Terms and Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR
COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH
BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF
THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Acceptance of Terms.
Welcome to Gift Card Mall, marketplace owned by Blackhawk
Network, Inc. (“Blackhawk”). Blackhawk provides its service to you subject to
the following Terms of Service (“Terms”). By accessing a Blackhawk marketplace
or website (each, a “Site”) on the Internet or World Wide Web and/or
clicking on the ‘yes’ button at the bottom of this page, you are agreeing to
comply with and be bound by the Terms. If you do not wish to agree to the
Terms, do not access or use any part of any Site. In addition, when using
particular Blackhawk services, you are subject to any posted guidelines or
rules applicable to such services or products. All such guidelines and rules
applicable to such services or products are hereby incorporated by reference
into the Terms. We may refuse any or all of our services to anyone at any time,
in our sole discretion. This Site is intended for use by individuals who are at
least 13 years of age. If your parent or guardian has any concerns, please feel
free to contact us via email at firstname.lastname@example.org
2. Products and Services.
Various products such as greeting cards and gift cards,
whether they are plastic or electronic, may be selected and purchased on a Site
(“Blackhawk Products”). Some Blackhawk Products can be customized with text,
pictures and/or graphics. When you have completed and paid for your order,
Blackhawk will produce the Blackhawk Products you have selected and send them
to the recipients specified by you. The pricing for Blackhawk Products, which
is stated in U.S. dollars, is set forth on the applicable Site, and
incorporated into these Terms by reference. Please note that prices and fees
may change from time to time; the price charged to you will be the price set
forth on the Site at the time you place your order. Please place and complete
your order carefully. All purchases of Blackhawk Products are non-returnable
and non-refundable. If you have any questions or problems with your order or
the order has not been received within the expected timeframe, please contact
us immediately at email@example.com or 1-877-426-2551
(1-877-GCMALL1). Please include your order number in all communications for
3. Use of Site.
3.1 Proprietary Rights.
The Sites contain or may contain information, text,
photographs, designs, graphics, images, sound and video recordings, animation
and other materials and effects (including logos) that are protected by
copyrights, trademarks, service marks, pending patents, trade dress or other
intellectual or proprietary rights owned by Blackhawk or an affiliated company,
or other third parties (the “Content”). You acknowledge and agree that these
rights belong to their respective owners and are protected in all forms, media
and technologies existing now or hereinafter developed. Sites owned by
Blackhawk, and Blackhawk logos, product and service names are trademarks of
Blackhawk (the “Blackhawk Marks”). You agree not to display or use: (i) Blackhawk’s Marks without Blackhawk’s written permission
and (ii) the Content in any manner without the owner’s written permission.
3.2 No Framing.
You agree not to “frame” or “mirror” any Content or
third-party content contained on or accessible from a Site on any other server
or Internet-based device without the advance written authorization of Blackhawk
or its licensors or licensees, respectively.
3.3 Online Conduct.
Your use of a Site is subject to applicable local, state,
federal and international law. Your use of a Site in violation of this Section
3.3 governing Online Conduct could subject you to criminal prosecution and/or
personal liability for damages.
You agree not to use a Site or any of the Content for any
illegal or harmful purpose. By way of example only, and not as a limitation,
you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit
any material that is unlawful, indecent, pornographic, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) harm minors in any way; (c)
impersonate any person or entity, including falsely stating or otherwise
misrepresenting your affiliation with a person or entity; (d) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
material transmitted through a Site; (e) upload, post, e-mail or otherwise transmit
any material that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (f) upload, post, e-mail or
otherwise transmit any material that infringes any patent, trademark, trade
secret, copyright, right of publicity, right of privacy, or other proprietary
rights of any party; (g) upload, post, e-mail or otherwise transmit any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; (h) interfere with
or disrupt any Site or servers or networks connected to any Site, or disobey
any requirements, procedures, policies or regulations of networks connected to
any Site; (i) intentionally or unintentionally
violate any applicable local, state, national or international law or any
regulations having the force of law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ.
3.4 Use of Content.
Blackhawk grants you permission to access and view each of
its Sites and to electronically design Blackhawk Products for the sole purpose
of submitting an order. Any other use of the Sites or the Content, in whole or
in part, without permission of the applicable rights holder is strictly
prohibited, including without limitation: modification, republication,
deletion, transmission, public performance, distribution, proxy caching,
uploading, posting, reproduction for purposes other than those noted above, or
other similar unauthorized exploitation of a Site or the Content. Without
limiting the foregoing, unauthorized use of the Content is illegal and could
subject you to criminal prosecution as well as personal liability for damages
in a civil suit.
