Basic Contest Rules

Garfum.com Contest Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility
Garfum.com Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are 13 years or older at the time of participation. A minor may enter the competition under the direct supervision of their legal guardian. Void where prohibited by law. Employees of Garfum.com Corporation or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor
Garfum.com Corporation, 22 South Hope Chapel Rd, Jackson NJ, 08527.

3. Contest Submission Period and Contest Overview
The Contest submission period is from September 1, 2014 at 12:00 a.m. Eastern Time (“ET”) to August 31, 2015 at 11:59 p.m. ET (the “Contest Submission Period”). At the end of each month within the Contest Submission Period there will be 10 winners. At the end of the Contest Submission Period there will be one grand prize winner. All winners will be determined based on the rating a Video (as defined below) receives. Sponsor is the official time keeper for this Contest.

4. How to Enter and Submit a Video
During the Contest Submission Period you must first register at Garfum.com by providing a user name, a password, a valid email address, and country. Once you are registered you can enter the Contest by uploading a video (the “Video”). When you upload a Video you will be asked to assign the Video to a contest and category, you must also provide a title, description, and tags.

5. Video Requirements

Each Video must meet all of the following requirements or it will be disqualified: 

• Video must not contain illegal activity. 

• Video must not portray Sponsor negatively. 

• Video must be publicly shared online. 

• Video must be original, the sole property of submitter and not previously submitted in any other contest or Contest (no professional videos are allowed).

• Video must not incorporate/prominently display any third-party brands or trademarks other than that of the Sponsor.

• Video must not violate any third-party rights, including copyright and right of publicity. 

• Video must not contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or the mutilating of animals, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, harassing, or otherwise unsuitable content as determined by Sponsor in its sole discretion. Videos containing such content will be disqualified immediately.

Sponsor, in its sole direction, reserves the right to disqualify any Video that does not meet these requirements. Your video must be in compliance with our terms in order to qualify for the contest. 

6. Terms of Submission
By submitting a Video you agree Sponsor has the unrestricted right to use your Video, commercially or non-commercially, including the worldwide right to publish and display Video in any media for advertising and publicity all without additional review or compensation. By entering, you represent and warrant that (1) your entire Video is an original work by you and you have not copied or used other works in your Video without permission or right to do so; (2) no person, other than you has any right, title, or interest in any part of your Video; (3) your Video will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (4) you have all the rights, licenses, permissions and consents necessary to submit the Video in accordance with these official rules. You understand that Sponsor reserves the right to disqualify or refuse to post any Video at any time for any reason at its sole discretion. BY SUBMITTING THE VIDEO, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH VIDEO IN ANY WAY AND POST THE VIDEO ON THE INTERNET OR USE THE VIDEO IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.

7. Rating Videos
All Videos will be posted online at Garfum.com for rating. To rate a Video a person will first need to register at Garfum.com. Once person is registered they can rate as many Videos as they want. Limit: Each person may only rate each Video one per day. Multiple raters are not permitted to share the same email address. Any attempt by any rater to obtain more than the stated number of Video rates by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that person’s activity and that person may be disqualified. Use of any automated program to rate Videos will result in disqualification. If the rating process to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor in its sole discretion reserves the right to use another means to determine the winners, (i.e. by random selection or by appointing a panel of judges). Entrants may not pay people or provide any other type of consideration in exchange for a rating. Any entrant who violates the ban on paying or providing consideration in exchange for a rate will be disqualified. Public ratings may be displayed on Garfum.com, on a real-time basis, before being verified for integrity. These not yet verified rates do not necessarily accurately reflect the winners of prizes. The winners will be contacted directly by the Sponsor after all rates have been verified.

8. Determination of Winners Based on Rating

• A user is only able to win one prize per month. 

• One contestant cannot win 1st place in more than a month in a year (starting from September and ending with August). In case another video uploaded by the ‘same contestant’ gets the highest ratings in the next months, that video cannot hold #1 place, instead it will go to the 2nd place based on he/she has already won 1st place in one of the months for the current competition year. In this scenario the contestant having 2nd highest rated video will become the 1st winner provided he is not the winner in current competition year.

