Updated 27 June 2012

1. General

Mystery Gift Machine Services are provided by Mystery Gift Machine (”Mystery Gift Machine”, ”we”, ”us”, “MGM”, and ”our”) to empower people to become better gift givers, increase gift giving efficiency, and explore new and fun ways of sending gifts. . The terms ”you” and/or ”user” refers to the person accessing our application and platform (the ”Mystery Gift Machine Platform” or “MGM Platform”) and using our services (”Mystery Gift Machine Services”, or “MGM Services”) or the company or organization on whose behalf a person accesses the Mystery Gift Machine Platform and uses Mystery Gift Machine Services.

In this Agreement (as defined below), “Mystery Gift Machine” means Mystery Gift Machine, PO Box 391032 Cambridge MA 02139.

2. The Agreement

A. By registering an account with Mystery Gift Machine (your ”Mystery Gift Machine Account”) and/or accessing the Mystery Gift Machine Platform from your mobile handset, your computer or other hardware (your ”Device”), and/or by accepting to connect the Mystery Gift Machine Platform to your Facebook or other social media/network (“Social Network”) account, and/or by at any time clicking “I AGREE” or such other button, link or click-through that signifies your assent to these Terms of Service, you signify your irrevocable acceptance of and agreement to these Terms of Service and to our Privacy Policy (available at http://www.mysterygiftmachine.com/privacy), which collectively form a legally binding agreement between you and Mystery Gift Machine (the ”Agreement”). Your right to use the Mystery Gift Machine Platform and/or Mystery Gift Machine Services pursuant to the provisions of this Agreement will continue until you remove our software from your Device or terminate your Mystery Gift Machine Account, unless your usage is otherwise terminated by Mystery Gift Machine in accordance with this Agreement. We urge you to read all provisions of this Agreement carefully before accessing the Mystery Gift Machine Platform. If you do not agree to the terms of this Agreement, you may not download Mystery Gift Machine software, access the Mystery Gift Machine Platform or otherwise use Mystery Gift Machine Services.

B. By registering a Mystery Gift Machine Account and accepting the terms of this Agreement, you confirm that you are:

· At least 18 years of age or

· Between 13 and 17 years of age and using the Mystery Gift Machine Platform and Mystery Gift Machine Services with the permission and consent of your parents or legal guardian.

C. We reserve the right to refuse to register a Mystery Gift Machine Account or to terminate a Mystery Gift Machine Account if these criteria are not met.

D. Your use of the Mystery Gift Machine Platform or Mystery Gift Machine Services on or through a Device owned or controlled by a company, organization or other person indicates your authority to access the same for and on behalf of such company or organization or other person, and you hereby represent and warrant that you have such authority, and agree to be bound by the Agreement. Any such use will evidence the irrevocable acceptance of, and agreement to, this Agreement by you, as well as such company, organization or other person. Additionally, any use of the Mystery Gift Machine Platform or Mystery Gift Machine Services by a company, organization or other person that is undertaken on your behalf, either at your direct or indirect request, direction or authorization, will evidence the irrevocable acceptance of, and agreement to, this Agreement by you.

3. The Mystery Gift Machine Platform and Mystery Gift Machine Services

The Mystery Gift Machine Platform empowers people to give great gifts by combining group funds and gift suggestions then picking and shipping a gift as an agent of a gift giving group. The Mystery Gift Machine Platform may directs unique gifts to gift recipients related to their group’s input, their profile, and their interests. The Mystery Gift Machine Platform and Mystery Gift Machine Services are made available on our website located at http://www.mysterygiftmachine.com/ and on Social Networks with which we have partnered and via third-party application stores.

A. Registering A Gift Giver Account

A.1 To be a Mystery Gift Machine Gift Giver (“Gift Giver”), you are required to register a Mystery Gift Machine Account and allow us to connect your Social Network account to the Mystery Gift Machine Platform. When registering for a Mystery Gift Machine Account, you agree to provide only accurate and complete information and to keep this information up-to-date.

A.2 Mystery Gift Machine relies on the relevant Social Network to authorize you as a user of Mystery Gift Machine Services. You are solely responsible for any and all access to your Mystery Gift Machine Account and the Mystery Gift Machine Platform by persons using your Social Network account. If someone other than yourself accesses your Mystery Gift Machine Account or the Mystery Gift Machine Platform by using your Social Network account or Social Network password, we will rely on that Social Network account and Social Network password and you agree that such access to the Mystery Gift Machine Platform will constitute access made by you personally. If you become aware that your Social Network account or Social Network password is being used without authorization, please notify us immediately by sending an email to support@MysteryGiftMachine.com.

