mySpawish Terms of Service - Merchant Services
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.
Acceptance of Terms
Welcome to a website owned by Blackhawk Network, Inc. (“Blackhawk”). Blackhawk provides its service to you subject to the following Terms of Service (“Terms”). By accessing a Blackhawk website (each, a “Site”) on the Internet or World Wide Web and/or clicking on the ‘yes’ button at the bottom of this page, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site. In addition, when using particular Blackhawk services, you are subject to any posted guidelines or rules applicable to such services or products. All such guidelines and rules applicable to such services or products are hereby incorporated by reference into the Terms. We may refuse any or all of our services to anyone at any time, in our sole discretion. This site is intended for use by individuals who are at least 13 years of age. If your parent or guardian has any concerns, please feel free to contact us via email at firstname.lastname@example.org.
Products and Services
Various products such as greeting cards and gift cards, whether they are plastic or electronic, may be selected and purchased on a Site (“Blackhawk Products”). Some Blackhawk Products can be customized with text, pictures and/or graphics. When you have completed and paid for your order, Blackhawk will produce the Blackhawk Products you have selected and send them to the recipients specified by you. The pricing for Blackhawk Products, which is stated in U.S. dollars, is set forth on the applicable Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. All purchases of Blackhawk Products are non-returnable and non-refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us at email@example.com or calling (844) 810-6710.Please include your order number in all communications for prompt service.
Use of Site
The Sites contain or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by Blackhawk or an affiliated company, or other third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Sites owned by Blackhawk, and Blackhawk logos, product and service names are trademarks of Blackhawk (the “Blackhawk Marks”). You agree not to display or use: (i) Blackhawk’s Marks without Blackhawk’s written permission and (ii) the Content in any manner without the owner’s written permission.
You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Site on any other server or Internet-based device without the advance written authorization of Blackhawk or its licensors or licensees, respectively.
Your use of a Site is subject to applicable local, state, federal and international law. Your use of a Site in violation of this Section could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use a Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
Use of Content
Blackhawk grants you permission to access and view each of its Sites and to electronically design Blackhawk Products for the sole purpose of submitting an order. Any other use of the Sites or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
Third Party Links, Products and Services
Our products and services may be made available to you through the use of third-party web sites (“Third-Party Portals”). If you accessed a Site through a link from a Third-Party Portal or if a Site provides links to any third-party sites, you agree that we have no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
Copyright Policy, Representation and Indemnity.
You are wholly responsible for any data you transmit to the Site (“Submitted Data”), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Submitted Data you transmit to a Site violates any copyright or trademark right, and that it complies with these Terms. Before transmitting Submitted Data to a Site, you should assure that such Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to a Site and/or by submitting Submitted Data for integration into any Blackhawk Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us that the Submitted Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Submitted Data, or that you have the express permission to copy and use such Submitted Data for all purposes related to the products you order through the Site. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
Submitted Data Content Policy and Acknowledgement; Compliance with Law
You may not upload to a Site any material, whether text, images, or otherwise, that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof, or (c) phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content”).
The content of the Submitted Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, and Third-Party Portals, and merchants offering products through a Site (“Merchants”)) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Submitted Data, to remove the Submitted Data, and to refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. In the event that you submit Submitted Data to a Site for inclusion on a gift card and the Merchant issuing the gift card believes the gift card contains Inappropriate Content, the Merchant may reserve the right to refuse to honor the gift card.
Blackhawk reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into Blackhawk Products. If Blackhawk does not approve the Submitted Data, we will notify you by email that your submission has been rejected. At such time you may submit another image for consideration in a subsequent order.
Creating Custom Image and Text for Gift Cards.
Image files can be in .JPEG, .GIF, or .PNG formats
Small images will reproduce poorly when printed
Increasing the scale of your image may cause it to print poorly
The bigger the image you choose, the longer it will take to upload
The time your image takes to upload depends on your own internet connection speed
Indemnification Regarding Submitted Data
You agree to indemnify us and hold us and our licensees, suppliers and fulfillers, owners and operators of Third-Party Portals and Merchants, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the Submitted Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under this Section . Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
Limitation and Disclaimer of Warranties; Limitation of Liability
You agree that in the event of any damage to or loss of an Blackhawk Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged Blackhawk Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Blackhawk Product(s). You must submit a claim within thirty (30) days from your date of purchase.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BLACKHAWK NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if we, or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Blackhawk Product, or Submitted Data, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that Blackhawk and its affiliated companies may suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree to refrain from using the services offered through the Site, including ordering any Blackhawk Products, in any manner that would cause damage to the public reputation of Blackhawk, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which Blackhawk provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Blackhawk or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Portals, or Merchants, Blackhawk reserves the right to demand the immediate return of the Blackhawk Product(s) ordered from a Site, to invalidate, without refund, the value of any gift card included in such Blackhawk Products, and to pursue any and all further remedies available to Blackhawk and its affiliated companies under the law.
Termination of Right to Use a Site
We reserve the right to terminate your right to use one or more Sites if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use one or more Sites, we will remove your account privileges. We will have no obligation to return to you your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Blackhawk terminates your right to use a Site, is to receive a refund for any products paid for but not processed or fulfilled by Blackhawk, if any.
Privacy and Security
You understand that your account information on the Sites is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. Blackhawk is entitled to rely on the fact that any Submitted Data, orders for Blackhawk Products or other information sent to any Site under your User ID and Password for that Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact our customer service representatives immediately by either sending an e-mail to firstname.lastname@example.org or calling (844) 810-6710.
Since the Sites can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of California, by accessing a Site both you and Blackhawk agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its contents. Blackhawk makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in the United States. You and Blackhawk further agree to submit to the exclusive personal jurisdiction and venue of the Alameda County Superior Court and the United States District Court for the Northern District of California with respect to any matters relating to the services, the use of a Site and its Contents, or any transactions arising therefrom. Any action brought by you with respect to anything related to a Site must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on the Site. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.
Unless otherwise stated herein, there are no refunds and all sales are final.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BLACKHAWK AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF BLACKHAWK NETWORK, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE. ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLACKHAWK NETWORK FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED UPON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR LOGIN INFORMATION.
For purposes of these Terms, “you” and “your” shall mean you and “we”, “us,” and “our” means Blackhawk and, if applicable, those third parties acting on behalf of Blackhawk from time to time. Title and risk of loss for products purchased by you through a Site passes to you upon delivery of the Blackhawk Products to you or your designated recipient. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Site.
The failure of Blackhawk to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blackhawk in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.
If you have any customer service-related questions, please contact at email@example.com.
Blackhawk Network, Inc.
Attn: Legal Department
6220 Stoneridge Mall Road
Pleasanton, CA 94588
The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding Blackhawk Network, Inc. at:
Office of the Commissioner of Financial Regulation
500 N Calvert Street, Suite 402
Baltimore, Maryland 21202
This Agreement was last updated on November 3, 2016.