Terms of Service

GIFTERS.COM TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE.

Updated 06/2013

The following are the terms and conditions for use of Gifters.com and its services (the "Website"). The Website is owned and operated by BAS Gifters.com LLC. ("Gifters," or “us,” or “we”).

By accessing the Website, continuing to access the Website, or submitting any information through the Website, and in consideration for the services Gifters provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Website as well as any third-parties accessing the Website on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE WEBSITE AND ITS SERVICES (the "Agreement"). Use of the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

I. USER ACCOUNTS, REGISTRATION, AND INFORMATION SUBMISSION

Registration. In order to utilize some of the Website’s services, you must register and create an account. In order to create an account, you must complete the registration process by providing Gifters with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Gifters immediately of any unauthorized use of your account or any other breach of security.

Information Submission. During your use of the Website, you may be prompted to enter personal information. Your submission of such personal information is strictly voluntary. However, you may be unable to use some of the Website’s services without inputting the requested information. When submitting personal information, you must provide Gifters with complete and accurate information as prompted by the Website or applicable form.

Refusal of Service. Gifters reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, abuse other Website users, misuse the Website or its services, or otherwise engage in inappropriate conduct, as determined by Gifters in its sole discretion.

II. PRIVACY

The Website is governed by the Gifters.com Privacy Policy which is incorporated into this Agreement by this reference. Please read the Privacy Policy before accessing the Website or providing any personal information through the Website or its services.

III. PROPRIETARY RIGHTS

Gifters expressly reserves all right, title, and interest in and to the Website and the Website's content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.

IV. USER-GENERATED/THIRD-PARTY CONTENT

Overview and Age Restrictions. Portions of the Website allow users or other third parties to post or upload user-generated content, including but not limited to photographs, product reviews, stories, comments, opinions, or likes or dislikes. ("User Content"). By submitting User Content, you represent that you are 13 years of age or older, and, if under the age of 19, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement and use the Website and its services.

User Obligations and License. You are solely responsible for all content or information you post, upload, or otherwise transmit (collectively "Post") through the Website. You agree not to Post through the Website any User Content which is defamatory, which infringes upon a party's intellectual property, or is otherwise illegal. By Posting User Content on the Website, you warrant and represent that such information is truthful and accurate. Additionally, by Posting User Content to the Website, you automatically grant, and warrant and represent that you have the right to grant, Gifters a perpetual, irrevocable, royalty-free, worldwide exclusive sub-licensable license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content.

Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Gifters is only a distributer, and not the publisher or speaker, of any User Content. As such, Gifters cannot be held liable for making available any User Content which may be false or inaccurate. The information, offers, or opinions contained in the User Content made available through the services are those of their respective authors alone. Gifters does not encourage or instruct anyone to write comments, negative or otherwise, about any specific or party. Gifters does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Gifters be responsible for any loss or damage resulting from any person's reliance on any User Content.

Reservation of Rights. Gifters reserves the right to remove or not remove any User Content from the Website for any reason or no reason at all, in Gifters’ sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Gifters reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.

Information Storage. Gifters does not guarantee that it will store any information you submit through the Website for any certain period of time. Gifters reserves the right, in its sole discretion, to determine whether and how long to store user data. Gifters also reserves the right, in its sole discretion, with or without notice, to remove or delete user data, wish lists, content, or inactive accounts. Gifters will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Website or Gifter's servers.

V. DIGITAL MILLENNIUM COPYRIGHT ACT

Gifters respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify Gifters’ copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

1. Identification of the copyrighted work that you claim has been infringed;

2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;

3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notifications of claimed infringement should be forwarded to:

DMCA Agent

If you give notice of copyright infringement by text e-mail, Gifters’ copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

Gifters reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.

VI. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS

Gifters does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Website will be accurate, (ii) the Website or related services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Website or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Website or the materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable.

Further, Gifters expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, linked to, or pictured on the Website. Gifters does not endorse any such products and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Likewise, Gifters does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Gifters be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Website.

THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GIFTERS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. GIFTERS DOES NOT WARRANT THAT THIS WEBSITE'S SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

If you access the Website or any of its related services through a mobile device, your wireless service carrier may charge you data rates and related fees.

VII. HYPERLINKS

A link from the Website to a non-Gifters website does not mean that Gifters endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Gifters expressly disclaims any liability related to such sites. Gifters also prohibits unauthorized hypertext links to the Website or the framing of any content available through the Website. Gifters reserves the right to disable any unauthorized links or frames.

VIII. COMPLIANCE

You will not use the Website or its services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

IX. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Gifters, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against Gifters or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Gifters or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Website, or (iii) your unauthorized use of the Website. In such a case, Gifters will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Gifters reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

X. LIMITATIONS OF LIABILITY

GIFTERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF GIFTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, GIFTERS’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED AND 00/100 DOLLARS ($100).

XI. TERMS AND TERMINATION

Either party may terminate this agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, Gifters will cease providing you the Website's services.

XII. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

Gifters reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the use of the Website or its services, at any time, by posting the new agreement to this website. You will know we have changed the terms when you see a new updated date at the top of this Agreement. You are responsible for regularly reviewing the terms. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Gifters or (ii) you continue to use the Website after Gifters has posted updates to the Agreement or to any policy governing the use of the Website or its services.

XIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

XIV. MISCELLANEOUS; APPLICABLE LAW AND VENUE

This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Texas without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Texas law, rules, and regulations, Texas law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Texas, Dallas County. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Service is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to Gifters must be sent to:

ADDRESS: PO Box 670385, Dallas, TX 75367.

via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. The relationship between Gifters and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.


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