A.3 Individuals and entities whose privilege to use Mystery Gift Machine Services has previously been terminated by Mystery Gift Machine may not register for another Mystery Gift Machine Account, nor may you allow any of those individuals or entities to use your Mystery Gift Machine Account on your behalf. Notwithstanding the foregoing, you agree that your use of your Social Network’s website is governed by the Social Network’s terms of use and its privacy policy, including, without limitation, password and account security policies.

A.4 By utilizing your Social Network credentials to log into the Mystery Gift Machine Platform or to use the Mystery Gift Machine Services, you expressly authorize Mystery Gift Machine to receive certain of your information that is available on or through your Social Network account, including, your profile information (including your profile photo), friends or follower names, privacy settings and certain other information that will be disclosed to you, and approved by you, during the log-in process; and you also authorize Mystery Gift Machine to generate and publish on your Social Network news feed and timeline (as applicable) actions you take on the Mystery Gift Machine Platform or while using the Mystery Gift Machine Services, and to allow you to interact with your Social Network friends on the Mystery Gift Machine Platform or while using the Mystery Gift Machine Services. You agree to allow each such Social Network to receive information concerning the actions you take on the Mystery Gift Machine Platform or your use of Mystery Gift Machine Services. In the event you no longer want the Mystery Gift Machine Platform or Mystery Gift Machine Services to publish your Mystery Gift Machine activity, or want to otherwise limit the ways in which the Mystery Gift Machine Platform or Mystery Gift Machine Services interact with your Social Network account, you can always disable aspects of this feature by changing your Social Network application settings.

B. Giving Gifts as a Gift Giver

B.1 Mystery Gift Machine Services offer Gift Givers the opportunity to give Gifts to be selected and purchased by Mystery Gift Machine from various third-party businesses (”Merchants”) and to be shipped to a specific Gift Recipient (“Gift Recipient”)on behalf of a Gift Giving Group comprised of 2 or more Gift Givers (“Gift Group”).

If you as a Gift Giver contribute money to a Gift but fail to find at least 1 other Gift Giver to contribute towards your Gift, MGM will notify you and automatically refund 100% of your funds as soon as reasonably possible and within 30 days. If we believe we may not be able to provide satisfactory services to the Gift Giver or provide the Gift Recipient with a high quality gift, we may, at our discretion, notify you of our decision to not provide MGM services and automatically refund 100% of your funds within 30 days.

B. 2 Given that a Gift Group has successfully formed, MGM will select and purchase a Gift from Merchants and ship it to the Gift Recipient at an address to be designated by a Gift Giver in the Gift Group. MGM aims to ensure that Gifts are sent to correct addresses for each Gift, but it is the responsibility of Gift Givers to ensure that an appropriate recipient address is provided to the MGM Service. If no Gift Giver volunteers an address for a Gift, MGM cannot ship the Gift, and the Service will return 100% of Gift Giver contributions automatically. If the Gift Givers provide MGM with an erroneous shipping address, MGM is not responsible for additional costs incurred in correcting the error.

B. 3 The MGM Service will send an electronic notification to all Gift Givers detailing how much money the Gift Group collected (“Group Proceeds” or similar), how much MGM spent on behalf of the Gift Group (“Group Spend” or similar), and when the Gift is anticipated to arrive at the designated address for the Gift Recipient (“Expected Delivery” or similar).

B. 4i Group Proceeds may exclude PayPal fees, credit card processing fees, or other payment processing fees incurred by MGM, in which case we will explicitly disclose that we are excluding payment processing fees.

· $150.00 in contributions may be listed as “$145.04 after PayPal expenses”

B. 4ii a) Group Spend may disclose the following expenses as a single line item:

· “Gift” expense for gift item(s) from Merchant(s)

o If the Mystery Gift Machine obtains a good or service at a discount, MGM reserves the right to allocate full retail value of the discounted or free good or service in the shipment notification. For example, if we buy a certificate for a one hour massage worth $100 by negotiating a $90 purchase (perhaps we are buying in bulk), we reserve the right to list the full retail value of $100 as the expense. If however the certificate lists a lower price (for example, $60 for a $100 massage), we will only list the lower price ($60) as our Gift expense.

· “Card” or “Note” expense up to $4.99 USD. We may buy a card or create one. We may increase this fee up to 10% each year.

· “Processing” expense up to $14.99 USD. This gives us the flexibility and incentive to choose not just a great Gift but also the optimal Merchant for your Gift. Our small Processing expense could save your group $15 or more plus the time you would have spent shopping. We may increase this fee up to 10% each year.

· “Shipping” expense of actual amount spent on shipping.

· “Gift Wrap” expense up to $4.99 USD. We may increase this fee up to 10% each year.

