Terms of Service

Last Updated: January 3, 2019

These Terms of Service (“Terms”) apply to your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) of Xenia Gifts LLC. (“Xenia Gifts”, “Xenia”, “Site”, “App”, “we”, or “us”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy, whether or not you are a registered user of our Service.

1. Changes to Terms

Xenia reserves the right to change or modify these Terms at any time and in our sole discretion. If Xenia makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to these terms, you must immediately cease all use of the Services.

2. Eligibility

The Services are only intended for Users who are thirteen (13) years of age or older, and any registration, use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms. Your access or use of these Services to complete a gift card purchase or sale affirms that you are at least thirteen (13) years of age and in the United States. You represent that you are fully able and competent to enter into and comply with the terms and conditions in the Terms of Use. The Service is not available to any Users previously removed from the Service by Xenia Gifts. If we become aware that you are using these Services even though you are under 13 or are outside of the United States while using them, we may deactivate your account.

3. Membership

You need not register online to browse offerings using the Services. Specific features of the Service such as buying or selling Gift Cards will require you to register with Xenia Gifts and create a “Member Account”. Xenia may modify these Services and features/functions available within a Member Account at any time in our sole discretion. Xenia reserves the right to suspend, terminate or refuse access to any Member Account at its sole discretion.

You may never use another User’s Member’s Account. In creating your Member Account or using the Service, you must provide accurate and complete information. You must notify Xenia immediately of any breach of security or unauthorized use of your Member Account. Xenia will not be liable for any losses caused by any unauthorized use of your Member Account. Violation of these Terms will result in the termination of a User’s Member Account, and Xenia may terminate a Member Account at any time in its sole discretion.

Sharing your email address with Xenia implies that you consent to our using the email address to send you notices regarding our Services, including any notices required by law, in lieu of communication by postal mail.

4. Buying/Selling Gift Cards

Xenia Gifts does offer Buyers a 1 Year Money-Back Guarantee, which will no longer apply to a Gift Card if it is resold on any platform other than Xenia Gifts. The Money-Back Guarantee may be changed at any time, and will apply as it stands on the date of purchase. We do not guarantee any of the potential savings or discount a User may receive with the use of a Gift Card purchased on Xenia Gifts, only the face value of the card. This Guarantee only applies to Gift Cards purchased on Xenia Gifts.

Gift Cards may be subject to third party terms and conditions depending on the retailer and specifics of said Gift Card. Users are solely responsible for reviewing any other applicable terms and conditions and adhering to them. By acquiring Gif Cards on Xenia Gifts, you agree to take sole responsibility for any violation of these third party terms and conditions.

Xenia has a zero tolerance for fraud. If you are suspected of unauthorized credit or debit card use, or have obtained the credit or debit card through illegal means, Xenia will request additional verification documents to ensure that you are the legal and authorized user of your payment method. If you use a prepaid debit card (such as OneVanilla, Green Dot, etc.) as payment, your proof of purchase may be requested for verification or your order may be canceled. If your Member Account is caught for fraudulent payments or any other fraudulent activity on Xenia, your Member Account will be immediately terminated and any past gift cards you have purchased will be automatically canceled without refund.

Users can list their Gift Card(s) on our online Services, where the Gift Card(s) will be offered until purchased by another User, removed by the seller, or the Seller account is terminated for any reason. Gift Cards listed by sellers in Xenia Gifts allow the seller to set the price of the Gift Card (within parameters solely established by Xenia Gifts), but there is no guarantee a buyer will be found. There is also no guarantee that we will be able to list all Gift Cards.

As a Xenia Gifts user you hereby represent and warrant in connection with any gift card you sell through or on the service, the following:

  • i) The gift card is valid;
  • ii) The gift card is redeemable for the amount of credit that you state through the service and the same balance will remain on the card until it can be redeemed by a subsequent purchaser;
  • iii) You have not in any way retained a way to redeem the gift card after selling or listing the card;
  • iv) The gift card and any interest therein is fully transferable to Xenia or the buyer in the manner contemplated by this agreement, without violating any contractual, legal, or other right;
  • v) You are the sole, lawful owner of the gift card and all interests thereto;
  • vi) the gift card is not subject to any liens, obligations, or encumbrances of a third party;
  • vii) The gift card is not stolen, procured by fraud, or otherwise subject to a legal dispute;
  • viii) You will comply with all other requirements of the service to complete the gift card transaction, including (without limitation) shipping instructions.

When you sell a Gift Card on Xenia Gifts, you agree to transfer full ownership of the Gift Card and all of your interest in the Gift Card to the Buyer in return for a payment in the amount designated in the Gift Card sale transaction on Xenia Gifts. Sellers may give Xenia Gifts authorization to automatically adjust Gift Card sale price and/or commission rate for Gift Card(s) listed on Xenia Gifts.

5. Proprietary Rights

The Services and all content pertaining to these Services, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content, and all Intellectual Property Rights related to these Services, are the exclusive property of Xenia Gifts and its licensors, except for User created content used by the creator. Unless explicitly mentioned within these Terms, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Xenia Gifts content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.

6. Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XENIA GIFTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (B) FOR ANY AMOUNT IN AGGREGATE IN EXCESS OF THE VALUE OF YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND XENIA GIFTS’S REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XENIA GIFTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES IN CONTENT PROVIDED; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY LIND, RESULTING FROM OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) LOST OR STOLEN, OR OTHERWISE INVALID GIFT CARDS; AND/OR A RETAILER’S REFUSAL OR FAILURE TO HONOR A GIFT CARD PURCHASED THROUGH THE SERVICE.

  
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