4. Third Party Links, Products and Services.
Our products and services may be made available to you
through the use of third-party websites (“Third-Party Portals”). If you accessed
a Site through a link from a Third-Party Portal or if a Site provides links to
any third-party sites, you agree that we have no control over the content on
such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR
SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO
NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY
OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US
FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US
ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
5. Submitted Data.
5.1 Copyright Policy, Representation and Indemnity.
You are wholly responsible for any data you transmit to the
Site (“Submitted Data”), whether such data consists of pictures, art work,
text, or other data types, such as audio, video, or multimedia. It is illegal
to reproduce or distribute copyrighted material without the permission of the
copyright owner or to use trademarks without the permission of the trademark
owner. You are responsible for assuring that no Submitted Data you transmit to
a Site violates any copyright or trademark right, and that it complies with
these Terms. Before transmitting Submitted Data to a Site, you should assure
that such Submitted Data is in the public domain and therefore not subject to
copyright protection, or that you have the consent of the copyright or
trademark owner to use the material. By uploading Submitted Data to a Site
and/or by submitting Submitted Data for integration into any Blackhawk Product
for processing, sharing, storage or fulfillment: (i)
you grant us a limited, royalty free and non-exclusive license to use, adapt,
transmit, transfer, store, copy and display the Submitted Data solely in
connection with our providing products and/or services to you; and (ii) you
represent and warrant to us that the Submitted Data are in the public domain;
or that you have all right, title and interest in and to all copyrights in the
Submitted Data, or that you have the express permission to copy and use such
Submitted Data for all purposes related to the products you order through the
Site. You further represent that the Submitted Data do not violate or infringe
upon the proprietary rights (including privacy, moral or publicity rights) of
5.2 Submitted Data Content Policy and Acknowledgement;
Compliance with Law.
You may not upload to a Site any material, whether text,
images, or otherwise, that (a) infringes any copyright, trademark, right of privacy,
right of publicity, or any other right of a third party, including without
limitation, images of celebrities, actors, musicians, sports figures,
politicians, cartoon characters or public figures of any kind; (b) is unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic, profane or
offensive to the community or to any reasonable segment thereof, or (c) phone
numbers, addresses, account numbers, personalized identification numbers or URL
addresses (collectively, “Inappropriate Content”).
The content of the Submitted Data you submit is governed by
applicable laws (including laws which prohibit infringement of copyrights and
trademarks, obscenity, pornography, child pornography, or child abuse). We have
no obligation to monitor the Submitted Data. However, we (and our licensees,
suppliers, fulfillers, and Third-Party Portals, and merchants offering products
through a Site (“Merchants”)) reserve the right at all times to review the
Submitted Data, to disclose the Submitted Data as necessary to satisfy any
laws, regulations or government requests and to report any potential violations
of law to law enforcement authorities, to refuse to post or transmit the
Submitted Data, to remove the Submitted Data, and to refuse to perform any
orders for processing or fulfillment for Submitted Data that are, in our sole
judgment and discretion, (or in the sole judgment and discretion of any of the
entities described above), objectionable or in violation of these Terms. In the
event that you submit Submitted Data to a Site for inclusion on a gift card and
the Merchant issuing the gift card believes the gift card contains
Inappropriate Content, the Merchant may reserve the right to refuse to honor
the gift card.
Blackhawk reserves the right to determine, at its sole
discretion, whether Submitted Data will be accepted for incorporation into
Blackhawk Products. If Blackhawk does not approve the Submitted Data, we will
notify you by email that your submission has been rejected. At such time you
may submit another image for consideration in a subsequent order.
5.3 Creating Custom Image and Text for Gift Cards.
• Image files
can be in .JPEG, .GIF, or .PNG formats.
images will reproduce poorly when printed.
the scale of your image may cause it to print poorly.
• The bigger
the image you choose, the longer it will take to upload.
• The time
your image takes to upload depends on your own internet connection speed.
5. 4 Visa® USA
Guidelines for Use of Color Images (Photos) on Visa® Cards
The appearance or interpretation of any of the following on
apparel, banners, signs, etc., in the foreground or background of photos is
prohibited, including but not limited to:
Marks/Names (e.g. MasterCard, American Express, etc.)
Statements (e.g. Neo-nazi, Pro-Life, etc.)
