Terms of Service
Introduction
Welcome to Thankful Registry, owned and operated by Thankful Group LLC.
Thankful provides an open-platform, international gift registry service. You acknowledge that by using Thankful, you agree to comply with our Terms of Service. If you do not agree to these terms, please do not access or use Thankful. We may modify these terms at any time and such modifications shall become effective immediately upon posting.
Last Updated: June 1, 2023
Thankful provides an open-platform, international gift registry service. You acknowledge that by using Thankful, you agree to comply with our Terms of Service. If you do not agree to these terms, please do not access or use Thankful. We may modify these terms at any time and such modifications shall become effective immediately upon posting.
Last Updated: June 1, 2023
Responsible Use
As a user of Thankful, You are responsible for all activities that occur under Your account. You are required to:
- Use Thankful in a manner that is respectful of other users and third parties.
- Not to use Thankful to harass, threaten, defame, or violate the rights of others.
- Not to use Thankful to engage in or promote illegal, abusive, or irresponsible behavior.
- Report any violation of these Terms to Thankful.
Prohibition of Illegal, Violent and Hate Activities
Thankful may not be used to fund illegal activities, including but not limited to:
- Drug trafficking
- Human trafficking
- Money laundering
- Fraudulent schemes
- Other illegal activities as defined by the laws and regulations of the User's jurisdiction
Thankful strongly condemns and does not tolerate any form of violent extremism or hate activities. This includes, but is not limited to, the funding or promotion of:
- Terrorism, or activities that promote terrorism.
- Hate crimes, or activities that promote hate crimes.
- Violent extremist groups, or activities that promote such groups.
- Any form of harassment, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, age, sexual orientation, disability, or any other protected status.
Content
You understand that all postings, text, files, images, photos, video, sounds,
or other materials ("Content") posted on, transmitted through, or linked from the Service,
are the sole responsibility of the person from whom such Content originated. More specifically,
you are entirely responsible for each individual item ("Item") of Content that you post,
email or otherwise make available via the Service. You understand that Thankful does not control,
and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to Content that you deem inaccurate, misleading, or otherwise objectionable.
Furthermore, Thankful and Content available through the Service may contain links to other websites, which are completely independent of Thankful. Thankful makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree to bear all risks associated with the use of any Content. Under no circumstances will Thankful be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Thankful does not pre-screen or approve Content, but that Thankful shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Service, or for any other reason.
Furthermore, Thankful and Content available through the Service may contain links to other websites, which are completely independent of Thankful. Thankful makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree to bear all risks associated with the use of any Content. Under no circumstances will Thankful be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Thankful does not pre-screen or approve Content, but that Thankful shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Service, or for any other reason.
Third Party Content, Sites & Services
Thankful and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Thankful,
including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with companies and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such organizations, sites, and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Thankful shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and users, sites, or any third party, you understand and agree that Thankful is under no obligation to become involved. In the event that you have a dispute with one or more third party, sites, or organizations, you hereby release Thankful, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We may add an affiliate code to some eCommerce sites (e.g. Amazon.com) that results in small commissions being paid back to Thankful when users make purchases at those sites. This is at zero cost to our users. We do not use any third parties to do the code insertion, and we do not work with any sites that share personally identifiable information (e.g. name, address, etc.) via their affiliate programs. This means that no information is shared from Thankful to the sites. This affiliate process is a revenue-generating stream for Thankful.
You agree that Thankful shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and users, sites, or any third party, you understand and agree that Thankful is under no obligation to become involved. In the event that you have a dispute with one or more third party, sites, or organizations, you hereby release Thankful, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We may add an affiliate code to some eCommerce sites (e.g. Amazon.com) that results in small commissions being paid back to Thankful when users make purchases at those sites. This is at zero cost to our users. We do not use any third parties to do the code insertion, and we do not work with any sites that share personally identifiable information (e.g. name, address, etc.) via their affiliate programs. This means that no information is shared from Thankful to the sites. This affiliate process is a revenue-generating stream for Thankful.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated,
please notify Thankful for notice of claims of copyright or other intellectual property infringement at: privacy@thankfulregistry.com
Repeat Infringer Terms: In accordance with the DMCA and other applicable law, Thankful will terminate, in appropriate circumstances and at Thankful’s sole discretion, users who are deemed to be repeat infringers. Thankful may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Repeat Infringer Terms: In accordance with the DMCA and other applicable law, Thankful will terminate, in appropriate circumstances and at Thankful’s sole discretion, users who are deemed to be repeat infringers. Thankful may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Privacy & Information Disclosure
You acknowledge and agree that Thankful may, in its sole discretion,
preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Service;
respond to claims that any Content violates the rights of third-parties;
respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Thankful, its users or the general public.
