Terms of Use

By accessing‚ using‚ opening an account with‚ or ordering or receiving gifts from the thnks.com website and by downloading, installing, using or accessing our mobile app, you agree to be bound by these Terms of Use (“Terms”). As used herein, the thnks.com website and our mobile app are collectively referred to as “the Site.”  These Terms include and incorporate by reference the Privacy Policy for the Site.

thnks reserves the right to make changes to the Site‚ our Privacy Policy and these Terms at any time. All changes are effective upon posting. If you are unwilling to be bound by these Terms‚ you should not access‚ use‚ open an account with‚ or purchase or accept gifts from the Site or download or use the mobile app.

Changes to the Site

The Site‚ including features available on or through the Site‚ may be modified by us‚ in our sole discretion‚ at any time without prior notice. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after you first access the Site shall be subject to these Terms.

Opening an Account

To open an account with thnks, you will be required to select a user name and password and to provide us with your email address (your email address, user name and password are collectively your “User ID”). In providing us with a User ID, you agree to provide us with accurate and complete information‚ including the name and address of your enterprise, your title, and billing information, and to inform us immediately of any changes to such information. You may not: (i) enter‚ select or use (a) a name other than your real first and last name or (b) an email address owned or controlled by another person with the intent to impersonate that person‚ or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms‚ and may result in immediate termination of your account. In addition‚ we reserve the right to refuse registration of‚ or cancel‚ a User ID in our discretion.

Security

You are responsible for maintaining the confidentiality of your User ID and are responsible for all activities that occur under your User ID. You agree not to allow anyone else to use your User ID and not to use anyone else’s User ID. You agree (a) to notify us immediately of any unauthorized use of your User ID or password of which you become aware‚ (b) to take reasonable steps to prevent others from using your User ID, for example, by not leaving your computer unattended without logging out of the Site.

Age Restrictions

The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ open an account or purchase gifts on the Site. Some merchandise offered for sale on the Site may be restricted for sale or delivery to persons of a certain age (depending on the state or jurisdiction of residence)‚ and we will require you to submit or provide valid proof of your age and of the recipient before purchasing or sending age-restricted merchandise.

Use of the Site

Subject to your compliance with these Terms‚ thnks grants you a limited‚ non-exclusive personal license to access and use the site for its intended purposes, namely, to send digital gifts. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) use of any data mining‚ spiders, robots‚ or similar data gathering and extraction methods on the Site. Except as noted above‚ users of the Site are not conveyed any express or implied right or license in or under any trademark‚ copyright‚ or other proprietary right of thnks or any third party.

You may not use‚ frame or employ framing techniques to enclose any thnks trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without thnks’s express written consent. Further‚ you may not use any metatags, metadata, or any other “hidden text” using the thnks name‚ trademark‚ or product name without thnks’s express written consent.

If you make any unauthorized use of the Site, we reserve the right to terminate the license granted by these Terms, In addition, unauthorized use may violate applicable law, including copyright laws‚ trademark laws (including trade dress)‚ and communications regulations and statutes. We reserve the right to prosecute violators to the fullest extent of the law.

Restrictions on Rights to Use

You agree that you will not do any of the following or authorize anyone to do any of the following:

(a) download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of the Site‚ except and to the extent expressly permitted under these Terms;

(b) remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;

(c) use any robot‚ spider‚ other data gathering device or software to retrieve or index any portion of the Site;

(d) collect any information about other Users;

(e) reformat or frame any portion of any Web pages that are part of the Site;

(f) create user accounts by automated means or under false or fraudulent pretenses;

(g) create or transmit to other Users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other Users’ enjoyment of the Site;

(h) transmit or upload to the Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of the Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of the Site by any User;

(i) use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

(j) take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;

(k) us the Site to harass, embarrass, bully, stalk, defame, injure, or cause distress to any person; or

(k) use the Site‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

Copyrights

If you believe any aspect of the Site infringes your copyright‚ you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address‚ telephone number and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law; A statement by you‚ made under penalty of perjury‚ that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue. Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:

Copyright Agent Michelle Ross

712 Fifth Avenue (Floor 14)

New York, NY 10019

Or by email: mross@thnks.com

 

Ownership

As between you and us‚ the Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ and all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or by our suppliers and licensors. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of ours or any of our suppliers or licensors.

Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of thnks or their respective owners‚ as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners‚ who may or may not be affiliated with‚ connected to‚ or sponsored by us. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on the Site without the express written permission of the trademark owner.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE‚ AND OF ANY INFORMATION‚ ADVICE‚ SERVICES‚ PRODUCTS‚ AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE‚ IS ENTIRELY AT YOUR OWN RISK‚ AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ WE MAKE NO‚ AND HEREBY DISCLAIM ALL‚ REPRESENTATIONS OR WARRANTIES OF ANY KIND‚ EXPRESS OR IMPLIED‚ AS TO THE AVAILABILITY‚ OPERATION AND/OR USE OF THE SITE AND EACH AND EVERY GIFT RECEIVED OR AVAILABLE FOR PURCHASE ON THE SITE ‚ INCLUDING BUT NOT LIMITED TO ANY AND ALL CONTENT‚ SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE‚ INCLUDING BUT NOT LIMITED TO‚ WARRANTIES OF MERCHANTABILITY‚ FITNESS FOR A PARTICULAR PURPOSE‚ AND NON-INFRINGEMENT‚ AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS OF GIFTS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT WITH RESPECT TO ANY OF THE GIFTS OFFERED ON THE SITE. ALL GIFTS ARE PROVIDED “AS-IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY. TO THE EXTENT ANY SUCH STATE LAW APPLIES TO YOU‚ THE LIMITATION DESCRIBED HEREIN MAY NOT APPLY TO YOU. IN ADDITION‚ WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE‚ COMPLETE OR CURRENT‚ AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF‚ INABILITY TO USE‚ OR RELIANCE ON ANY ASPECT OF THE SITE‚ INCLUDING BUT NOT LIMITED TO SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER‚ WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED‚ SECURE‚ OR FREE OF ERRORS‚ VIRUSES‚ OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION‚ WHETHER ORAL OR WRITTEN‚ OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

