Terms of Service

Welcome to SomeoneSpoilMe.com.  We hope you are enjoying our site and finding great gifts to spoil yourself and others.  This site is owned by SomeoneSpoilMe.com, LLC.  There are certain terms that both of us must abide by, so please read these carefully.  If you have any questions or concerns, please contact us.

1. Acknowledgment and Acceptance of Terms

SomeoneSpoilMe.com (referred to herein as  "Site", "SSM", "we" or "us") is provided by SomeoneSpoilMe.com, LLC, subject to the within Terms of Services and any subsequent modifications.  By using this site, the User (referred to herein as "user" or "you") is deemed to have agreed to these terms and conditions of use.  SomeoneSpoilMe.com may modify the Terms of Service from time to time without actual notice to you. All such changes to these Terms and Conditions will appear on the site.  By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Service, simply discontinue using our site.   Use of the Services is void where prohibited. This Site is intended solely for users thirteen years of age or older. By using this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

2. Registration and Passwords

Once you sign up to be a part of our wonderful, stylish community, you complete a registration in which you create your own password and account.  You will be required to provide a valid email address and to provide true and accurate information.  We will not tell anyone your unique identifier and ask that you do the same.  You are responsible for all activities that occur under your password. So don't tell!!

3. Your Content

You are solely responsible for what you write on your My SSM page. This includes any data, text, graphics, messages, or other materials ("Content"), which are transmitted, posted, or distributed by you through the Site, including but not limited to the contents of your My SSM page, your information or your reviews.  SomeoneSpoilMe.com does not control the Content posted by any users through the Site and therefore cannot and does not warrant or guarantee the accuracy, integrity or quality of such Content. We do not pre-screen, monitor, review or edit the Content posted by users, although we have the right (but not the obligation) in our sole discretion to refuse or remove any or part of any Content that violates the Terms of Service or is in any manner inappropriate. SomeoneSpoilMe.com is not liable for any removal or not removal of any such Content.
Under no circumstances will SomeoneSpoilMe.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for 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 via the Site.
By posting any Content on the Site you are granting to SomeoneSpoilMe.com, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Site and to third parties with whom the Site has a relationship. You also grant SomeoneSpoilMe.com the right to download and print all or part any Content that you post.
You understand and agree that SomeoneSpoilMe.com may preserve and or disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Site, its users or the public.

4. Copyright and Infringement Policy

You must abide by all copyright notices or other restrictions contained on the Site.  You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by any other person or entity without prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Site without your permission or in any way that constitutes copyright infringement, you must provide us with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact SomeoneSpoilMe.com.

5. Notices

We may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to us by e-mail or as otherwise expressly provided.  We may broadcast, distribute or display notices or messages through the Site to inform you of changes to the Terms of Service, the Site, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

6. Privacy Policy

We respect your privacy and have set forth our privacy policy under the Privacy Policy page on our Site.

7.  Security

You will create your own account and password and therefore you are solely responsible for maintaining its confidentiality. You will be solely responsible for any and all activities that occur under your account. You may change your password and account information at any time by going to your My Account page once you registered. You may also set up a new account at your convenience. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform us of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until we are notified of a breach in security, you will remain liable for any unauthorized use of the Site through your account. In consideration for using the Site you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, we reserve the right to terminate your account immediately and your right to use the Site.

8. User Conduct: Be Respectful and Act Appropriately

You must use the Site only in a lawful and respectful manner. SomeoneSpoilMe.com reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Site. Your use of the Site is subject to all applicable local, state, national and international laws and regulations.  When using the Site you agree not to:

A) Use any feature of the Site for chain letters, junk mail, or "Spamming" or make any use of the distribution lists without express permission. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited. If you believe that other users are using the Site for Spam, please notify us immediately;

B) Use any feature of the Site illegally or improperly or in violation of any local state national or international law;

C) Interfere or disrupt any networks, servers of the Site or of any third party sites connected to the Site or violate the regulations, policies or procedures of such networks or third party sites;

D) Post, upload, publish or transmit any Content or material of any kind that is unlawful, harassing, defamatory, hateful, intimidating, abusive, embarrassing, libelous, deceptive, fraudulent, threatening, harmful, vulgar, obscene, sexually explicit, or in any way in harmful to minors;

E) Harvest or otherwise collect information about other users, including e-mail addresses, without their consent or invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Site; Upload, post, publish, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

F) Transmit through the Site any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

G) Interfere with another user's use and enjoyment of the Site; or defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;

H) Create a false identity for the purpose of misleading others as to your identity or the origin of a message;

I) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Site any directory of SomeoneSpoilMe.com users or information or any portion thereof other than in the context as permitted under these Terms of Service;

J) Transmit or upload any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code or programs deigned to destroy, interrupt or limit the performance of any computer software or hardware.  Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site through password mining or any other means; or intercept or expropriate any system, data or personal information;

K) Engage in any other conduct which in any way is inappropriate, unlawful unauthorized or objectionable as determined in the sole discretion of SomeoneSpoilMe.com.

