Acceptance of
Agreement.
You agree to the
terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site ("GIFT SALE CENTER").
This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
Copyright.
The content, organization, graphics, design,
compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, is strictly prohibited. You do
not acquire ownership rights to any content, document or other
materials viewed through the Site. Some of the content on the site is
the copyrighted work of third parties.
Service
Marks.
"GIFT SALE CENTER", and others are our service
marks or registered
service marks or trademarks. Other product and company names mentioned
on the Site may be trademarks of their respective owners.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information,
materials or documents (collectively defined as "Content and
Materials") therein are subject to the following restrictions and
prohibitions on use: You may not:
(a) use any automatic or manual process to harvest
information from the
Site;
(b) use the Site in a manner that violates any
state or federal law
regulating email, facsimile transmissions or telephone solicitations;
Linking
to the Site.
You may provide links to the Site, provided (a)
that you do not remove
or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage in
illegal or pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and
sponsors are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with applicable laws. We
are not responsible for the illegality or any error, inaccuracy or
problem in the advertiser's or sponsor's materials.
Registration.
Certain sections of, or offerings from, the Site
may require you to
register. If registration is requested, you agree to provide us with
accurate, complete registration information. Your registration must be
done using your real name and accurate information. Each registration
is for your personal use only and not on behalf of any other person or
entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible for
preventing such unauthorized use.
Errors,
Corrections and Changes.
We do not represent or warrant that the Site will
be error-free, free
of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or
otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
Third
Party Content.
Third party content may appear on the Site or may
be accessible via
links from the Site. We are not responsible for and assume no liability
for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by
nor does it necessarily reflect our belief.
Unlawful
Activity.
We reserve the right to investigate complaints or
reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history, IP
addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Service.
Nontransferable.
Your right to use the Service is not transferable
or assignable. Any
password or right given to you to obtain information or documents is
not transferable or assignable.
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR
THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
MODIFICATIONS
TO SERVICE
GIFT SALE CENTER reserves the right at any
time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that GIFT SALE CENTER
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
TERMINATION
You agree that GIFT SALE CENTER, in its sole
discretion, may
terminate your use of the Service and discard any Content within the
Service, for any reason, including, without limitation, for lack of use
or if GIFT SALE CENTER believes that you have violated the TOS. POT
LUCK IN SPECIAL may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice.
Further, you agree that GIFT SALE CENTER shall not be liable to you
or any third-party for any termination of your access to the Service.