B. 4ii b) Group Spend may disclose the following as a distinct line item:

· Excess funds are to be considered a “tip” expense to be kept by the Service. The “tip” will be a maximum of 18% of contributions, which allows for flexibility in the purchase process. If there were a fixed tip, there might be an impractical task of spending an exact amount on the optimal Gift (for example, it might be hard to spend exactly $127.93). The Mystery Gift Machine will strive to keep the tip low – it has historically been between 1% and 10%– and if we choose to go over 18%, we will notify you and offer a refund of the difference or of your entire contributions. We aim to keep Gift Givers happy.

B.5 Gift Givers are personally responsible as individuals for the Gifts that they suggest we purchase. For example, if you suggest that we should send a bottle of wine as part of your participation in a Gift Group, and we ship a bottle of wine as a result, and the gift recipient is not of legal age to drink alcohol, you are responsible for any legal ramifications and you agree to indemnify the Mystery Gift Machine, its agents, officers, and Machines from any legal action.

C. Receiving Gifts

C.1 To receive a Gift you must be able to receive mail shipments via from the US Postal Service, FedEx, or similar mail service (“Mail”). Most Gifts simply require that you open an envelope or box to enjoy. If you receive credit to purchase a product or service from a Merchant, you may need to go to the Merchant’s physical business and display a Gift voucher. Alternatively, some Gifts may require that you call a specific phone number to make arrangements, and these terms will be specified clearly in writing as part of your Gift. You may also be required to present a valid photo ID when redeeming a Gift in the Merchant’s store or other business. Please note that some Gifts will have promotional value only available for a limited time period, which will be stated clearly in writing as part of your Gift.

C.2 Mystery Gift Machine Gifts can only be shipped to the United States as of this writing but there are plans to expand to additional countries in the near future. The products or services provided by Merchants will always be valid in the geographical areas and jurisdictions to which they are shipped. Mystery Gift Machine reserves the right to exclude the shipment of certain Gifts to certain geographical areas and jurisdictions.

C.3 Merchants are obligated to honor Mystery Gift Machine Gifts in compliance with this Agreement and applicable laws. If a Merchant refuses to honor a valid Gift, then Mystery Gift Machine will refund the Gift expense in the form of a credit for a new Gift, unless other compensation is required by applicable law, or unless we decide it would be better customer service to resolve the matter in another way. In order to receive such credit, you must provide the following information, in writing, to support@MysteryGiftMachine.com:

a. Identification of the Gift and the Merchant from which you sought to redeem the Gift;

b. Information regarding the date, time and circumstances under which the Merchant refused to redeem the Gift;

c. The shipment address associated with the Gift that you received as part of the Mystery Gift Machine Service; and

d. A statement, which is legally binding, in which you certify that the Gift has never been redeemed with the Merchant.

C.4 Gifts may not be redeemed as payment for taxes, tips, prior balances, shipping or handling. Neither Mystery Gift Machine nor its Merchants are responsible for lost or stolen Gifts or Gift reference numbers.

D. The Mystery Gift Machine Guarantee

Gift Recipients are entitled to exchange or return any unwanted Gifts under the Mystery Gift Machine Guarantee (“Guarantee” or “Machine Guarantee”), although we reserve the right to revoke the terms of this Guarantee to any Recipient who has previously invoked it. To invoke the Guarantee, you must send a notice within 10 days of receiving your unwanted Gift detailing your name, address, and description of your unwanted Gift to support@MysteryGiftMachine.com. Provided you are not returning or exchanging a used Gift, which is not covered under the terms of the Guarantee, Mystery Gift Machine will offer to provide you with any of the following:

D 1. You may return the Gift for Mystery Gift Machine credit towards a future Gift. The return for credit will be in the amount of your Gift’s “Gift Expense” (plus “Processing” and “Tip” expenses where applicable).

D 2. You may return or exchange the Gift for another Gift of equal or lesser value directly with the Merchant, if the Merchant has a policy that allows returns or exchanges.

D 3. You may return the Gift to us and either ask us to send a specific Gift you have approved or ask us to select another Gift for you. You are not able to return a Gift you receive as part of this Guarantee if you choose that we select another Gift for you.

D 4. You may request a refund by returning the Gift to us. Your refund will be in the amount of the “Gift Expense” and we must send it to the same address as the original Gift was sent.

E. Merchant Responsibility

Mystery Gift Machine provides and sells Gifts that may be redeemed at the physical or online businesses of its Merchants. However, the Merchants are the issuers of the Gift vouchers and the sellers of their products or services. By receiving a Gift, you acquire only the right to redeem the Gift online or at the business of the participating Merchant in accordance with the terms set out in this Agreement and the terms of the specific Gift voucher. Mystery Gift Machine does not have any responsibility for the quality of the products or services provided by Merchants, and Mystery Gift Machine expressly disclaims any and all liability for any direct or indirect damages, costs or other losses related to products or services provided by Merchants to users.

