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230 lines
10 KiB
HTML
230 lines
10 KiB
HTML
title = "Terms of Service"
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^L
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{% extends "templates/about.html" %}
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{% block page %}
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<div class="col0">
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<h2>Terms of Service</h2>
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<p><i>Last Updated: January 15, 2013</i></p>
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<p>PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE
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GITTIP.COM SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL
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TERMS AND GUIDELINES INCORPORATED BY REFERENCE AND/OR LOCATED ON THE LEGAL
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AGREEMENTS PAGE (<a
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href="/about/terms/">https://www.gittip.com/about/terms/</a>). IF YOU DO NOT
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AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE GITTIP.COM SERVICES.</p>
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<p>These Terms of Service ("Terms") apply solely to your use of any product,
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service or other feature, technology and/or functionality offered by Zeta
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Design & Development, LLC, DBA Gittip.com ("Gittip.com"), whether through
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the Gittip.com website or any third party website or application ("Gittip.com
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Services"). These Terms do not alter the terms or conditions of any other
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agreement you may have with Gittip.com, or its subsidiaries or affiliates, for
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products, services or otherwise. If you are using the Gittip.com Services on
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behalf of any entity, you represent and warrant that you are authorized to
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accept these Terms on such entity's behalf and that such entity will be
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responsible to Gittip.com if you violate these Terms.</p>
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<p>Gittip.com reserves the right to change or modify the terms and conditions
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contained in these Terms or any other Gittip.com terms, policies or guidelines,
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at any time and in its sole discretion. Any changes or modifications will be
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effective immediately upon posting of the revisions to the Gittip.com website,
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and you waive any right you may have to receive specific notice of such changes
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or modifications. Your continued use of the Gittip.com Services following the
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posting of changes or modifications will confirm your acceptance of such
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changes or modifications; therefore, you should frequently review these Terms
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and all applicable terms, policies and guidelines to understand the terms and
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conditions that apply to your use. If you do not agree to the amended terms,
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you must stop using the Gittip.com Services. Any use of the Gittip.com Services
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in violation of these Terms may result in, among other things, termination or
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suspension of your right to use the Gittip.com Services.</p>
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<p>If you have any questions or comments regarding the use of the Gittip.com
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Services, please contact chad@zetaweb.com.</p> <ol>
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<li> <p>Our Relationship to You</p>
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<p>Gittip.com helps you make monetary gifts to, and receive monetary gifts
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from, third parties. Money that you give or receive through the Gittip.com
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Services is a gift, and does not in any way oblige the other party to you.</p>
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</li>
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<li> <p>Third Party Service Providers</p>
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<p>Gittip.com uses Pound Payments Inc., DBA Balanced ("Balanced") as a third
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party service provider for payment services (e.g. card acceptance, merchant
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settlement, and related services). By making use of some or all of these
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payment services on Gittip.com you agree to be bound by Balanced's <a
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href="https://www.balancedpayments.com/terms">terms and conditions</a> and <a
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href="https://www.balancedpayments.com/privacy">privacy policy</a>, and hereby
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consent and authorize us to delegate the authorizations and share the
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information you provide to us with Balanced to the extent required to provide
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the payment services to you. Balanced may also be contacted directly for
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payments support either by email at support@balancedpayments.com or by phone at
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+1 (888) 744-2622.</p>
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</li>
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<li> <p>Privacy Policy</p>
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<p>Please refer to <a href="/about/privacy/">Gittip.com's Privacy Policy</a>
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for information about how Gittip.com collects, uses and discloses personally
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identifiable information from its users.</p>
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</li>
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<li> <p>Eligibility, Registration and Account</p>
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<p>To be eligible to use Gittip.com, you must be at least 18 years of age.