• A user cannot win for a previous winning video.

• A household cannot win more than twice in any contest period.
 

Up to 10 Winners Each Month during the Contest Submission Period

At the end of each month, the Sponsor in its sole discretion will determine which ten Videos were the highest rated in the prior month (not cumulatively). These ten entrants will win the monthly prize identified below. Garfum reserves the right of up to 30 days to determine these winners.

Winners will be contacted that they've won via Garfum notification and by the use of the email address they provided on their Garfum Profile and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Sponsor’s decisions as to the administration and operation of the Contest and the determination of the potential winners is final and binding in all matters related to the Contest. Users must respond to the initial verification within five (5) days of the date the notice is sent. If the user responds to the initial verification within the allotted time, the user will then receive an affidavit of eligibly, and liability/publicity release (expect where prohibited) which they must respond to within three (3) days of the date the notice is sent. If the user responds to the affidavit of eligibility within the allotted time, the user will then be notified of payment processing instructions, which they will then have five (5) days of the date the notice is sent to respond to. Failure to respond to any of the above notifications within the allotted time, will result in a forfeit of prize money. If a potential winner is minor the minor’s parent or legal guardian must sign documentation necessary to accept the prize on the minor’s behalf. 

1 Winner at the End of the Contest Submission Period 

The Sponsor in its sole discretion will determine which one Video is the highest rated for the Contest Submission Period. This one entrant will win the grand prize identified below. Garfum reserves the right of up to 60 days to determine these winners.

Entrants will be contacted using the email address, telephone number and/or cell phone number provided with registration on Garfum.com and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Sponsor’s decisions as to the administration and operation of the Contest and the determination of the potential winners is final and binding in all matters related to the Contest. Failure to respond to the initial verification within five (5) days of notification will result in disqualification and selection of an alternate potential winner in a random drawing of all remaining valid entries received. Odds of winning a prize depend on the number of Videos submitted and rating your Video receives. If a potential winner is minor the minor’s parent or legal guardian must sign documentation necessary to accept the prize on the minor’s behalf. 

9. THE POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.  

10. Verification of Potential Winners
All potential prize winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winner will be required to sign and return to Sponsor, initial verification information within five (5) days of the date notice is sent, an affidavit of eligibly, and liability/publicity release (expect where prohibited) within three (3) days of the date notice is sent, and payment processing instructions within five (5) days of the date notice is sent in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return any of the above within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner. If winnings are below $600 for the year: Upon receiving necessary information from the winners, it may take up to 4 weeks to process payment. If cumulative winnings exceed $600 USD/year, winners must complete and return a W-9 (domestic). In these situations, please allow from the receipt of documentation for payment processing. Garfum reserves the right of up to 30 days at the end of each monthly competition to review the winners. Garfum reserves the right of up to 60 days at the end of each grand-champion competition to review the winners. Sometimes there are delays, but we really do our best to get the winning money out to people as soon as possible. Don't forget, it is the responsibility of the user to fill out the required information and documents in the adequate amount of time allotted for each and every video they win for.

If you don't want to give us your banking information, you can choose to accept a smaller prize of up to $500, transferable through PayPal, in lieu of the larger prize. We only do PayPal or bank transfers, and PayPal and Bank processing fees will be deducted from the prize money.

11. Prizes

• The ten (10) entrants with the highest rated Video at the end of each month will win the following prizes: 

• 1st $250.00

• 2nd $125.00

• 3rd $75.00

• 4th $50.00

• 5th $40.00

• 6th $30.00

• 7th $25.00

• 8th $20.00

• 9th $15.00

• 10th $10.00

• One (1) grand prize winner will receive up to twenty-five thousand dollars ($25,000). 

