SellMeGiftCard's Terms of Service

Last update: June 2017


Welcome to SellMeGiftCard.com. SellMeGiftCard.com is an online marketplace for gift cards run by SellMeGiftCard Inc .

The following terms and conditions (these "Terms of Service"), govern your access to and use of the SellMeGiftCard website, including any content, functionality and services offered on or through www.SellMeGiftCard.com (the "Site"), by SellMeGiftCard Inc.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here Privacy Policy , incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the SellMeGiftCard services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.

Modification of Terms of Use.

 We reserve the right at all times to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, in our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on SellMeGiftCard. We suggest that you revisit our Terms of Use page on SellMeGiftCard from time to time to ensure that you stay informed of any changes to our Terms of Use. Your use of SellMeGiftCard after we update the Terms of Use and post it on SellMeGiftCard will constitute your acceptance of the modified Terms of Use.

Use of SellMeGiftCard to Sell Gift Cards

(a) Seller’s Representations and Warranties. As a Seller, you represent and warrant that:

  • Any Gift Card submitted for sale on SellMeGiftCard is a valid and authentic Gift Card and is only being submitted for sale on SellMeGiftCard;
  • Any Gift Card submitted for sale on SellMeGiftCard is redeemable for the balance stated in connection with the Sale Transaction;
  • You have not in any way retained a way to redeem the Gift Card after the Sale Transaction;
  • The Gift Card and any interest therein is fully transferable to the Buyer in the manner contemplated by these Terms of Use and any applicable Retailer terms of use;
  • You are the sole lawful owner of the Gift Card and all interests thereto and that the Gift Card has been obtained in a lawful manner;
  • The Gift Card is not subject to any liens, obligations, restrictions or encumbrances of a third party;
  • The Gift Card is in your physical possession or, in the case of electronic Gift Cards, in your sole control;

(b) General Rules of Conduct on SellMeGfitCard. By using SellMeGiftCard, you agree to the following rules when visiting or transacting on SellMeGiftCard:

  • You may not use more than one Email address on SellMeGiftCard;
  • You may not use or redeem any Gift Card you submited for sale on SellMeGiftCard;
  • You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally and in accordance with any applicable terms and conditions of such Gift Card;
  • You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on SellMeGiftCard; and
  • You may not use SellMeGiftCard in any manner that is illegal, fraudulent or otherwise inconsistent with, or in violation of, the Terms of Use or applicable law.

(c) Selling Gift Cards. When you sell a Gift Card on SellMeGiftCard, you agree to transfer ownership of the Gift Card and all of your interest in the Gift Card to the buyer in return for a payment in the amount designated in the Gift Card order transaction on SellMeGiftCard.

Authorized Use & Termination of Access.

You can use SellMeGiftCard only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, SellMeGiftCard grants you a limited, nonexclusive, non-sublicenseable license to access and use SellMeGiftCard solely for the purpose of selling or managing Gift Cards or receiving other available services and features on SellMeGiftCard. This limited use and access license is revocable at any time by us.

Your Member Account with SellMeGiftCard and any access to the products, services and/or any portion of our Site, is and shall remain at the sole and absolute discretion of SellMeGiftCard. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of SellMeGiftCard and any of the services provided on SellMeGiftCard for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after termination of your Member Account or access to SellMeGiftCard, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to termination. We reserve the right to terminate or change any of the services available on SellMeGiftCard.

Prohibited Activity.

In connection with using or accessing SellMeGiftCard, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):

(a) Modify, alter or otherwise make any derivative uses of the SellMeGiftCard content, trademarks, technology platform or its underlying software, or any portion thereof;

(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the SellMeGiftCard technology platform or its underlying software;

(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with SellMeGiftCard, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;

(d) Infringe upon or violate the rights of SellMeGiftCard, its users, third parties or Retailers;

(e) Download, copy or imitate any portion of the SellMeGiftCard technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by SellMeGiftCard;

(f) Use SellMeGiftCard in any way that could damage, disable, overburden, place excessive demand on or impair our Site, or any services we offer via SellMeGiftCard;

(g) Attempt to gain unauthorized access to (i) any Member’s personal information (ii) SellMeGiftCard including but not limited to any SellMeGiftCard accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;

(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;

(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;

(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;

(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;

(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and SellMeGiftCard Members’ security;

(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other SellMeGiftCard or any other similar type of solicitation not approved of by SellMeGiftCard in writing;

(n) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use SellMeGiftCard in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;

(o) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to SellMeGiftCard, its other members or partners;

(p) Use SellMeGiftCard other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.

Your Liability – Actions We May Take and Fees We May Assess.

(a) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of SellMeGiftCard.

(b) Actions We May Take – Related to Prohibited Activity or Any Breach of these Terms of Use. If SellMeGiftCard, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect SellMeGiftCard, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:

  • We may close, suspend or limit your access to SellMeGiftCard
  • We may refuse to allow you to be a Member or otherwise access SellMeGiftCard in the future;
  • We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
  • We may terminate any of Gift Card transactions on SellMeGiftCard and withhold any payments associated with such transactions;
  • We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
  • We may investigate any Prohibited Activity or breach of these Terms of Use and may notify and cooperate with appropriate law enforcement agencies;
  • We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of SellMeGiftCard with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
  • We may use information you provide us or related to your activity on SellMeGiftCard to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any SellMeGiftCard refund policy or member guarantee;
  • We may take legal action against you; and
  • We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.

(c) Actions We Take – Holds and Reserves on Funds and your Member Account.

i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Member Account to a court, government body, agency or third party, we may limit your Member Account, hold relevant funds and ultimately disburse funds as necessary.

ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account, under the following circumstances: (A) if we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (B) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on SellMeGiftCard, (C) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements). Our determination that you are a higher risk account may be based on a variety of factors, including your activity on SellMeGiftCard and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account, you will be informed of such reserve or hold. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.

Intellectual Property & Trademarks.

Unless otherwise indicated by us, the SellMeGiftCard Site and all content and other materials therein, including, without limitation, the SellMeGiftCard trademarks, logos and all other SellMeGiftCard designs, text, graphics, pictures, information, data, software, sound files, other files made available on SellMeGiftCard and the selection and arrangement thereof, and any documentation provided to you by or on behalf of SellMeGiftCard are the exclusive property of SellMeGiftCard. “SellMeGiftCard” and the SellMeGiftCard logo and any related slogans are SellMeGiftCard’s trademarks in the United States and may not be copied or used without the prior written permission of SellMeGiftCard. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any ownership in or license to any intellectual property rights, whether by estoppel, implication or otherwise.

Links to Other Websites.

SellMeGiftCard may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.

Disclaimer of Warranties & Waiver of Claims.

YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SELLMEGIFTCARD DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. SELLMEGIFTCARD MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS FREE OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLMEGIFTCARD OR ANY REPRESENTATIVE OF SELLMEGIFTCARD WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF SELLMEGIFTCARD OR SUPERCEDE ANY OF THESE TERMS OF USE.

Limitation on Liability

IN NO EVENT WILL SELLMEGIFTCARD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.