9. Violation of Terms By Other Users

To help ensure that all users follow these Terms of Service, please report any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us.

10. Abuse of the Service

Your right to use the Site is personal to you. You agree not to resell or make any commercial use of the Site without our express consent. You may not create bots or other computer generated automatic tools to abuse the Site in any manner. "We, in our sole discretion, shall determine actions that constitute abuse. SomeoneSpoilMe.com reserves the right to terminate your account if we determine that you have not complied with these Terms of Service.

11. Indemnification

You agree to indemnify and hold harmless SomeoneSpoilMe.com, its subsidiaries, affiliates, officers, members, employees, agents, directors, successors and assigns from any and all claims, actions or demands, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and or violation of these Terms of Service, infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person, or entity or violation of any federal, state or local law or regulation.

12. Termination

You may terminate your participation on the Site at any time for any reason effective immediately.  SomeoneSpoilMe.com may terminate the Site or your use of the Site with or without cause at any time and effective immediately, at its sole discretion.  SomeoneSpoilMe.com shall not be liable to you or any third party for termination of the Site or your usage of the Site.  Should you object to any terms and conditions of the Terms of Service or any subsequent modifications or become dissatisfied in any way, your only recourse is to immediately: (1) discontinue use of the Site; and (2) notify the Site of your termination and, at your discretion, provide the reasons for your termination. Upon termination of your use of the Site your right to use the Site shall cease immediately. You shall have no right and SomeoneSpoilMe.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.  All Terms of shall survive termination.

13. Interactions and Links to Third Parties

SomeoneSpoilMe.com shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Site including but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. SomeoneSpoilMe.com is under no obligation to become involved in disputes between participants on the Site or between participants on the Site any third party.
We provide gift ideas and a direct link to third parties so that you may purchase items directly from third parties we are not responsible in any manner for any products or for your experience with any web-site or third party retailer. We provide information on our site based on the information then available to us.  We in no way guarantee or verify the prices that the third party retailers charge for purchase or delivery or whether the items are in stock and available. These sites are not under our control.  You should read their policies to make sure you understand their policies and agree to them.  We are not responsible for the goods being in stock, the prices, your payment, the shipment, or the return policy of the third party.  After you link off of our site, our responsibility is done. Kaput!

14. DISCLAIMER OF WARRANTIES

BY USING THIS SITE YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AT YOUR SOLE RISK.  SOMEONESPOILME.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  SOMEONESPOILME.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOMEONESPOILME.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IT MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT SOMEONESPOILME.COM DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED OR SOLD BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES ADVERTISED OR DISPLAYED ON THE SITE BY OR FROM THIRD PARTIES OR CONTENT PROVIDED BY SOMEONESPOILME.COM, THIRD PARTIES OR OTHER USERS.  SOMEONESPOILME.COM ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, QUALITY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SITE.
SOMEONESPOILME.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SOMEONESPOILME.COM SITE   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOMEONESPOILME.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY

LIMITATION OF LIABILITY: BY SOMEONESPOILME.COM, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY THE USE OF ANY PRODUCTS OR SERVCES OFFERED OR ADVERTISED ON THE SITE EITHER AS A RESULT OF NEGLIGENCE OR OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE SOMEONESPOILME.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS SOMEONESPOILME.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY PRODUCTS OR SERVICES PURCHASED BY WAY OF USING THE SOMEONESPOILME.COM WEBSITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, SOMEONESPOILME.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SOMEONESPOILME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH SOMEONESPOILME.COM OR A THIRD PARTY THROUGH THE USE OF THE SITE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT SOMEONESPOILME.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

16. General Provisions

These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that SomeoneSpoilMe.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SomeoneSpoilMe.com's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SonmeoneSpoilMe.com in writing.  Any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

17. Modifications   

SomeoneSpoilMe.com reserves the right to modify or discontinue the Site with or without notice to you and shall not be liable to you for such modification or discontinuation.   It may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, SomeoneSpoilMe.com may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the Site.  By using the Site after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.

18. Intellectual Property

This Site is owned and operated by SomeoneSpoilMe.com, LLC and is protected by copyright and applicable trade laws and applicable intellectual property rights thereto including all worldwide rights, titles and interest are reserved as well as design and content.   Except as otherwise provided herein, you may not download or save a copy of the Site or any portion thereof, for any purpose.  However, you may print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties

19. Disclaimers

We provide you with the most stylish and most amazing gifts that anybody would want (in our opinion of course ☺).  We take time and care in selecting the best gifts for special people for special occasions.  We think we're pretty great... but nobody is perfect.  Please excuse us if we use certain terms incorrectly and if something may be misspelled (YES, We have heard of spell-check... but sometimes they don't catch everything!!).  So we are apologizing in advance.

Do we have a deal? If you are using our site, then we will assume that we do.  Now go on and Spoil Someone!!!!!

For legal matters please email legal@someonespoilme.com and for all other matters info@someonespoilme.com.