F. Specific Gift Terms

Some Gifts are issued with specific terms, such as the period during which the Gift is valid or a date in which promotional value expires. These specific terms appear on the Gift itself. Should there be any conflict between the specific terms stated on the Gift and this Agreement, the specific terms will prevail.

G. Special Promotional Activities

From time to time Mystery Gift Machine may offer special promotions, contests and/or sweepstakes intended to provide incentives to purchase Gifts. The applicable rules for such special promotional activities will be posted on the Mystery Gift Machine website in connection with the description of each promotion.

4. Equipment

You are solely responsible for the maintenance of your Device or any other equipment used to access the Mystery Gift Machine Platform and Mystery Gift Machine Services. You are also required to have the most recent version of the software for the Mystery Gift Machine Platform in order to use Mystery Gift Machine Services.

5. Limited License and Conditional Use of Mystery Gift Machine Services

A. Mystery Gift Machine grants you a limited, revocable, non-exclusive, non-sub licensable and non-assignable license to access and use the Mystery Gift Machine Platform and Mystery Gift Machine Services for your personal, non-commercial use, subject to all of the terms and conditions of this Agreement.

B.

The limited license above grants you rights for personal, non-commercial use. This section further limits your rights. You should read it carefully.

B.1 You acknowledge and agree that your personal, non-commercial use means, for the avoidance of doubt, using the Mystery Gift Machine Platform and/or Mystery Gift Machine Services solely for their intended purpose – which is to obtain (and provide to others) giftsas more fully described in Section 3 above. You are not permitted to use the Mystery Gift Machine Platform and/or Mystery Gift Machine Services for any other purpose, including, without limitation, to (i) analyze, review or obtain information regarding the functionality, features, content, materials or individual elements of the Mystery Gift Machine Platform or Mystery Gift Machine Services, whether for commercial purposes or otherwise, (ii) develop any service, software or business that competes with, or is similar to, or that imitates, the Mystery Gift Machine Platform or Mystery Gift Machine Services, or any of the functionality, features, content, materials or individual elements thereof, (iii) copy or imitate the business model, look and feel, or other features, functionality, content, materials or individual elements of the Mystery Gift Machine Platform or Mystery Gift Machine Services, (iv) offer or explore the possibility of offering any service, software or business that solicits any of the vendors, Merchants, advertising partners, and customers of Mystery Gift Machine for commercial purposes, including, without limitation, for the purpose of soliciting such parties to engage in commercial activities with your service, software or business, or (v) obtain information regarding end users, advertisers or Merchants.

B.2 If you violate any portion of Section 5.B.1 above, you acknowledge, agree and confirm that any software, service or business (and any and all revenue therefrom) created, designed or developed by you that is based on or is a derivative work of the Mystery Gift Machine Platform or Mystery Gift Machine Services, or any of the functionality, features, content, materials or individual elements thereof (collectively, a ”Commercial Work”), shall be held by you in constructive trust for the benefit of and on behalf of Mystery Gift Machine until such time that such Commercial Work can be duly assigned to Mystery Gift Machine. You expressly acknowledge and consent to such constructive trust, and expressly agree to, upon written notice from Mystery Gift Machine, execute and deliver any and all documents deemed reasonably necessary or appropriate by Mystery Gift Machine to evidence the due assignment to Mystery Gift Machine of any such Commercial Work.

C. Additionally, you may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the Mystery Gift Machine Platform or Mystery Gift Machine Services, (ii) except as expressly permitted in this Agreement, reproduce, download, modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any other way exploit the Mystery Gift Machine Platform or Mystery Gift Machine Services, or any features, functionality, content, materials or individual elements thereof, (iii) make any commercial use or any derivative use of any of the Mystery Gift Machine Platform or Mystery Gift Machine Services or any of the functionality, features, content, materials or individual elements thereof, or (iv) disassemble, decompile or reverse engineer the Mystery Gift Machine Platform or Mystery Gift Machine Services or any other materials made available on or through the Mystery Gift Machine Platform or Mystery Gift Machine Services or used to provide any of the Mystery Gift Machine Platform or Mystery Gift Machine Services.

