LEGAL TERMS- UPDATED June 21, 2011
Your use of the Website constitutes Your agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Website, you represent and warrant to Gifts That Give that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website is prohibited. Other than this Agreement, Gifts That Give will not enter into any agreement with You or have any obligation to you through the Website and no attempt to create such an agreement will be effective.
BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE, AND, ANY MOREOVER, Gifts That Give DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Gifts That Give or third-party providers, as applicable. Except as expressly permitted by Gifts That Give in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, illustrations and other materials (other than information given in connection with registration) to Gifts That Give through the Website (individually and collectively, “Submissions”), You (i) grant Gifts That Give a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Gifts That Give the right to pursue at law any person or entity that violates Your and/or Gifts That Give’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submission, You acknowledge, warrant and agree that:
- Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products, or services that your Submission relates to and that You are not impersonating any other person;
- You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which your Submission relates;
- Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
THIRD PARTY ARTICLES
The Website may contain third party articles or third party content that we feel may be of interest to You. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or content is correct and the publishing of third party articles and content shall not in any event be deemed an endorsement by Gifts That Give or any of its affiliates of the material contained therein. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of the Website are those of the respective author(s) or distributor(s) and not of Gifts That Give. Gifts That Give does not guaranty the accuracy, completeness, or usefulness of any third party content, nor its merchantability or fitness for any particular purpose. Gifts That Give does not review past postings of third party articles and third party content in order to determine whether they remain accurate and information contained in such postings may have been superseded. In many instances, the content available through the Website represents the opinions and judgments of the respective information or content provider, subscriber, or other user not under contract with Gifts That Give. Gifts That Give neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Gifts That Give employee spokespersons while acting in their official capacities. You agree that under no circumstances will Gifts That Give or any of its affiliates be liable for any loss or damage caused by Your reliance on third party information posted on the Website. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other third party content available on or through the Website.
Gifts That Give may monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these terms and conditions. However, Gifts That Give does not undertake to monitor or review every posting or communication, and Gifts That Give disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Gifts That Give is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Website, including, without limitation, all third party advertising posted on the Website. While Gifts That Give, from time to time, may monitor the content of the Submissions and other third party communications posted on the Website, Gifts That Give does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Website by users and other third parties. Any information or material placed on the Website by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Gifts That Give. Gifts That Give reserves all of its rights to discontinue in its sole discretion the services provided on the Website in general or to any user at any time.
“Gifts That Give” is a trademark (individually and collectively, the “the Gifts That Give Trademark”) owned by Gifts That Give. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Gifts That Give or their respective owners.
USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, You agree and acknowledge that:
You will not, directly or indirectly:
(a) Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
(b) Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(c) Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
(d) Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
(e) Attempt to access or access any other user’s account;
(f) Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
(g) Attempt to elude or elude the Website’s security systems;
(h) Attempt to gain access or gain access to the Website in a fraudulent manner;
(i) Use the Website for any purposes other than those intended by Gifts That Give, as determined by Gifts That Give in its sole discretion; or
(j) Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Gifts That Give and that in such event money damages will not constitute sufficient compensation to Gifts That Give; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Content, Submissions and any other information contained therein, You specifically consent to Gifts That Give obtaining injunctive relief against You in addition to any other legal or financial remedies to which Gifts That Give may be entitled.
NOTICE OF ENFORCEMENT
Gifts That Give vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Gifts That Give will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
REGISTRATION AND ACCOUNT CREATION
Gifts That Give may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.
USE OF USER ID/PASSWORD
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Website, and you are responsible for all use by you and those you allow to use the Website. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.
There may be circumstances where access to the Website is provided by a hypertext link located at another website. Gifts That Give has no responsibility for the content of such other website, Gifts That Give does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Gifts That Give shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Gifts That Give does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Gifts That Give, You agree not to: (a) provide or create a link to the Website; or (b) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Gifts That Give.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE WEBSITE IS OPERATED BY GIFTS THAT GIVE, INC., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTS THAT GIVE, INC., ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "GIFTS THAT GIVE BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE GIFTS THAT GIVE BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE GIFTS THAT GIVE BUSINESSES, THEIR AFFILIATES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE GIFTS THAT GIVE BUSINESSES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER GIFTS THAT GIVE BUSINESSES, GIFTS THAT GIVE, INC. NOR ANY OF THEIR AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE GIFTS THAT GIVE BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, THE GIFTS THAT GIVE BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE GIFTS THAT GIVE BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
GIFTS THAT GIVE’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF GIFTS THAT GIVE’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY GIFTS THAT GIVE WITH RESPECT TO SUCH USE.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after you have submitted your order). Please note that if the Website has products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Website you may return it in accordance with our Return Policy.
Contacting Us/Feedback, Postings and Communications
If you have any questions about this Agreement or the Website, please send us an email to firstname.lastname@example.org or write us at: Gifts That Give, Inc., Attn: Customer Service, 41 Madison Avenue, 31st Floor, Suite 3126, New York, NY 10010. Although Gifts That Give will in most circumstances be able to receive your email or other information provided through the Website (including, without limitation, service requests and other submissions), Gifts That Give does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Gifts That Give AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
4. ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND
5. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release Gifts That Give and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Gifts That Give or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from the Website, including, without limitation, permanently deleting all of the Content you have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon Gifts That Give’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to Gifts That Give will be deemed to have been duly given only if in writing and delivered by any of the following methods:
1. Certified U.S. mail, return receipt requested, postage prepaid, to Gifts That Give at Attn: Legal Affairs, 480 Mayhew Court, South Orange, NJ, 07079.
2. Email sent to email@example.com
Notices to Gifts That Give shall be deemed delivered when actually received by Gifts That Give.
Any notice or other document or communication from Gifts That Give required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from Gifts That Give, You represent and warrant to Gifts That Give that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Gifts That Give controls and operates the Website from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A. YOU AND GIFTS THAT GIVE AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
No delay or omission by Gifts That Give to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this User Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Gifts That Give of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any portion of this User Agreement is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
Gifts That Give is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Gifts That Give.
CONTINUED USE DEEMED ACCEPTANCE
Copyright 2011 Gifts That Give, Inc.
All Rights Reserved. April, 2011