy for disclosing such personally identifying information is discussed in detail below. Gively may release personally identifying information in one of two ways. First, Gively may ask permission to release personally identifying information from you. At such time, you may allow Gively to release your personally identifying information either through your own preferences on the Website or through express written consent. Second, from time to time Gively may bundle your personally identifying information with individuals' personally identifying information, aggregating your information with that of others. We may share this aggregated information with third-parties, but without any of the personally identifying characteristics—e.g., by publishing a report on trends in the usage of its website or statistics based on IP addresses or location data.
Gively may also collect statistics about the behavior of visitors to its websites. For instance, Gively may use aggregated statistics relating to sums and averages of orders placed or other vendor member or guest activity. Gively may display this information publicly or provide it to third-parties, but always does so in the aggregate and without the ability of third-parties or the public to access any individually identifying information.If you are a registered user of a Gively.com account and have supplied your email address, Gively may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Gively and our products. We primarily use our various websites to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
The security and confidentiality of your information is extremely important to us. We have implemented various security measures to protect both guest and account-holder information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please understand, however, that no security measures are perfect or impenetrable.
Gively discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractor, affiliated organizations and member vendors that (i) need to know that information in order to process it on Gively's behalf or to provide services available at Gively's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country. By using Gively's websites, you consent to the transfer of such information to them.
Gively will not rent or sell personally identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Gively discloses personally identifying information only in response to a subpoena, court order or other governmental request, or when Gively believes in good faith that disclosure is reasonably necessary to protect the property or rights of Gively, third parties or the public at large.
Gively takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of personally-identifying information.
If Gively, or substantially all of its assets, were acquired, or in the unlikely event that Gively goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Gively may continue to use your personal information as set forth in this policy.
Webster Park Digital LLC participates in several programs which may allow us to earn affiliate commissions from some services and products that we recommend on this site.
However, we don't endorse anything unless we've tried it, love it and believe it will add value to our readers.
(Stated in accordance with the Federal Trade Commission’s 16 CFR, Part 255.)
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