At the end of the Contest Submission Period there will be one (1) Winner at the end of Garfum year. The 1st place winner, of the 12 set months, advance to the VIDEO OFF's for Yearly Winner Garfum Grand Championship, where one grand prize winner will receive up to twenty-five thousand dollars ($25,000.00). It's a multi-week voting process, called the VIDEO OFFs, which determines the Garfum Yearly Grand Champion. The video receiving the most votes will be deemed the Garfum Yearly Grand Champion. A user is entitled to one single vote per day out of the 12 finalists. The sponsor reserves the right to determine which one video received the highest votes for the contest submission period and will do so on or about 30 days after the contest is over or approximately October 30, 2015. The Sponsor in its sole discretion will determine which one Video is the highest voted for the Contest Submission Period. This one entrant will win the grand prize identified below. 

For all prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

12. Entry Conditions and Release
By entering, each entrant agrees to: (1) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (2) release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.


13. Publicity
Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

14. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

15. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Contest. No more than the stated number of prizes will be awarded.

16. Disputes
Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the New York County, New York; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforce-ability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 

17. Entrant’s Personal Information
Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at Garfum.com.

18. Contest Results
For Contest results send a hand-printed, self-addressed, stamped envelope to Winner’s List - Garfum.com Corporation, 22 South Hope Chapel Rd, Jackson NJ, 07731. Requests for the winner list must be received by the end of each fiscal year.

 

Privacy Policy

Garfum.com Privacy Policy

Garfum.com respects the privacy of the users of our website. We have developed this Privacy Policy to demonstrate our commitment to protecting our users privacy. This Privacy Policy is intended to describe to you, as a user, information we may collect about you and how that information may be used.

We encourage you to read this Privacy Policy carefully when using our website or our services. By using our website, you are accepting the terms and practices described in this Privacy Policy. If you have any questions about our Privacy Policy, please contact us.

Information We May Collect

Generally, we may collect personal information about you, including information that can identify you (such as your name and email address), as well as other information that does not identify you. We may collect and store personal information about you including: information you provide to us and enter on our website, or that we otherwise obtain about you such as personal information that may be contained in any video, comment, or other submissions you upload or submit to our website.

We may also collect and store personal information about other people that you provide to us. If you use our website to upload or submit content (such as videos), and such content contains personal information about others, such information may be collected and stored by us. If you use our website to send anything to others through our system, then we may collect and store the personal information of each such recipient. We may also periodically obtain both personal and non-personal information about you from affiliated and other third parties. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information.

When you visit our website, we may assign your computer one or more “cookies.” A “cookie” is a small text file that is stored on a user’s computer for record keeping purposes. Cookies include session cookies and persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. Through the use of a cookie, we may collect information about your online activity on our website, such as the web pages you visit, the links you click, and the searches you conduct. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the features of our website.

We automatically collect information from your browser when you visit our website. This information includes such things as your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted, and any referring website address.

We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our website. We also may include web beacons in promotional e-mail messages or newsletters to determine such things as whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming, or other activities.

How We May Use the Information

Other than in certain unique situations discussed below, we do not share individualized personal information with third parties which we collect about our users, such as a user’s name or a user’s email address. We may share with third parties certain aggregated personal information about a user or group of users, such as average or range of ages, zip codes of users, etc.


In certain unique situations, we reserve the right to share your individualized personal information when we believe disclosure is appropriate, such as in the following situations:

• In response to a subpoena or similar investigative demand, a court order, a request for cooperation from a law enforcement or other government agency, or as otherwise required by law

• In connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing

• To protect, exercise, establish or defend the rights, property or safety of our users, our company, our employees, or others

• To enforce our website Terms and Conditions or other agreements or policies

• In connection with a substantial corporate transaction or event, such as the sale of our business or assets, a merger or consolidation, or a dissolution

We may share aggregated or non-personal information we collect. We may share it with our affiliated companies, our business partner companies, or other third parties for different purposes, such as: (1) to tell our advertisers the number of visitors to our website and the most popular features or services; (2) to develop and deliver targeted advertising on our website or on websites of third parties; or (3) to conduct general business analysis. Also, this may be used to develop website content and services that we hope you and other users will find of interest.