Code of Conduct
You agree not to post, or otherwise make available Content on Thankful:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way
- That is pornographic or depicts a human being engaged in actual sexual conduct
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- That impersonates any person or entity
- That includes personal or identifying information about another person without that person's explicit consent
- That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- That constitutes or contains "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement
- That includes links to commercial services or web sites, except as allowed
- That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New York law
- 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
- That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose
- Digitally harass anyone
- Use racially, ethnically or otherwise, objectionable language
- Use libelous, defamatory, or otherwise tortuous language
- Collect personal data about other users for commercial or unlawful purposes
- Use the site for money laundering or any transmission of funds not expressly for the purposes of gifting to a legitimate registered site user
- Use stolen credit cards
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Thankful
- Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
- Attempt to gain unauthorized access to Thankful's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Thankful website
- Use any form of automated device or computer program that enables the submission of postings on Thankful without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals
- Use any form of automated device or computer program that enables the use of Thankful’s "purchasing system" or other registry system without each item being manually entered by the person that initiates the purchase, or use the “purchase tool” to remove items of competitors, or to remove items without a good faith belief that the items being flagged violates these TOU
Access & Use of the Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account,
if any, and are fully responsible for any and all activities that occur under your password or account.
You agree to (a) immediately notify Thankful of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session when accessing the Service.
Thankful will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage: You acknowledge that Thankful may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that registries, data or other content will be retained by the Service and the maximum storage space that will be allotted on Thankful’s servers on your behalf. You agree that Thankful has no responsibility or liability for the deletion or failure to store any data or other content maintained or posted to the Service. You acknowledge that Thankful reserves the right to terminate accounts that are unpaid or inactive for an extended period of time. You further acknowledge that Thankful reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Thankful Service Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to make an individual payment or select a payment plan and provide Thankful information regarding your credit card, PayPal information or other payment instrument. For example, users will be charged a service fee (“Service Fees”) for the registry service and registry account. You represent and warrant to Thankful that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Thankful the amount that is specified in the Service or payment plan in accordance with the terms of such plan and this Terms of Service. If you dispute any charges or Service Fees you must let Thankful know within sixty (60) days after the date that Thankful charges you. We reserve the right to change Thankful’s prices. If Thankful does change its Service Fees, Thankful will provide notice of the change on the Site or in email to you, at Thankful’s option, at least 7 days before the change is to take effect. Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the changed amount.
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
General Practices Regarding Use and Storage: You acknowledge that Thankful may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that registries, data or other content will be retained by the Service and the maximum storage space that will be allotted on Thankful’s servers on your behalf. You agree that Thankful has no responsibility or liability for the deletion or failure to store any data or other content maintained or posted to the Service. You acknowledge that Thankful reserves the right to terminate accounts that are unpaid or inactive for an extended period of time. You further acknowledge that Thankful reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Thankful Service Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to make an individual payment or select a payment plan and provide Thankful information regarding your credit card, PayPal information or other payment instrument. For example, users will be charged a service fee (“Service Fees”) for the registry service and registry account. You represent and warrant to Thankful that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Thankful the amount that is specified in the Service or payment plan in accordance with the terms of such plan and this Terms of Service. If you dispute any charges or Service Fees you must let Thankful know within sixty (60) days after the date that Thankful charges you. We reserve the right to change Thankful’s prices. If Thankful does change its Service Fees, Thankful will provide notice of the change on the Site or in email to you, at Thankful’s option, at least 7 days before the change is to take effect. Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the changed amount.
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Spam
You understand and agree that sending unsolicited email advertisements to Thankful
email addresses or through Thankful computer systems, which is expressly
prohibited by these Terms, will use or cause to be used servers. Any unauthorized
use of Thankful computer systems is a violation of these Terms and certain federal
and state laws, including without limitation the Computer Fraud and Abuse Act
(18 U.S.C. å¤ 1030 et seq.), Section 502 of the California Penal Code and Section
17538.45 of the California Business and Professions Code. Such violations may
subject the sender and his or her agents to civil and criminal penalties
Taxation Responsibilities
Thankful is a platform that facilitates gift registries and does not provide tax,
legal, or financial advice in any jurisdiction. It is the sole responsibility of each user to assess
and understand their own taxation responsibilities, including but not limited to any tax
implications related to cash gifts received through the platform. Thankful does not
warrant or guarantee the accuracy or completeness of any tax-related information
provided on the platform.
Users are strongly advised to consult with a qualified tax professional or seek independent legal or financial advice to determine their specific taxation obligations, including reporting and payment of any taxes owed, and compliance with applicable laws and regulations. Thankful shall not be liable for any tax liabilities, penalties, or consequences incurred by users arising from the use of the platform or any cash gifts received through the platform, including but not limited to any failure to report or pay taxes on such gifts.
By using Thankful, users acknowledge and agree that they are solely responsible for their own taxation responsibilities and that Thankful shall not have any liability or responsibility in connection therewith.
Users are strongly advised to consult with a qualified tax professional or seek independent legal or financial advice to determine their specific taxation obligations, including reporting and payment of any taxes owed, and compliance with applicable laws and regulations. Thankful shall not be liable for any tax liabilities, penalties, or consequences incurred by users arising from the use of the platform or any cash gifts received through the platform, including but not limited to any failure to report or pay taxes on such gifts.
By using Thankful, users acknowledge and agree that they are solely responsible for their own taxation responsibilities and that Thankful shall not have any liability or responsibility in connection therewith.
