Terms & Conditions
Welcome to Sendthanks.com! Sendthanks.com provides its services to you subject to the following conditions. These Terms of Service (TOS) apply to both SendThanks.com and our Mobile Application (App) services and govern your access to and use of the Services, any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services ( collectively referred to as Content ). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you visit Sendthanks.com or download, install and/or use the SendThanks App, you accept and agree to be bound by all the conditions summarized below. Please read them carefully.
You are responsible for your use of Sendthanks.com, for any content you post to the Services, and for any consequences thereof. The Content you submit, post or display will be able to be viewed by other users of Sendthanks.com and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Sendthanks.com and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Sendthanks.com provides are always evolving and the form and nature of the Services that Sendthanks.com provides may change from time to time without prior notice to you. In addition, Sendthanks.com may stop ( permanently or temporarily ) providing the Services ( or any features within the Services ) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Sendthanks.com on the Services are subject to change. In consideration for Sendthanks.com granting you access to and use of the Services, you agree that Sendthanks.com and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Please review our Privacy Notice, which governs your visit to Sendthanks.com, to understand our practices.
Content on Sendthanks.com
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may or may not monitor or control the Content posted via Sendthanks.com and, we cannot take responsibility for such Content. Any use or reliance on any content or materials posted via Sendthanks.com or obtained by you through Sendthanks.com is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Sendthanks.com or endorse any opinions expressed via Sendthanks.com. Visitors to Sendthanks.com may submit a thank you with Content, visual materials or other information, so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content. Sendthanks.com reserves the right ( but not the obligation ) to remove such Content.
If you do post Content or submit material, including emails sent to official email addresses of Sendthanks.com, its agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant Sendthanks.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media or distribution methods ( now known or later developed ). You grant Sendthanks.com and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless Sendthanks.com or its affiliates for all claims resulting from Content you supply, or from your use of the Sendthanks.com Services. Sendthanks.com has the right but not the obligation to monitor and edit or remove any activity or Content. Sendthanks.com takes no responsibility and assumes no liability for any Content posted by you or any third party.
When you visit Sendthanks.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All right, title, and interest in and to the Services ( excluding Content provided by users ) are and will remain the exclusive property of Sendthanks.com and its licensors. The Services are protected by copyright, trademark, and/or other laws of both the United States and foreign countries. Nothing in the Terms gives you the right to use the Sendthanks.com name or any of the Sendthanks.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments or suggestions you may provide regarding Sendthanks.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times ( but will not have an obligation ) to remove or refuse to distribute any Content on the Services and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to ( i ) satisfy any applicable law, regulation, legal process or governmental request, ( ii ) enforce the Terms, including investigation of potential violations hereof, ( iii ) detect, prevent, or otherwise address fraud, security or technical issues, ( iv ) respond to user support requests, or ( v ) protect the rights, property or safety of Sendthanks.com, its users and the public.
You may not do any of the following while accessing or using the Services: ( i ) access, tamper with, or use non-public areas of the Services, Sendthanks.com’s computer systems, or the technical delivery systems of Sendthanks.com’s providers; ( ii ) probe, scan or test the vulnerability of any system or network or breech or circumvent any security or authentication measures; ( iii ) access or search or attempt to access or search the Services by any means ( automated or otherwise ) other than through our currently available, published interfaces that are provided by Sendthanks.com ( and only pursuant to those terms and conditions ); ( iv ) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or ( v ) interfere with or disrupt, ( or attempt to do so ), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
All Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sendthanks.com or its Content suppliers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of Sendthanks.com and is protected by U.S. and international copyright laws. All software used on this site is the property of Sendthanks.com or its software suppliers and is protected by United States and international copyright laws.
Sendthanks.com respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in any way that constitutes copyright infringement, please provide us with the following information: ( i ) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; ( ii ) identification of the copyrighted work claimed to have been infringed; ( iii ) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; ( iv ) your contact information, including your address, telephone number and an email address; ( v ) a statement by you 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 ( vi ) 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 copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
Sendthanks.com, and other website graphics, logos, page headers, button icons, scripts, and Service names are trademarks, registered trademarks or trade dress of Sendthanks.com or its affiliates in the U.S. and/or other countries. Sendthanks.com’s trademarks and trade dress may not be used in connection with any product or Service that is not Sendthanks.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sendthanks.com. All other trademarks not owned by Sendthanks.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sendthanks.com or its affiliates.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “ AS-IS” and “ AS AVAILABLE “ basis. Without limiting the foregoing, SENDTHANKS.COM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Sendthanks.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Sendthanks.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content or other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Sendthanks.com or through the Services, will create any warranty not expressly made herein.
External Links Disclaimer
Sendthanks.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: ( i ) the availability or accuracy of such websites or resources; or ( ii ) the Content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any approval of or endorsement by Sendthanks.com of such websites or resources or the Content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDTHANKS.COM AND ITS SUBSIDIARIES, AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: ( i ) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; ( ii ) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; ( iii ) ANY CONTENT OBTAINED FROM THE SERVICES; AND ( iv ) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT ( INCLUDING NEGLIGENCE ) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SENDTHANKS.COM 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 do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Sendthanks.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision, and it shall not imply any approval or endorsement of Content. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Connecticut without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New Haven county, Connecticut, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of the United States of America ( without reference to conflict of laws ) and, in the absence of federal law, and to the extent permitted under federal law, the laws of the State of Connecticut ( excluding choice of law ).