User Submitted Content

We provide areas on our websites where you can upload content (for example: videos), submit comments or reviews of videos found on our website, and submit other information. Such uploads and submittals are governed by our Terms and Conditions. Whenever you voluntarily disclose personal information on publicly-viewable web pages about yourself or others, that information will be publicly available and can be collected and used by us and others. We do not necessarily monitor, screen, or filter user submissions to our website, nor do we delete or scrape personal information from any such submissions. To the extent that any video, comment, or other user submission contains personal information (whether name, likeness, address, telephone number or otherwise, and whether such information pertains to the submitter or someone else), may be viewed by other users of our website. For example, if you submit your email address on a publicly-viewable area of our website, you may receive unsolicited messages. We cannot control who reads your submittals or what other users may do with the information you voluntarily submit on publicly-viewable areas, so we encourage you to exercise discretion and caution with respect to your submittals. Once you have submitted such information, you may not be able to edit or delete it.

Third Party Websites

There may be a number of places on our website or through our services where you may access third party websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on our website, you may be taken to a website that we do not control. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements or visit their websites. These third party websites may independently solicit and collect information, including personal information from you, and in some instances, provide us with information about your activities on those websites. We recommend you consult the privacy policy of all third party websites you visit.

How We Protect Your Personal Information

We take appropriate security measures (including electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, we also use firewalls to help prevent unauthorized persons from gaining access to your personal information.

We want you to feel confident using our website. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our website.

Changes to This Privacy Policy

We will occasionally update or modify this Privacy Policy to reflect changes in our practices and services. When we make updates or modifications to this Privacy Policy, we will revise the “Last Updated” date at the bottom of this Privacy Policy. We recommend you review our Privacy Policy from time to time to inform yourself of any updates or modifications to it.

Last Updated: June 9, 2014.

 

Terms & Conditions

Garfum.com Terms & Conditions

A. Your Acceptance of These Terms and Conditions

  1. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ARE BOUND BY THEM.
  2. By visiting Garfum.com (which is referred to below at times as the “Garfum website”), by uploading any video or other Content onto the Garfum website, or by using any services, products, software or other aspect of the Garfum website (which together are referred to as the “Service”), you are agreeing to be bound by all provisions stated in these terms and conditions (these “Terms and Conditions”) and all provisions stated in Garfum’s Privacy Policy. By using the Service, you are entering into a binding agreement between you and Garfum.com, Inc. Garfum.com, Inc. is referred to in these Terms and Conditions as “Garfum,” “we,” or “us.” No provisions in these Terms and Conditions or in Garfum’s Privacy Policy are intended to or shall be deemed to create any third party rights or benefits. If you do not agree to be bound by these Terms and Conditions, then please do not use the Service.
  3. We may, in our sole discretion, modify or revise these Terms and Conditions and Garfum’s Privacy Policy at any time. You agree to be bound by any such modifications or revisions. You should periodically review the most up-to-date version of these Terms and Conditions and Garfum’s Privacy Policy.

      B. Membership

      1. To use the Service, you must create an account and register as a member by providing a user name, a password, a valid email address, and your country. You must provide complete and accurate registration information to Garfum and notify us if your information changes. If you are a business organization of any type or a government entity, the person whose email address is associated with the account must have the authority to bind the organization or entity to these Terms and Conditions. We encourage you to use your real name. If you are a business organization of any type or a government entity, you must use the actual name of your organization or entity. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
      2. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, then you must log out of your account after using the Garfum Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You may be liable for any loss or damages of Garfum or others due to unauthorized use of your account.