D. Your permission to access the Mystery Gift Machine Platform and use Mystery Gift Machine Services and to use the copyrights and trademarks of Mystery Gift Machine under the limited license described above is further conditioned upon your agreement that you:

a. Will comply with all of the terms and conditions of this Agreement;

b. Are solely responsible for your activities on the Mystery Gift Machine Platform and that you will respect other users of Mystery Gift Machine Services in your interactions with them and that you will not submit any content or other materials on the Mystery Gift Machine Platform (including but not limited to chat postings, your Social Network profile information, links and pictures) that:

· may be considered libelous, fraudulent, misleading, inaccurate, defamatory, pornographic, obscene, vulgar, indecent, abusive, harmful, hateful, threatening, harassing, bullying, tortuous, invasive of another’s privacy, or racially, ethnically or otherwise objectionable or unlawful, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct;

· discloses private or personal matters concerning any person;

· infringe or misappropriate any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity;

· comprise any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

c. Will not use the Mystery Gift Machine Platform or Mystery Gift Machine Services to:

· harm minors in any way;

· impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

· to collect any personally identifiable information, including account names, email addresses, or other such information, for any purpose;

· intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law;

· provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any business, entity, or other organization competing or intending to compete or exploring the manner in which to compete with the Mystery Gift Machine Platform or Mystery Gift Machine Services or any of the functionality, features, content, materials or individual elements thereof;

· provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization; or

· stalk, bully or otherwise harass another;

d. Will not misuse the Mystery Gift Machine Platform or Mystery Gift Machine Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;

e. Will not attempt to gain unauthorized access to, interfere with or disrupt the Mystery Gift Machine Platform, the servers on which it is stored, hosted or operated, or any server, computer or database connected to the Mystery Gift Machine Platform;

f. Will not attack the Mystery Gift Machine Platform via a denial-of-service attack or a distributed denial-of-service attack;

g. Will not attempt to harvest or collect any information about or regarding other users, including, but not limited to any personal data or information;

h. Will not engage in web scraping, database scraping or any other activity for the purpose of obtaining content, data or other information from the Mystery Gift Machine Platform or Mystery Gift Machine Services;

i. Will not perform any meta-search or automated queries of the Mystery Gift Machine Platform or Mystery Gift Machine Services or of any of the content or other materials thereon;

j. Will grant to Mystery Gift Machine and other users of Mystery Gift Machine Services the right and license to use, reproduce, distribute, prepare derivative works of and display the content and materials submitted by you on the Mystery Gift Machine Platform or Mystery Gift Machine Services;

k. Will not attempt to use multiple identities, Mystery Gift Machine Accounts or Social Network accounts, several credit cards or any other means in order to access several individual campaigns on the Mystery Gift Machine Platform;

l. Will not attempt to reproduce or manipulate a Gift in order redeem Gifts at a higher value than the value of the Gift represented when you received it;

m. Will not duplicate, sell or trade Gifts; and

n. Will not in any other way try, or allow others, to circumvent the restrictions set forth in this Section or elsewhere in this Agreement.

E. Mystery Gift Machine reserves the right, in its absolute discretion, to determine if your Mystery Gift Machine Account registration and your submission of content or other materials is made from a legitimate and valid Social Network account and if your conduct on the Mystery Gift Machine Platform complies with the provisions of this Agreement. Mystery Gift Machine may cancel and remove any Gift Cards that Mystery Gift Machine suspects have been purchased or redeemed in violation of this Agreement, Mystery Gift Machine’s security policies or applicable laws, such as Gift Cards purchased by Mystery Gift Machine Accounts that are connected to what Mystery Gift Machine determines to be a “passive” Social Network account. Mystery Gift Machine reserves the right to suspend, block or terminate any Mystery Gift Machine Account that Mystery Gift Machine, in its sole discretion, considers to be used in violation of this Agreement, Mystery Gift Machine’s security policies or applicable laws. Any such action will be without limiting any of Mystery Gift Machine’s other rights and remedies.

6. Non-Confidentiality, Security and Privacy

A. You agree and acknowledge that the information that you submit to Mystery Gift Machine, such as your Social Network profile information, is submitted for the purpose of making the Mystery Gift Machine Platform and Mystery Gift Machine Services available to you. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. By entering into this Agreement, you agree to the terms set out in our Privacy Policy, which forms an integral part of this Agreement. For full details, please refer to our Privacy Policy available at http://www.mysterygiftmachine.com/privacy

B. In order to improve our service offering to you, we may use or disclose the communication between you and Mystery Gift Machine, such as emails and other correspondence. By entering into this Agreement you agree that such information is considered non-confidential and non-proprietary.

C. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any inappropriate content submitted on the Mystery Gift Machine Platform.

D. Though we strive to enforce these rules with all of our users you may, when using the Mystery Gift Machine Platform and Mystery Gift Machine Services, be exposed to content that violates our policies and which may be considered offensive. We may, but are not obligated, to terminate Mystery Gift Machine Accounts and/or remove content from the Mystery Gift Machine Platform if we determine or suspect that such accounts violate the terms of this Agreement or applicable laws. We take no responsibility for your exposure to content on the Mystery Gift Machine Platform whether it violates our content policies or not.