Limitations on Service
You acknowledge that Thankful may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service,
the maximum number and size of registered items, images, or other Content that
may be transmitted or stored by the Service, and the frequency with which you may
access the Service. You agree that Thankful has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted by the Service. You
acknowledge that Thankful reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Thankful shall not be
liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
Access to the Service
Thankful grants you a limited, revocable, nonexclusive license to access the Service
for your own personal use. This license does not include: (a) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor any
use of data mining, robots, spiders, or similar data gathering and extraction tools
for any purpose unless expressly permitted by Thankful.
Termination of Service
You agree that Thankful, in its sole discretion, has the right (but not the obligation) to
delete or deactivate your account, block your email or IP address, or otherwise
terminate your access to or use of the Service (or any part thereof), immediately and
without notice, and remove and discard any Content within the Service, for any
reason, including, without limitation, if Thankful believes that you have acted
inconsistently with the letter or spirit of the Terms of Service. Thankful may also in its
sole discretion and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to the Service
under any provision of this Terms of Service may be effected without prior notice, and
acknowledge and agree that Thankful 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. Further, you agree that Thankful shall not be
liable to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is protected by
copyright as a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express written consent of
Thankful. You further agree not to reproduce, duplicate or copy Content from the
Service without the express written consent of Thankful, and agree to abide by any
and all copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service. The Thankful logo is a registered mark in the U.S. Patent and Trademark Office.
Disclaimer of Warranties
You agree that use of the Thankful website and the Service is entirely at your own
risk. The Thankful website and Service are provided on an "as is" or "as available"
basis, without any warranties of any kind. All express and implied warranties,
including, without limitation, the warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary rights are expressly disclaimed to the
fullest extent permitted by law. To the fullest extent permitted by law, Thankful
disclaims any warranties for the security, reliability, timeliness, accuracy, and
performance of the Thankful website and the Service. To the fullest extent permitted
by law, Thankful disclaims any warranties for other services or goods received
through or advertised on the Thankful website, or accessed through any links on the
Thankful website. To the fullest extent permitted by law, Thankful disclaims any
warranties for viruses or other harmful components in connection with the Thankful website
or the Service.
Thankful makes no warranty that (i) the Service will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Thankful makes no warranty that (i) the Service will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liabilities
Under no circumstances shall Thankful be liable for direct, indirect, incidental,
special, consequential or exemplary damages (even if Thankful has been advised of
the possibility of such damages), resulting from any aspect of your use of the
Thankful website or the Service, whether the damages arise from (i) use or misuse of
Thankful or the Service; (ii) the use or the inability to use the Service; (iii) the
interruption, suspension, modification, alteration, or termination of Thankful or the
Service; (iv) the cost of procurement of substitute goods and services resulting from
any items, goods, products, or services not available for purchase through third party
sites; (v) damage to personal or real property caused by a user of the service; (iv)
unauthorized access to or alteration of your transmissions or data. Such limitation
shall also apply with respect to damages incurred by reason of other services or
products received through or advertised in connection with Thankful or the Service or
any links on the Thankful website, as well as by reason of any information or advice
received through or advertised in connection with Thankful or the Service or any links
on the Thankful website, or any other matter relating to the Service. These limitations
shall apply to the fullest extent permitted by law. In no event will Thankful total liability
to you for all damages, losses or causes of action exceed the amount you have paid
Thankful.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the service.
Indemnity
You agree to indemnify and hold Thankful, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable attorney fees
and court costs, made by any third party due to or arising out of Content you submit,
link to or make available through the Service, your use of the Service, your violation
of the Terms of Service, your breach of any of the representations and warranties
herein, or your violation of any rights of another.
General Information
These Terms of Service constitute the entire agreement between you and Thankful
and govern your use of the Service, superseding any prior agreements between you
and Thankful. The Terms and any claim arising therefrom shall be governed by the
laws of the State of New York without regard to its conflict of law provisions. You and
Thankful agree to submit to the personal and exclusive jurisdiction of the courts
located within the State of New York, United States of America. The failure of Thankful
to exercise or enforce any right or provision of the Terms shall not constitute a waiver
of such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Violations
Violations of these Terms may result in the suspension or termination of your access
to Thankful. Thankful reserves the right to remove any content that violates these
Terms and to cooperate with law enforcement authorities and third parties in the
investigation of alleged wrongdoing, including disclosing the identity of the User that
Thankful deems responsible for the wrongdoing.
Please report any violations by email: privacy@thankfulregistry.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Please report any violations by email: privacy@thankfulregistry.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Your Privacy
We respect the privacy of our users. For details please see our Privacy Policy. By
using the Service, you consent to our collection and use of personal data as outlined therein.
Changes to these Terms
We may update our Terms from time to time. We will notify you of any changes by
posting the new Terms on this page. We will let you know by updating the "Last
updated" date at the top of this page. You are advised to review this page periodically
for any changes. Changes to these terms are effective when they are posted on this page.
Contact Us
If you have any questions about your data, your account or this page, please contact
us at privacy@thankfulregistry.com.