      C. The Service and Restrictions on Use

      1. Garfum hereby grants you permission to access and use the Service, subject to all restrictions and limitations stated in these Terms and Conditions. Your use of the Service must be for your own, personal use. Unless you obtain Garfum’s written permission, you may not use the Service for commercial purposes.
      2. You may upload, post, or transmit (all of which are referred to at times as “submit”) videos, audio, images, text, or other work (all of which are referred to as “Content”) onto the website only if you comply with the restrictions and other provisions stated in these Terms and Conditions. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit; (2) any Content you submit does not infringe any third party’s rights, including copyrights, other intellectual property rights, and privacy rights; and (3) any Content you submit complies with all terms of these Terms and Conditions.
      3. You agree to not download or copy any Content on the Garfum website. You may send to third parties a link to a video or other Content contained on the Garfum website. Also, you may click the “SHARE” icon contained on the Garfum website for the limited purpose designed by Garfum for that feature of the website.
      4. You must comply with all applicable laws in your use of the Service.
      5. You agree to not alter or modify the Service. You agree not to upload or launch any automated system or software onto or within Garfum’s website, such as “robots” or “spiders.” You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content on the website.
      6. The Service may contain links to third party websites that are not owned or controlled by Garfum. Garfum has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. In addition, Garfum will not and cannot censor or edit the Content of any third party website. By using the Service, you expressly relieve Garfum from any and all liability arising from your use of any third party website. We encourage you to read the terms and conditions and privacy policy of each other website that you visit.
      7. As described below in Section E and elsewhere in these Terms and Conditions, Garfum reserves certain rights regarding your use of the Service. This includes but is not limited to Garfum reserves the right to discontinue any aspect of the Service at any time.
      8. You understand that when using the Service, you will be exposed to Content from a variety of sources, and Garfum is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Garfum with respect thereto. You agree to indemnify, hold harmless and defend Garfum, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

      D. Content Restrictions

      1. You may not submit any Content which in any way:

        • Infringes upon any third party’s copyright, trademark, or other intellectual property rights

        • Infringes or damages any third party’s other rights, such as privacy rights

        • Exploits minors

        • Contains sexually explicit images or pornography

        • Was stolen or illegally obtained or is being used illegally

        • Contains hateful, defamatory, or discriminatory Content or incites hatred against any individual or group

        • Depicts unlawful acts or extreme violence

        • Depicts animal cruelty or extreme violence towards animals

        • Promotes fraudulent or illegal schemes or conduct of any kind, such as illegal money- making schemes, online gambling or betting, etc.

        • Promotes any illegal conduct or violates any applicable laws
      2. All videos or Content you submit must also comply with our Uploading Guidelines, which are incorporated into this Agreement.
      3. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other intellectual property rights or other proprietary rights of third parties, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant Garfum all of the license rights granted under these Terms and Conditions.
      4. You understand that Garfum does not guarantee any confidentiality with respect to any Content you submit.

      E. Our Reservation of Rights

      1. We reserve all rights stated in these Terms and Conditions. These rights include, but are not limited to, we reserve the right to:

        • Delete any video or other Content uploaded or submitted by you or any user of the Service (and we will not be liable for any loss of such Content)

        • Not display your or any user’s video or other Content, or display your video or other Content at any location on the Garfum website we choose

        • Monitor all conduct on and Content submitted to the Garfum website (although we assume no obligation to do so)
      2. Garfum does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Garfum expressly disclaims any and all liability in connection with any such Content. Garfum does not permit copyright infringing activities and the infringement of other intellectual property rights on the Service, and Garfum will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Garfum reserves the right to remove any Content without prior notice.
      3. Garfum reserves the right to decide whether any Content violates these Terms and Conditions for any reason. Garfum may at any time, without prior notice and in its sole discretion, remove any Content and/or terminate a user’s account for submitting any Content in violation of these Terms and Conditions or if a user’s conduct or Content would tend to damage Garfum’s reputation or goodwill. If we terminate your account, we may prevent you from re-registering for the Service. We also reserve the right to block your email address and Internet protocol address to prevent further registration. Garfum has sole discretion to terminate your access to the Service.