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Gittip.com may impose additional restrictions on the use of the Gittip.com
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Services. You represent and warrant that you have not previously been suspended
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or removed from the Gittip.com Services and that you have full power and
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authority to enter into these Terms.</p>
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<p>In order to initiate and/or receive gifts through the Gittip.com Services,
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you must create an account. When creating any account, whether to initiate or
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receive gifts, you agree to (a) provide accurate, truthful, current and
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complete information when creating your account; (b) maintain and promptly
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update your account information; (c) maintain the security of your account by
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not sharing your password with others and restricting access to your account on
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your computer or mobile device; (d) promptly notify Gittip.com if you discover
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or otherwise suspect any security breaches related to the Gittip.com Service
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and (e) take responsibility for all activities that occur under your
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account and accept all risks of unauthorized access.</p>
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</li>
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<li> <p>Authorization to Charge or Credit Accounts</p>
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<p>Each time you initiate or accept a gift transaction through the Gittip.com
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Services, you authorize Gittip.com to charge or credit the accounts involved,
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to correct any errors in the transaction and to resubmit any transaction that
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is rejected by the applicable financial institution. Your authorization will
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remain in full force and effect until you terminate such authorization in
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writing.</p>
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</li>
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<li> <p>Sending Gifts</p>
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<p><i>Transaction Limits.</i> Gittip.com may, in its discretion, impose limits
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on the transactions you can send through the Gittip.com Services.</p>
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<p><i>Payment Methods Accepted.</i> Gittip.com allows users to send gifts using
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selected payment methods identified on the transaction screens within the
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Gittip.com Services. Gittip.com reserves the right to change accepted methods
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of payment at any time and in its sole discretion. You may be required to
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verify that you control the accounts that you register prior to using the cards
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for transactions. If you use a credit card, you agree to comply with all
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applicable card association and network rules.</p>
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<p><i>Accuracy of Information.</i> You are responsible for confirming the
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accuracy of the information you provide about each gift you send, including
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the identity of the recipient and the amount of the transaction. Once a gift
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transaction is initiated, you may not change, withdraw or cancel your
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authorization for Gittip.com to complete the transaction.</p>
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<p><i>Refused and Refunded Transactions.</i> When sending a gift, the recipient
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is not required to accept it. You agree that you will not hold Gittip.com
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liable for any damages resulting from a recipient's decision not to accept a
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gift made through Gittip.com. Gittip.com will return any unclaimed, refunded or
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denied gift within thirty (30) business days of the date you initiate the gift.
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If a gift is unclaimed, denied or refunded for any reason, Gittip.com will
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return the money to your original payment method, if possible. If for any
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reason Gittip.com is unable to return unclaimed, refunded or denied gifts,
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Gittip.com may deliver such funds to your state of residency as unclaimed
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property. Gittip.com will determine your state of residency based on the
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address you provide when you register for an account.</p>
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<p><i>Information about your Account and Transactions.</i> You can obtain
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information about the gift transactions you made for the last thirty (30)
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days on the Gittip.com website.</p>
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</li>
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<li> <p>Receiving Gifts</p>
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<p><i>Bank Transfers.</i> In order to receive gifts through the Gittip.com
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Services, you must be a registered Gittip.com user and provide account
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information for a valid checking, savings or other ACH-enabled bank account.
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Funds transfers to bank accounts usually occur between one to three (1-3)
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business days for all transactions.</p>
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<p><i>Reversals, Chargebacks and Claims.</i> When you receive a gift, you are
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liable to Gittip.com for the full amount of the gift, plus any fees, if the
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payment is later invalidated for any reason. This means that you will be
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responsible for reimbursing Gittip.com if you lose a claim or a chargeback or
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if there is a reversal of the gift.</p>
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</li>
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<li> <p>Taxes</p>
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<p>It is your responsibility to determine what, if any, taxes apply to the
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gifts you make or receive, and it is your responsibility to collect, report and
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remit the correct tax to the appropriate tax authority. Gittip.com is not
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responsible for determining whether taxes apply to your transaction or for
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collecting, reporting, withholding or remitting any taxes arising from any
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transaction.</p>
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</li>
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<li> <p>Fees</p>
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<p>Gittip.com reserves the right to charge service fees based on the total
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amount of your transaction. Such fees are subject to change without notice and
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in Gittip.com's sole discretion. All Gittip.com fees will be disclosed to you
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before you complete your transaction.</p>
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</li>
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<li> <p>Electronic Notices and Your Consent</p>
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<p>You agree and consent to receive electronically all communications,
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agreements, documents, receipts, notices and disclosures (collectively,
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"Communications") that Gittip.com provides in connection with your Gittip.com
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account and use of the Gittip.com Services. Gittip.com may provide these
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Communications to you by posting them on the Gittip.com website, or by emailing
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them to you at an email address you provide. You should maintain copies of
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electronic Communications by printing a paper copy or saving an electronic
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copy. You may also contact us to request additional electronic copies of
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Communications or, for a fee, paper copies of Communications. You may withdraw
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your consent to receive electronic Communications by contacting us, however,
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Gittip.com reserves the right to terminate your use of the Gittip.com Services
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if you decline or withdraw consent to receive electronic Communications.</p>
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</li>
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<li> <p>Disclaimer</p>
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<p>EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GITTIP.COM, THE
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GITTIP.COM SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
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KIND, EITHER EXPRESS OR IMPLIED. GITTIP.COM DISCLAIMS ALL OTHER WARRANTIES,
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EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
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AS TO THE GITTIP.COM SERVICES. Gittip.com does not guarantee continuous,
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uninterrupted or secure access to any part of the Gittip.com Services.
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Gittip.com will make reasonable efforts to ensure that requests for gift
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payments are processed in a timely manner, but Gittip.com makes no
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representations or warranties regarding the amount of time needed to complete
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processing.</p>
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</li>
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</ol>
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</div>
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{% end %}
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