IN NO EVENT SHALL thnks OR ITS RESPECTIVE AFFILIATES‚ OR THE SHAREHOLDERS‚ DIRECTORS‚ OFFICERS‚ MEMBERS‚ MANAGERS‚ EMPLOYEES‚ AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING‚ BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING‚ BUT NOT LIMITED TO‚ ANY DIRECT‚ INDIRECT‚ SPECIAL‚ PUNITIVE‚ INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS‚ GOODWILL OR REVENUE‚ BUSINESS INTERRUPTION‚ OR LOSS OF DATA) ARISING OUT OF THE USE OF‚ ACCESS TO‚ RELIANCE ON‚ UNAVAILABILITY OF‚ INABILITY TO USE‚ OR IMPROPER USE OF THE SITE‚ INCLUDING BUT NOT LIMITED TO ANY SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON SITE‚ OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION‚ EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES‚ AND REGARDLESS OF THE FORM OF ACTION‚ WHETHER IN CONTRACT‚ TORT‚ OR OTHERWISE. IN NO EVENT SHALL THNKS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU IN CONNECTION WITH PURCHASE OF GIFTS ON THE SITE OR THE VALUE OF ANY GIFT RECEIVED BY YOU THROUGH THE SITE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold thnks and its affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any losses‚ costs‚ expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim‚ cause of action‚ suit or demand of any third party due to‚ arising out of or related to (i) your access to the Site‚ (ii) your use of the Site‚ (iii) your violation of these Terms of Use‚ (iv) any use of your User ID or password by you or any third party‚ (v) your acceptance of any gift delivered to you through the Site, or (vi) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.

Links to Third Party Sites

The Site may display links to third party sites. We are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. IN NO EVENT WILL WE BE LIABLE‚ DIRECTLY OR INDIRECTLY‚ TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE‚ CONTINUED USE OR RELIANCE ANY LINKED THIRD-PARTY SITE‚ OR ANY LINK CONTAINED IN A LINKED SITE.

Gifts; Service Charge; Sales taxes.

The Site allows you to purchase digital gifts from thnks for delivery to a designated recipient.  Currently, thnks delivers gifts only by email, text message or through the app.  Your purchase, and any inquiries or disputes regarding your purchase (including refunds or other adjustments associated with your purchase) are solely between you and thnks. We will provide you with a receipt for your purchase, through the app or by email to the email address you provided to us.  Gifts issued in the form of merchant gift cards are fulfilled by our vendor partners and issued by the merchant identified on the gift card. thnks does not issue, and has no financial obligation relating to, merchant gift cards.

Prices on the Site include thnks’ service charge.  This service charge is charged by thnks for the delivery of the gift and is not related to the use of the gift including gift cards. Because the location for purposes of calculating such tax is not known by thnks, a sales tax amount of 9.5% will be attributed to each purchase.

thnks is not responsible for errors or omissions regarding price or any other matter on this Site or any website linked to this Site. thnks reserves the right to correct any errors or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error or omission on an item you have ordered, thnks reserves the right to cancel the order and refund the sender payment.

Gifts may have an expiration date. If the recipient does not access the gift (such as by opening the email or accessing the gift in-app )  before the expiration date, or we receive a delivery failure notification concerning any gift sent by email, we may  credit the gift purchase price (excluding the service charge which is non-refundable) to your thnks account which you may use for future thnks gift purchases.

If you receive an email or app notification that you have received a gift, you must open the email or respond to the app notification within [30] days otherwise we MAY cancel the gift.  Acceptance of a gift constitutes your acceptance of these Terms and any terms and conditions associated with the gift.  You may be offered the option to donate the value of the gift to a charity in lieu of accepting the gift.  Thnks is not a bank and does not offer banking, money service business services or money transmission services. 

 

Applicable law

By visiting the Site‚ you agree that the laws of the State of New York‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and thnks.

Arbitration

Any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York. The arbitration shall be administered by American Arbitration Associations pursuant to its Commercial Rules. All claims shall be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 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. The parties agree that the resolution is final and binding, and enforceable through the applicable court.

Miscellaneous

We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ U.S. mail‚ or postings on the Site. These Terms constitute the entire agreement among you and thnks regarding use of the Site. thnks’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The headings in these Terms are for convenience only and have no legal or contractual effect.