      F. Code of Conduct

      1. In using the Service, you must act in a civil and respectful manner at all times. Additionally, you will not:

        • Harass or stalk any other person

        • Harm or exploit minors

        • Act in a deceptive manner, by, among other things, impersonating any person

        • Distribute "spam"

        • Collect information about others

        • Advertise of solicit others to purchase any product or service

      G. Licenses Granted by You

      1. License to Garfum. As between you and Garfum, you own the video or other Content that you submit to the Service. By submitting a video or other Content to the Garfum website, you grant Garfum and its affiliates a limited, worldwide, non- exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video or other Content for the purposes of: (1) displaying the video or other Content within the Service; (2) promoting the Service; and/or (3) archiving or preserving the video or other Content for disputes, legal proceedings, or investigations.
      2. License to Other Users. You further grant all users of the Service permission to view your video or other Content for their personal, non-commercial purposes.
      3. Duration of Licenses. The above licenses will continue unless and until you remove your video or other Content from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos or other Content may be cached in search engine indices after removal and that Garfum has no control over such caching.

      H. DMCA

      1. Garfum’s Designated Agent for purposes of notices described under the Digital Millennium Copyright Act (“DMCA”) is: Michael Garofalo, Garfum.com Corporation 22 South Hope Chapel Rd, Jackson NJ, 07731 or via email at copyright@garfum.com.
      2. If you are a copyright owner or an agent thereof and believe that any Content displayed on this website infringes upon your copyright(s), you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):

        • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

        • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

        • 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 the service provider to locate the material

        • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address

        • A statement 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

        • 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 owner of an exclusive right that is allegedly infringed
      3. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice in writing to the Designated Agent containing the following information:

        • Your physical or electronic signature

        • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled

        • A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content

        Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      4. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who are considered to be repeat infringers of copyright laws. This policy is based on a system of “strikes” applied against a user’s account. If a user’s account is the subject of the removal of content due to copyright infringement issues, then a user will be assigned a strike. If a user receives three strikes, then the user’s account will be suspended and all videos uploaded by the user will be removed. Users with suspended accounts are prohibited from creating new accounts. If a counter-notice is received by the Designated Agent, Garfum may send a copy of the counter-notice to the original complaining party informing that person that Garfum may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Garfum’s sole discretion.

      I. Disclaimers

      YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GARFUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GARFUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

      GARFUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. GARFUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

      J. Limitation of Liability

      IN NO EVENT SHALL GARFUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

      YOU SPECIFICALLY ACKNOWLEDGE THAT GARFUM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      The Service is controlled and offered by Garfum from its facilities in New Jersey, USA. Garfum makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

      K. Indemnity

      To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Garfum and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service; (2) your violation of any term of these Terms and Conditions; (3) your violation of any third party right, including without limitation any copyright, other intellectual property right, or privacy right; or (4) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.

      L. Age Requirement and Ability to Accept Terms and Conditions

      You must be at least 13 years of age to use the Service. If you are not at least 13 years of age, then please do not use the Service. If you are at least 13 years of age but still a minor, then you need parental or guardian consent to use the Service.

      You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and you are folly able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

      M. Assignment

      These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Garfum without restriction.

      N. General Provisions

      You agree that: (1) the Service shall be deemed solely based in New Jersey, USA; and (2) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Garfum, either specific or general, in jurisdictions other than New Jersey. These Terms and Conditions shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and Garfum that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Monmouth County, New Jersey. These Terms and Conditions, Garfum’s Privacy Policy, and any other legal notices published by Garfum on the Service, shall constitute the entire agreement between you and Garfum concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Garfum’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Garfum reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

      YOU AND GARFUM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.

      O. Third Party Services

      You may enable various online services, such as social networking sites, to be directly integrated into your Garfum experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Garfum's use, storage and disclosure of information related to you and your use of such services within Garfum (including your friend lists and the like), please see our Privacy Policy at http://www.Garfum.com. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Garfum will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

      In addition, Garfum is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Garfum is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Garfum enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

      P. Posting and Sharing Content

      You may post and share Your Content through the Service. When posting Your Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Garfum relating thereto.

      Q. Commercial Use

      Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.

