Terms of Service

1. Introduction

Welcome to Your Christmas List ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, application, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

3. Eligibility

You must be at least 13 years of age to use our Service. If you are under 18, you must have permission from a parent or legal guardian. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

4.1 Account Creation

To access certain features of the Service, you must have an account. We will provide you with an account when you contact us and request a group for gift exchanges. You agree to provide accurate, current, and complete information during the request and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

5. Use of Service

5.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

5.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate the rights of others, including privacy and intellectual property rights
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our permission
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Use the Service for commercial purposes without our consent
• Collect or harvest any information from the Service

6. Groups and Gift Exchanges

6.1 Group Creation

Groups can be created by contacting us through the Service. Group administrators are responsible for managing their groups and inviting members.

6.2 Secret Santa Matching

Our Secret Santa matching is automated and random. While we strive for fairness, we do not guarantee specific matches and are not responsible for any disputes arising from the matching process.

6.3 Gift Obligations

Your Christmas List is a platform to facilitate gift exchanges. We are not responsible for ensuring users fulfill their gift-giving obligations. Any disputes between users regarding gifts must be resolved between the parties involved.

7. User Content

7.1 Your Content

You retain ownership of any content you submit to the Service, including wish lists, messages, and profile information ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your User Content solely for the purpose of operating and improving the Service.

7.2 Content Standards

You represent and warrant that your User Content does not violate any laws, infringe on any rights, or contain offensive, harmful, or inappropriate material. We reserve the right to remove any User Content that violates these Terms.

7.3 Monitoring

We have no obligation to monitor User Content but reserve the right to do so and to remove content that violates these Terms or is otherwise objectionable.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Your Christmas List and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of personal information as outlined in the Privacy Policy.

10. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Your Christmas List. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR CHRISTMAS LIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

13. Indemnification

You agree to indemnify, defend, and hold harmless Your Christmas List and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

14. Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within California for the resolution of any disputes arising out of or relating to these Terms. You hereby waive any right to a jury trial in any proceeding arising out of or relating to these Terms..

17. Dispute Resolution

17.1 Informal Resolution

If you have any dispute with us, you agree to contact us first to attempt to resolve the dispute informally by contacting us through the Service.

17.2 Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of California Arbitration (CalArb). The arbitration shall be conducted in California, and judgment on the award may be entered in any court having jurisdiction.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

19. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Your Christmas List regarding the use of the Service and supersede all prior agreements and understandings.

21. Contact Information

If you have any questions about these Terms, please contact us through the Contact Us feature on our website.