Terms of Service (TOS)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
Thank you for visiting Surprise.com (the "Site"). BY USING THIS SITE, YOU AGREE
TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL OTHER POLICIES
DESCRIBED ON THE SITE.
Surprise.com hosts a comprehensive listing of gift ideas and information on
thousands of products and services.
These terms may be changed from time to time and without further notice. Your
continued use of the Site after any such changes constitutes your acceptance of
the new terms. If you do not agree to abide by these or any future terms,
please do not use the Site or download materials from it.
Surprise.com may terminate, change, suspend, or discontinue any aspect of the
Site, including the availability of any features, at any time with or without
notice. Surprise.com may remove, modify, or otherwise change any content,
including that of third parties, on or from the Site. Surprise.com may impose
limits on certain features and services or restrict your access to parts or all
of the Site without notice or liability. Surprise.com may terminate your use of
the Site at any time at its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not
alter the terms or conditions of any other agreement you may have with
1. Proprietary Rights and Copyrights
All Content of this Site, including but not limited to design, text, software,
technical drawings, configurations, graphics, other files, and their selection
and arrangement, audio and video clips available on this website ("Content") is
the property of Surprise.com or its Content providers and protected by U.S. and
International Copyright laws. All rights reserved. The Content of this Site may
not be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without Surprise.com's prior written permission,
except that you may download and print content for noncommercial or
informational uses that are not competitive with or derogatory to Surprise.com,
provided that you keep all copyright or other proprietary notices intact. Any
other use, including but not limited to the reproduction, modification,
distribution, transmission, republication, display, or performance of the
Content for any other purposes is strictly prohibited. Please note that this
limited consent may be revoked at any time and does not include consent to
republish Site information on the Internet or any Intranet or Extranet site or
to incorporate the information in any other database or compilation. Any other
use of the Content of this Site is strictly prohibited. You further agree that
you will not systematically extract, collect, or harvest, through electronic
means or otherwise, any data or data fields from this Site, including but not
limited to customer identities.
"Surprise.com," other graphics, logos, and service names used on this Site by
Surprise.com are trademarks or registered trademarks of Surprise.com and may
not be copied, imitated, or used, in whole or in part, without the prior
written permission of Surprise.com. All page headers, custom graphics, button
icons, and scripts are service marks, trademarks, and/or trade dress of
Surprise.com and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of Surprise.com. Other trademarks,
registered trademarks, product names, and company names or logos displayed on
this Site are the property of their respective owners.
Any software, including any files, images generated by the software, code, and
data accompanying the software (collectively, "Software"), used or accessible
through this Site may be used by you solely for accessing and using this Site
for purposes expressly stated on the Site, provided that such uses are not
competitive with or derogatory to Surprise.com. Surprise.com retains full and
complete title to all intellectual property rights in the Software. You agree
not to copy, distribute, sell, modify, decompile, reverse engineer,
disassemble, or create derivative works from any Software.
collects when you visit the Site and how Surprise.com uses that information.
4. User Conduct
In using this Site, you agree:
- not to disrupt or interfere with the
security of, or otherwise abuse, the Site, or any services, system resources,
accounts, servers, or networks connected to or accessible through the Site or
affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Site or
affiliated or linked websites;
- not to upload, post, or otherwise transmit through or on this Site any viruses
or other harmful, disruptive, corrupted, or destructive files;
- not to use or attempt to use another's account, service, or system without
authorization from Surprise.com, or create or use a false identity on this
- not to transmit through or on this Site spam, chain letters, junk mail,
surveys, contests, pyramid schemes, or any other type of unsolicited mass email
to people or entities who have not agreed to be part of such mailings; and,
- not to attempt to obtain unauthorized access to the Site or portions of the
Site which are restricted from general access.
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted under your account, and that you will
comply with all applicable local, state, national and international laws and
regulations, including but not limited to United States export restrictions,
that relate to your use of or activities on this site.
5. Linking To Other Sites
Surprise.com contains links to other websites. When you click on one of these
links you access a website that is owned by an entity other than Surprise.com.
Surprise.com is not responsible for the content, services, or products
available on or through any such linked site.