      Special Notice for International Use; Export Controls

      Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local roles and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

      R. Conduct of Users

      You are solely responsible for User Content that you stream, upload, post, (hereinafter, ”transmit“) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Garfum. Garfum reserves the right to investigate and take appropriate legal action against anyone who, in Garfum's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. As a condition for accessing and using the Service, you agree not to use the Service to:

      • Transmit any content that (a) is unlawful, obscene, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes any unsolicited or unauthorized advertising, promotional materials, ”junk mail,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ ”contents“, ”sweepstakes“ or any other form of solicitation

      • Harass any other user of the Service or to impersonate another person or entity by any means including by using her/his email address and password, or falsely state or otherwise misrepresent your affiliation with a person or entity

      • Violate any applicable local, state, national or international law, or any regulations having the force of law

      • Transmit or make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons

      • Engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files

      • Reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service

      • Solicit personal information from anyone under the age of 18

      • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications

      • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities

      • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service

      In case of any violation of the above, Garfum reserves the right to cancel your account and/or to block you from accessing the Service as well as to disclose any information as necessary to satisfy any law, regulation or governmental request, at its sole discretion. Garfum also reserves the right to block the distribution of User Content through the Service.

      S. Termination of Account

      You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Garfum may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be held liable for the cancellation of your account.

      Apple is in no way responsible for or associated with the promotion, nor do they sponsor, endorse, or administer the promotion.

      T. Description of Mobile Service

      Garfum provides a social mobile application that makes it easy to quickly capture, produce, and share bite-size videos with the world (collectively, such services, including any new features and applications, and the Site, the ”Service“). Unlike traditional video services, the Service allows users (”you“) to instantly create videos, share them with those who matter most. The real time video feeds, the Service delivers an engaging, premium user experience on just about any device (iPhone, Android, Windows Mobile, and more). The Service is a life-streaming videos.

      Garfum provides, for your non-commercial personal use, a customizable website designed to enable you to search, select and display content such as videos, audio, through the Service. The Service enables you to create, submit and share content, information, data, text, video, messages or other materials comments, feeds (”Your Content“).

      Garfum reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Garfum will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

      Mobile Services: The Service includes certain services that are available via a mobile device, including (1) the ability to upload content to the Service via a mobile device, (2) the ability to browse the Service from a mobile device and (3) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.

       

      Garbucks Terms & Conditions

      Garbucks Terms & Conditions

      1. Garbucks and Garbucks Rewards are subject to these Terms and Conditions as well as Garfum Terms and Conditions and void where prohibited.

      2. Only individuals that the legal residents of the fifty (50) United States (including District of Columbia) are eligible to join Garbucks Rewards.

      3. You will earn one Garbuck every time you vote for a video. There is a limit of earning 20 Garbucks per day per registered user. There is also a limit of 50 Garbucks per household per day. There is no limit on the amount of times you have vote on different videos but when the daily maximum is reached you will not receive additional Garbucks.

      4. Garbucks are not transferable and have no cash value unless redeemed for an actual cash reward as featured in the rewards center and are non-transferable.

      5. Garbucks may only be redeemed for items offered in the Garfum Rewards Center. The items offered in the Garfum Rewards Center are limited and subject to availability. In addition, exact merchandise may not always be available and Garfum reserves the right to substitute reward merchandise for items of equal or greater value.

      6. Users may only maintain Garbucks in one Garfum account and cannot be combined with other members or accounts.

      7. Garfum may adjust Garbucks balances to correct computing errors or exploits and may suspend or terminate users’ access to Garbucks and Garfum for violating Garfum’s Terms of Service.

      8. Garfum may, at any time, terminate or modify the Program and program rules without any further obligations to members.

      9. Garfum can change these Terms and Conditions, regulations, benefits, conditions of participation, or Garbuck levels for rewards, in whole or in part, at any time without notice.

      10. Garfum reserves the right to prevent you from using the Garfum site’s service (or any part of them) and to prevent you from making any purchase, determined in our sole discretion.