7. Third-Party Websites

The Mystery Gift Machine Platform links to websites and/or applications which are operated and owned by third parties. Such links do not constitute an endorsement by Mystery Gift Machine of those third-party websites. The content on these websites and/or applications is provided by the relevant third party and is not subject to the terms of this Agreement or our Privacy Policy. Therefore, we do not assume any responsibility for the content, policies or practices of such websites or third parties. By entering into this Agreement you relieve us from any and all liability arising from your use of any third-party websites and/or applications.

8. Linking to the Mystery Gift Machine Platform

You may link to the Mystery Gift Machine Platform, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without prior notice.

9. No Warranties and Limitation of Liability

This section limits our warranties, obligations and liability to you. You should read it carefully.

A. We provide access to the Mystery Gift Machine Platform and Mystery Gift Machine Services on an “as is” and “as available” basis. Mystery Gift Machine gives no express, implied or statutory warranty as to the content, quality, availability, function or fitness for a specific purpose of the Mystery Gift Machine Platform and Mystery Gift Machine Services or non-infringement of third-party rights with respect to the Mystery Gift Machine Platform and Mystery Gift Machine Services. Mystery Gift Machine does not warrant the content or quality of any third-party website and/or application to which the MGM Platform links or the products or services provided by a third party through its website and/or application. Furthermore, we may not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the MGM Platform.

B. Commentary and other materials posted on the Mystery Gift Machine Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any users of the Mystery Gift Machine Platform, or by anyone who may be informed of any of its contents.

C. Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Mystery Gift Machine Platform and Mystery Gift Machine Services. To the fullest extent permitted by applicable law, neither Mystery Gift Machine nor any of its affiliates accept any liability for direct, indirect, special, punitive, incidental, exemplary, consequential or other damages or losses of any kind arising from or relating to your access to the Mystery Gift Machine Platform or your use or inability to use Mystery Gift Machine Services, regardless of the legal theory on which any such damages may be based and whether or not Mystery Gift Machine or its affiliates have been advised of the possibility of any such damages. Mystery Gift Machine’s and its affiliates’ aggregate liability under this Agreement shall be limited to USD$100.

10. Indemnity

This section obligates you to indemnify and protect us for activities caused by you. You should read it carefully.

You agree to indemnify and hold Mystery Gift Machine, and its affiliates, successors, assigns, officers, directors and employees, and their respective affiliates, successors, assigns, officers, directors and employees, harmless, to the extent permitted by mandatory law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to (i) your access, use or misuse of any of the Mystery Gift Machine Platform or Mystery Gift Machine Services, (ii) your breach or alleged breach of this Agreement, or (iii) any violation by you of any applicable laws or of any rights of others, including, without limitation, your violation, misappropriation or infringement (or any allegation thereof) of any third party right, or any right of Mystery Gift Machine, including, without limitation, any copyright, trademark, patent, trade secret, property, privacy or other intellectual property or proprietary right.

11. Intellectual Property

A. You acknowledge and agree that Mystery Gift Machine and our licensors retain all right, title, ownership and interest in and to the Mystery Gift Machine Platform and Mystery Gift Machine Services, including, without limitation, all data, information (excluding data and information that you provide), content and materials provided on or through the Mystery Gift Machine Platform and Mystery Gift Machine Services (including, without limitation, text, software, images, photographs, videos, graphics, scripts, page headers, sounds, interactive features, the selection and arrangement of elements displayed on or through the Mystery Gift Machine Platform and Mystery Gift Machine Services, the compilation of all content and materials on the Mystery Gift Machine Platform and Mystery Gift Machine Services, and the business process, procedures, methods and techniques used in or in connection with the Mystery Gift Machine Platform and Mystery Gift Machine Services) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. All use of those rights, including those intellectual property rights, is forbidden, except for the limited right to use the Mystery Gift Machine Platform and Mystery Gift Machine Services in accordance with this Agreement.

B. Mystery Gift Machine and the Mystery Gift Machine logos are the trademarks of Mystery Gift Machine, and all other proprietary trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Mystery Gift Machine Platform. Mystery Gift Machine’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Mystery Gift Machine. All rights are expressly reserved.

C. The Mystery Gift Machine Platform and Mystery Gift Machine Services are patent pending.

D. All third party trademarks, logos, photographs, images, and other intellectual property contained on or through the Mystery Gift Machine Platform or Mystery Gift Machine Services are the property of the respective third parties, including the respective Merchants, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Mystery Gift Machine to enforce any of your rights in relation thereto.

E. You are solely responsible for the content you submit on the Mystery Gift Machine Platform and you agree that you have the required intellectual property rights for such content. However, Mystery Gift Machine reserves the right to remove any content you submit that Mystery Gift Machine may suspect constitutes an infringement of any such intellectual property right.

