“Access” has the meaning set forth in Section 9.1.
“MicroGifts Content” means 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 or issued patents, trade dress or other intellectual or proprietary rights owned, controlled, or licensed by MicroGifts.
“MicroGifts Marks” mean trademarks, service marks, trade names, and logos of MicroGifts, Digital Cash.
“MicroGifts Products” mean products or services you may purchase, order, or obtain from a MicroGifts or Digital Cash Site.
“MicroGifts Site” or “Site” has the meaning set forth in the preamble.
“Claim” means an action, allegation, cause of action, cease and desist letter, charge, citation, claim, demand, directive, lawsuit or other litigation or proceeding, or notice.
“Confidential Information” means MicroGifts’ marketing philosophies and objectives, financial and pricing information, client lists, cardholder data, card numbers, card balances, cardholder transactions, business processes, competitive advantages and disadvantages, vendors, and any other information a reasonable person would determine to be sensitive, proprietary, or confidential. Confidential Information does not include information that is publicly known through no fault of yours or that has been independently developed without access to or use of MicroGifts’ Confidential Information.
“Damages” means assessments, fines, bona fide settlements, costs, damages (including consequential, indirect, special, incidental or punitive damages), expenses (including without limitation reasonable attorneys’ fees, expenses and costs), judgments, liabilities, losses, or penalties, incurred in connection with a Claim.
“Electronic Communication” means any communication by telephone, text message, wire, facsimile, computer (including, but not limited to, e-mail) or other method of telecommunication or electronic transmission.
“Feedback” means any and all suggestions, comments, and feedback that you submit to MicroGifts, whether by letter, email, telephone, or at or via a MicroGifts Site in connection with the Site or any MicroGifts Products.
“Inappropriate Content” has the meaning described in Section 9.2.
“Linked Site” means either or both of: (i) a website controlled or offered by a third party that allows users to access a MicroGifts Site or (ii) a website controlled or offered by a third party that may be accessed from a MicroGifts Site.
“Product‑Specific Terms” mean additional terms and conditions that apply to a specific MicroGifts Product.
“Service” has the meaning set forth in the preamble.
“Submitted Data” means any data you transmit to a MicroGifts Site, whether such data consists of text, pictures, artwork, audio, video, or multimedia.