Products (except those associated w/ Affinity/Co-Brand programs)
or Trademarked Material not owned by Partner
figures/athletes/cartoons, etc. (except for those associated with approved
Numbers (e.g. 800 or 900 #’s) and URL addresses (e.g. www.xyz.com)
Unacceptable Groups (e.g. gangs, supremacy, etc.)
or Sexual content
references to the Visa sponsorship properties (e.g. Olympics)
• Any photo
that might result in non-acceptance or other problems at the point of sale
printing or process that interferes with the required security features of the
You agree to indemnify us and hold us and our licensees,
suppliers and fulfillers, owners and operators of Third-Party Portals and
Merchants, harmless from and against any and all losses, damages, costs or
expenses, including reasonable attorneys' fees, arising out of (a) any claim by
a third party that the Submitted Data (or the use thereof) constitutes an
infringement or other violation of such third party's trademark, copyright,
intellectual property rights or other rights; or (b) your use of any
Inappropriate Content; or (c) any violation of law by you; or (d) any acts
prohibited under this Section 5. Your obligation to indemnify and hold us
harmless shall survive any expiration and termination of these Terms.
6. Limitation and Disclaimer of Warranties; Limitation of
You agree that in the event of any damage to or loss of an
Blackhawk Product by us (or by our licensees, suppliers, fulfillers, owners and
operators of Third-Party Portals and Merchants), even through negligence or
other fault, our sole obligation (and the sole obligation of our licensees,
suppliers, fulfillers, owners, and operators of Third-Party Portals and
Merchants), and your sole remedy, is at our option, to replace the lost or
damaged Blackhawk Product(s) or provide you with a refund or credit, for the
cost of the purchase price for lost or damaged Blackhawk Product(s). You must
submit a claim within thirty (30) days from your date of purchase.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER
WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND
NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE
PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BLACKHAWK NOR ANY OF ITS
AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS
AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY
SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF
ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE,
SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR
Under no circumstances shall we (or our licensees,
suppliers, fulfillers, owners and operators of Third-Party Portals or
Merchants) be liable for damages of any kind, under any legal theory arising
out of or in connection with your use of, inability to use, any Site, any
Content, or any products or services offered through a Site, including any
direct, indirect, incidental, special or consequential damages (including but
not limited to damages for loss of profits, use, data or other intangibles)
even if we, or our licensees, suppliers, fulfillers, owners and operators of
Third-Party Portals or Merchants, have been advised of the possibility of such
damages. Without limiting the foregoing, this disclaimer of liability applies
to any loss or damage arising out of the customization, processing, storage or
fulfillment of any material, Blackhawk Product, or Submitted Data, the
inability to use a Site, any changes to a Site (or its products and/or
services), or the unauthorized access to or alteration of your transmissions or
data. Some jurisdictions do not allow the limitation or exclusion of
incidental, consequential or other types of damages, so some of the foregoing
limitations may not apply to you.
In addition, in the event you violate these Terms and you
intentionally publicize such violation, you acknowledge that Blackhawk and its
affiliated companies may suffer substantial damage to its reputation and
goodwill and that you can be liable for causing such substantial damage.
Furthermore, you agree to refrain from using the services offered through the
Site, including ordering any Blackhawk Products, in any manner that would cause
damage to the public reputation of Blackhawk, its affiliated companies, and
their employees, shareholders, board members, Merchants, or third parties for
which Blackhawk provides services. In the event that you use or publicly
display any products ordered through the Site, including by display on the
Internet, in order to intentionally bring harm to Blackhawk or any of its
affiliated companies or their employees, or shareholders, or board members, or
to owners or operators of Third-Party Portals, or Merchants, Blackhawk reserves
the right to demand the immediate return of the Blackhawk Product(s) ordered
from a Site, to invalidate, without refund, the value of any gift card included
in such Blackhawk Products, and to pursue any and all further remedies
available to Blackhawk and its affiliated companies under the law.
7. Termination of Right to Use a Site.
We reserve the right to terminate your right to use one or
more Sites if you violate any of these Terms or if your account has been inactive
for more than one year. Upon termination of your right to use one or more
Sites, we will remove your account privileges. We will have no obligation to
return to you your Submitted Data. The disclaimers and limitations of
liabilities set forth in these Terms shall survive any such termination. Your
sole recourse and remedy if Blackhawk terminates your right to use a Site, is
to receive a refund for any products paid for but not processed or fulfilled by
Blackhawk, if any.