F. When you submit content on the Mystery Gift Machine Platform or send email or other information to Mystery Gift Machine, you grant Mystery Gift Machine a non-exclusive, sub-licensable, transferable, assignable, irrevocable, perpetual, fully paid, worldwide license to use, copy, display, modify, make derivative works of or otherwise dispose of or exploit in any form or medium any such content and information for any purpose.

G. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content or materials that infringe upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) 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; and (6) 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.

Mystery Gift Machine’s designated Copyright Agent to receive notifications of claimed infringement can be reached at:

Attn: Copyright Agent

c/o Mystery Gift Machine

PO Box 391032

Cambridge, MA 02139 United States

support@MysteryGiftMachine.com

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

12. Electronic Communications

The communications between you and Mystery Gift Machine are done by the use of electronic means, whether you visit the website, access the Mystery Gift Machine Platform or send us email, or whether Mystery Gift Machine posts notices on its website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Mystery Gift Machine in electronic form and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that Mystery Gift Machine provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

13. Changes to the Agreement

Mystery Gift Machine may, from time to time and at its own discretion, change the terms of this Agreement. Any such change becomes effective when posted on Mystery Gift Machine’s website. It is your sole responsibility to check for changes and your continued use of Mystery Gift Machine Services will constitute your acceptance of such changes. Should you not agree to a change of this Agreement, you must cease to access the Mystery Gift Machine Platform and cease to use Mystery Gift Machine Services.

14. Term and Termination

A. This Agreement will become effective between you and Mystery Gift Machine from the moment you agree to allow the Mystery Gift Machine Platform to connect to your Social Network account by creating a Mystery Gift Machine account. Should you be dissatisfied with Mystery Gift Machine Services or the content on the Mystery Gift Machine Platform, or should you for any other reason want to terminate your Mystery Gift Machine Account, you are entitled to do so without prior notice by removing the software from your Device or terminating your Mystery Gift Machine Account. The termination of your Mystery Gift Machine Account will have immediate effect, however, the provisions of Sections 1, 2, 5.B, 5.C, 5.D, 5.E, 6, 7, 9, 10, 11, 12, 14, 16, 17 and 18 will survive any such termination.

B. Mystery Gift Machine reserves the right to change or discontinue the Mystery Gift Machine Platform or any of the Mystery Gift Machine Services at any time without prior notice. Mystery Gift Machine also reserves the right to terminate your Mystery Gift Machine Account at its election and for any reason, without prior notice, and/or to terminate or suspend your Mystery Gift Machine Account at any time and with immediate effect, if your use of Mystery Gift Machine Services is in violation of the terms of this Agreement, Mystery Gift Machine’s security policies or any applicable laws. Any Gift issued prior to termination will be honored in accordance with the terms applicable to that specific Gift and the terms in this Agreement, except in cases where Mystery Gift Machine is entitled to cancel or remove a Gift or in cases involving fraud, money laundering or other criminal activities.

15. Customer Support

Support is provided and complaints are handled online by Mystery Gift Machine. To direct any questions, complaints or suggestions to Mystery Gift Machine please email support@MysteryGiftMachine.com.

You may also contact us by mail at:

Mystery Gift Machine

PO Box 391032

Cambridge MA 02139

United States

16. Entire Agreement

This Agreement, including our Privacy Policy (available at http://www.mysterygiftmachine.com/privacy), and together with the terms and conditions for any specific Gift and any other legal notices and terms published by Mystery Gift Machine on the Mystery Gift Machine website, constitutes the entire Agreement between you and Mystery Gift Machine. For your convenience, Mystery Gift Machine may provide you with a translation of the English language version of this Agreement. In the event of any inconsistency between a non-English version of this Agreement and the English version, the English version will govern your relationship with Mystery Gift Machine.

17. Severability

If any provision of this Agreement is determined to be too broad to be enforceable, that provision shall be narrowed to the extent necessary to make it enforceable and then enforced to the maximum extent permissible by law. If any provision of this Agreement is determined to be invalid or unenforceable and cannot be saved by narrowing construction, or otherwise revised to be valid and/or enforceable while still keeping the meaning and intent of the given provision and this Agreement as a whole, then such invalid or unenforceable provision shall be severed from this Agreement and shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, all of which shall remain in full force and effect.

18. Governing Law and Disputes

A. Governing Law; Attorneys’ Fees.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Massachusetts, without giving effect to any of its conflict of law principles. Except as provided in Section 18.B below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Mystery Gift Machine Platform or Mystery Gift Machine Services shall be subject to arbitration or, where not required by this Agreement to be arbitrated, to the exclusive jurisdiction of the state and federal courts located in California and you agree to submit to the personal jurisdiction and venue of such courts. If you are a consumer and access the Mystery Gift Machine Platform or Mystery Gift Machine Services for entirely non-commercial purposes from, and are a resident of, the European Community you may have other or additional mandatory rights or remedies by law. In the event any litigation is brought by you or Mystery Gift Machine in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, fees and other expenses incurred by such prevailing party in the litigation.