      11. Corporations or other business entities are not eligible for the use of Garbucks. Garbucks may not be resold or used for any commercial purpose.

      12. Member agrees not to abuse Garfum privileges by conduct which is detrimental to the interests of Garfum including without limitation attempting to accrue Garbucks or spend Garbucks in a manner inconsistent with the rules of Garfum or intent of this Agreement, having multiple accounts, attempting to earn Garbucks through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Garfum award links.

      13. Garfum reserves the right to terminate or disable, at Garfum’s sole discretion, any Garfum membership if Garfum believes such Member has violated or acted inconsistently with the rules of Garfum or intent of this Agreement. Member understands and agrees disabling of membership will result in Member’s inability to redeem and/or earn Garbucks. Member understands and agrees termination of membership will result in the cancellation of all of Member’s Garbucks.

      14. Garfum shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.

      15. Garfum reserves the right to adjust your Garbuck balance with award reversals for items returned by any postal or Delivery Company or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your Garfum account.

      16. Garbucks may be spent only on rewards as offered on the Garfum website at the time of redemption.

      17. Garfum is not responsible for lost or stolen rewards once shipped.

      18. The number of Garbucks required to redeem for a reward are subject to change at any time without notice. Rewards are subject to change at any time without notice. Once used to claim a reward, Garbucks will not be reinstated to Member’s account.

      19. Member inquiries regarding rewards ordered and not received must be received by Garfum within three months after the initial redemption date. Thereafter, Garfum will have no obligation to re-send rewards to the Member.

      20. Garbucks will be subtracted from Member’s account once the redemption order is placed by the member and captured by the Garbucks system.

      21. It can take up to four weeks for you to receive your merchandise. Merchandise will only be shipped to the 48 contiguous states. Will not ship merchandise to an APO/FPO/PO Box.

      22. In conjunction with spending Garbucks for rewards, Member agrees to confirm that all information in Member’s personal profile is up to date and accurate.

      23. Member agrees to promptly notify Garfum of any change in Member’s address (mail or email) or personal profile by updating his or her personal information in the My Profile section of the Website under My Account. Member’s discontinued participation in Garbucks or failure to notify Garfum of any address (mail or email) or profile changes may result in the termination of Member’s membership and forfeiture of Member’s unredeemed Garbucks.

      24. Garfum reserves the right to cancel or disable accounts and expire unredeemed Garbucks in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (click thru), survey completion, profile update or any Garbuck-earning or spending transaction

      25. Garfum reserves the right to limit the opportunities to earn Garbucks available to Member while Member remains inactive.

      26. Garfum may assign, transfer or otherwise dispose our rights and obligations under this agreement, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Garfum Rewards Center or any part of the Garfum Rewards Center.

      27. Any user deemed to be participating in any manner that does not comply with this contract may be disqualified from the Garfum Rewards Center and any other current or future. You will not work around any technical limitations in the Program. You will not disassemble, decompile or reverse engineer any software, except and only to the extent that the applicable copyright law expressly permits this activity. You must comply with this contract, as determined by Garfum, to receive and redeem Garbucks through the Program. You may not use any service intended to obfuscate your true IP address or your location. Garfum reserves the right to disqualify you; disable your access to the Program or your Account; and/or withhold credits, Rewards and charitable contributions, if Garfum believes you are tampering with or abusing any aspect of the Program or are otherwise suspected of activities that violate this contract or are otherwise unlawful. Garfum reserves the right to remove a third party from the Rewards offerings for reasons as determined by Garfum including if Garfum suspects such third party of activities that violate this contract or are otherwise unlawful. All questions or disputes regarding the Program, including, without limitation, those involving eligibility, participation, fraud and abuse, will be resolved by Garfum, whose decisions shall be binding on users.

      28. This agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

      29. Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in Garfum if and to the extent that such participation is permitted by such laws, rules, and regulations. Garfum refuses to enroll Member, or to restrict, modify, or terminate Member’s participation in Garfum, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member’s participation in Garfum could violate any law, rule, or regulation.