8. Privacy and Security.
We will protect and use information provided by you as set
to violate or attempt to violate the security of any Site, including without
limitation, (a) accessing data that is not intended for your use; (b) logging
on to a server or account that you are not authorized to access; (c) probing,
scanning or testing the vulnerability of any system or network related in any
way to a Site without proper authorization; (d) breaching security or authentication
measures without proper authorization; (e) interfering with service to any
host, network, other user, including without limitation, sending unsolicited
e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions
and/or advertising products and/or services; or (g) attempting to do any of the
You understand that your account information on the Sites is
controlled by you, through the User IDs and Passwords that you selected. You
are responsible for protecting the confidentiality of those User IDs and
Passwords. Blackhawk is entitled to rely on the fact that any Submitted Data,
orders for Blackhawk Products or other information sent to any Site under your
User ID and Password for that Site were sent by you. If you believe that the
confidentiality of any of your User IDs and/or Passwords has been compromised
or that someone has accessed your account without authorization, you should
contact our customer service representatives immediately by either sending an
e-mail to firstname.lastname@example.org or by calling 1-877-426-2551
9. Applicable Law.
Since the Sites can be accessed from all 50 states, as well
as from other countries around the world, and each of these places has laws
that may differ from those of California, by accessing a Site both you and
Blackhawk agree that the statutes and laws of the state of California, without
regard to the conflicts of laws principles thereof, will apply to all matters
relating to use of such Site and its contents. Blackhawk makes no
representation that the Contents are appropriate or will be available for use
in other locations. If you use a Site from outside the United States of America,
you are entirely responsible for compliance with applicable local laws, including
but not limited to the export and import regulations of other countries in
relation to the Content and the third party content. Unless otherwise
explicitly stated, all marketing or promotional materials found on a Site are
solely directed to individuals, companies or other entities located in the United States.
You and Blackhawk further agree to submit to the exclusive personal
jurisdiction and venue of the Alameda County Superior Court and the United
States District Court for the Northern District of California with respect to
any matters relating to the services, the use of a Site and its Contents, or
any transactions arising therefrom. Any action
brought by you with respect to anything related to a Site must be brought, if
at all, within one (1) year from the accrual of such cause of action. A printed
version of these Terms of Service will be admissible in judicial and
administrative proceedings based upon or related to these Terms to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
All costs and taxes are quoted in U.S. dollars. You must pay
all applicable taxes on purchases made on the Site. We may in our sole
discretion add, delete or change some or all of the prices of our products and
services at any time without notice, other than as set forth on the relevant
11. Gift Card Activation.
Plastic Gift Cards. Generally, with the exception of VISA
Cards, plastic gift cards that ship from GiftCardMall.com are shipped
"active", which means that recipients are not required to activate
their gift cards prior to using. For VISA Cards, plastic gift cards will be
shipped "inactive" and must be activated before they can be used. The
activation code will be sent to the address provided by the purchaser at the
time of purchase. The purchaser can activate the card or can provide the
activation code to their recipient. Recipients can also activate their gift
card by calling 1-866-357-7391 and entering the requested information or as
otherwise instructed by us.
Electronic gift cards. Electronic gift cards do not require
activation by customers. Recipients of electronic gift cards will click on a
link in their e-mail to retrieve their activated electronic gift cards.
12. Cancellation Policy.
Unless otherwise stated herein, there are no refunds and all
sales are final.
For purposes of these Terms, “you” and “your” shall mean you
and “we”, “us,” and “our” means Blackhawk and, if applicable, those third
parties acting on behalf of Blackhawk from time to time. Title and risk of loss
for products purchased by you through a Site passes to you upon delivery of the
Blackhawk Products to you or your designated recipient. We may assign our
rights and responsibilities hereunder without notice to you. If any of these
Terms are held invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision most
closely matching the intent of the original provision and the remainder of the
Terms will continue in effect. We reserve the right to amend or modify these
Terms or impose new conditions at any time. Such amendments and modifications
will be effective immediately upon giving you notice by any means including,
but not limited to, posting on the applicable Site. These Terms constitute the
entire agreement between you and us with respect to the subject matter hereof
and supersede all other communications, written or oral, with regard to any Site.
The failure of Blackhawk to enforce any right or provision
in these Terms shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Blackhawk in writing. Your use of a Site,
however, is subject to the additional disclaimers and caveats that may appear
throughout such Site.
If you have any customer service-related questions, please
Phone: 1-877-426-2551 (1-877-GCMALL1)
If you have any other questions about Blackhawk, its
products or services, please address your inquiry to:
Blackhawk Network, Inc.
Attn: E-Commerce Group
Mall Road, Pleasanton, CA 94588