B. Dispute Resolution

This Section 18.B includes a mandatory arbitration provision for certain claims. The claims to which this section applies are described below. This section limits your rights. Specifically, you understand that you and Mystery Gift Machine are waiving the right to sue in court and have a jury trial for certain claims.

B.1 Claims.

a. All disputes, controversies or claims related to this Agreement (i) that, with respect to any single plaintiff (whether you or Mystery Gift Machine), involve a claim for monetary damages actually incurred by that plaintiff alone of less than USD$10,000.00, or (ii) that involve any form of consumer complaint or dispute regarding the Mystery Gift Machine Platform or Mystery Gift Machine Services (each, a ”Claim”) are subject to the provisions of this Section 18.B concerning negotiations and binding arbitration.

b. For clarification, you and Mystery Gift Machine agree that the following disputes, controversies or claims are not deemed to be ”Claims” under this Agreement and therefore are not subject to the provisions of this Section 18.B: (i) any disputes, controversies or claims seeking to enforce or protect, or concerning the validity of, or based on any violation or infringement of, any of your or Mystery Gift Machine’s intellectual property rights; (ii) any disputes, controversies or claims related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; (iii) any disputes, controversies or claims related to this Agreement that, with respect to any single plaintiff (whether you or Mystery Gift Machine), involve a claim for monetary damages actually incurred by that plaintiff alone equal to or greater than USD$10,000.00; (iv) any disputes, controversies or claims related to your impermissible commercial use of the Mystery Gift Machine Platform or Mystery Gift Machine Services, and/or (v) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration. As some jurisdictions do not allow for some of the dispute resolution provisions set forth in this Agreement, some of these provisions may not apply to you.

B.2 Negotiations.

Before initiating any arbitration or court proceeding, you and Mystery Gift Machine agree to first attempt to negotiate any Claim (except those disputes, controversies or claims expressly provided in Section 18.B.1.b above) informally for at least thirty (30) days. Negotiations will begin upon written notice. Mystery Gift Machine will send its notice to your billing or other physical address (if on file with Mystery Gift Machine) and email you a copy to the email address you have provided. You will send your notice to Mystery Gift Machine Operations PO Box 391032

Cambridge MA 02139, United States.

B.3 Binding Arbitration.

a. If the parties fail to resolve a Claim through negotiations within the above thirty (30) day period, you and Mystery Gift Machine agree that, except as provided in Section 18.B.1.b, all Claims will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the ”JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 18.B.3 and the JAMS Rules, the terms in this Section 18.B.3 will control and prevail.

b. Except as otherwise set forth in Section 18.B.1.b, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Mystery Gift Machine may litigate in court to (I) compel arbitration or other specific performance, (II) stay proceedings pending arbitration, (III) obtain, on an interim basis (and in aid of the arbitration either to be initiated or already in process between the parties), injunctive relief, (IV) receive other appropriate equitable recourse of a provisional, precautionary or conservatory nature, or (V) confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

B.4 Arbitration Fees.

If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding Section 18.A, you will not be required to pay our fees or other costs if you do not prevail in the arbitration.

B.5 Location.

The arbitration will take place in your hometown area if you so notify Mystery Gift Machine in your notice of arbitration or within ten (10) days following receipt of Mystery Gift Machine’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Massachusetts, unless the parties agree to video, phone and/or Internet connection appearances.

B.6 Limitations.

You and Mystery Gift Machine agree that any arbitration will be limited to the Claim between Mystery Gift Machine and you individually. YOU AND MYSTERY GIFT MACHINE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.

B.7 Severability.

If Section 18.B.1.b above is found to be illegal or unenforceable then neither you nor Mystery Gift Machine will elect to arbitrate any dispute, controversy or claim falling within that portion of Section 18.B.1.b above found to be illegal or unenforceable and such dispute, controversy or claim will be exclusively decided by a court of competent jurisdiction within the State of Massachusetts, United States of America, and you and Mystery Gift Machine agree to submit to the personal jurisdiction of that court.

C. Injunctive Relief.

Notwithstanding the other provisions of this Section 18, in any dispute, controversy or claim, you and Mystery Gift Machine acknowledge that remedies at law may be inadequate to provide full compensation in the event of a material breach relating to one of your respective obligations (including, without limitation, involving the intellectual property of a party) and/or representations and warranties hereunder, and the non-breaching party shall therefore be entitled to obtain injunctive relief in the event of any such breach, without having to prove damages or post a bond.

19. California Residents

If you are unable to resolve a complaint you may have regarding any of the Mystery Gift Machine Platform or Mystery Gift Machine Services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.