This Site may from time to time contain material, data, or information provided,
posted, or offered by third parties, including but not limited to
advertisements or postings in online community discussions. You agree that
neither Surprise.com nor its affiliates shall have any liability whatsoever to
you for any such third-party material, data, or information.
THIS SITE, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH IT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EXPRESSED
OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INFORMATION, SERVICES,
AND PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURPRISE.COM AND
ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT
YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT SURPRISE.COM DOES NOT CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE.
EXCEPT AS OTHERWISE AGREED IN WRITING, SURPRISE.COM AND ITS AFFILIATES ASSUME
NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR
PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, SURPRISE.COM DOES NOT
OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ACTIVITY RELATED TO THE USE OF
THE PRODUCTS, SERVICES, INFORMATION, AND CHARGE/CREDIT CARD SERVICES OFFERED ON
SURPRISE.COM DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR
DOES SURPRISE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
SURPRISE.COM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF
CONTENT OR EMAIL, ERRORS, SYSTEM DOWNTIME, MISDELIVERIES OF CONTENT OR EMAIL,
NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY
THE NEGLIGENCE OF SURPRISE.COM, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN
ERRORS AND/OR OMISSIONS.
SURPRISE.COM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF
INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SURPRISE.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
SURPRISE.COM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF
OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS WEBSITE, OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF SURPRISE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
7. Copyright Policy and Copyright Agent
It is Surprise.com's policy to respect the copyright and intellectual property
rights of others. Surprise.com may remove content that appears to infringe the
copyright or other intellectual property rights of others. In addition,
Surprise.com may terminate the accounts of users who appear to infringe the
copyright or other intellectual property rights of others.
All Content is protected by copyrights, trademarks, service marks, patents, or
other intellectual property and proprietary rights and laws, and is owned by
Surprise.com or its licensors. You acknowledge that the Site and any underlying
technology used in connection with the Site contains proprietary and
confidential information of Surprise.com. You may not copy, reproduce (except
as stated below), publish, distribute, create derivative works of, sell,
transfer, display, transmit, compile, or collect in a database, or in any
manner commercially exploit any part of the Content or the Site. You must abide
by all copyright notices, information, or restrictions contained in or attached
to any Content or portion of the Site. If you feel that any Content on the Site
infringes your copyrights, you may contact Surprise.com's copyright agent at
the following address:
133 S. California Ave. #C202
Palo Alto, CA 94306
By email: copyright@Surprise.com
Please be sure to include the following information: (a) a description of the
copyrighted work you allege is being infringed upon (and registration
information if such work is registered with the copyright office); (b) the
location of the allegedly infringing material on the Site; (c) your signature
(digital or hard-copy), (d) your address, telephone number, and email address,
and (e) a statement (notarized if possible and made under penalty of perjury
that): (1) you are the copyright owner or are authorized to act on the
copyright owner's behalf; (2) you believe in good faith that the rights of the
copyright owner are being infringed, and that the uses of the allegedly
infringing material are not authorized (either by the copyright owner, its
agents, or applicable law).
8. Changes to Site or Terms of Service ("TOS")
The Site is currently accessible to users without charge; however, Surprise.com
reserves the right to charge for one or more portions of the Site in the
future. (Surprise.com will notify you of any fees associated with any portion
of the Site, and require you to subscribe to such portion of the Site, prior to
charging you any fees.)
9. Failure to Comply with TOS
You acknowledge and agree that Surprise.com may suspend or terminate your
membership account and/or deny you access to, use of, or submission of Content
for, all or part of the Site, without prior notice, if you engage in any
conduct that Surprise.com believes, in its sole discretion: (a) violates any
term or provision of the TOS; (b) violates the rights of Surprise.com or third
parties; (c) or is otherwise inappropriate for continued access and use of the
Site. In addition, Surprise.com reserves the right to terminate inactive
membership accounts. You agree that upon termination, we may delete all
information related to your account and may bar your access to your account and
You may discontinue your participation in and access to the Site at any time.
The TOS will continue to apply to all past use of the Site by you, even if you
are no longer using it.