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Terms of Use

THE SERVICE

GiftConspiracy.com provides a collection of tools for interacting with family and friends for the purpose of facilitating the exchange and purchase of gifts, subject to the following Terms of Use ("TOU"). By using the Service provided by GiftConspiracy.com in any way, you are agreeing to comply with the TOU. You also agree to abide by any changes in the TOU, which may change from time to time. Should you object to any term or condition of the TOU, your only recourse is to immediately discontinue use of GiftConspiracy.com. GiftConspiracy.com is not required, but has the right, to enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. It is important that Users of this Website read and understand these terms of use of this Website. This Website is for use by anyone, without warranty of any kind, express or implied, specifically disclaiming the implied warranties of merchantibility and fitness for a particular purpose. These terms and conditions are governed by and will be construed according to the laws of the State of California All services and products of this GiftConspiracy.com Website are provided as-is, and are for the amusement and convenience of users only. This site is not intended to be mission-critical and its constant availability is in no way guaranteed. This Website is NOT guaranteed to be free of all viruses or technical problems due the nature of the internet and the possibility of third party interference. The owners and operators of this web site are NOT liable for any damage or loss as a result of use of this Website. This Website and all documents associated therewith are for PERSONAL use only and never for commercial use. The User warrants that this Website will NOT be used for any unlawful or prohibited purpose. To obtain the services of this web site, a user must create an account and password. ' The login name is the email address of the user. By creating an account and password, and accessing the website, the user agrees to all of these and other terms published here from time to time.

MODIFICATION OF AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. It is your responsibility to periodically view these terms in order to keep informed.

CONTENT

You understand that GiftConspiracy.com does is not responsible for Content made available through its site, and that you may be exposed to postings that are offensive or objectionable. Additionally, GiftConspiracy.com may include advertisements, search boxes, or widgets that link to content on other sites which are independent of GiftConspiracy.com. GiftConspiracy.com makes no representation or warranty as to content or any charactaristics of the sites which are so linked. You use this site and its links to other site at your own risk. In no event will GiftConspiracy.com be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this site or any linked site. You acknowledge that GiftConspiracy.com does not evaluate or examine Content, but that GiftConspiracy.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is posted on its site for any or no reason. You agree that GiftConspiracy.com and/or its operators shall not be responsible or liable for any loss or In the event that you have a dispute with one or more other users, you hereby release GiftConspiracy.com and its owners and operators from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you believe that your work has been copied in a way that constitutes copyright infringement, please notify GiftConspiracy.com's agent for notice of claims of copyright or other intellectual property infringement abuse@GiftConspiracy.com Please provide our Agent with the following Notice: a) Identify the material on the GiftConspiracy.com site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. GiftConspiracy.com will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA). Your use of the GiftConspiracy.com website constitutes signifies acknowledgement of and agreement with these terms. You further acknowledge and agree that GiftConspiracy.com may preserve or disclose your postings, email addresses, IP addresses, and other user information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of GiftConspiracy.com, its users or the general public. You agree not to post any content that is that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way You understand and agree that some of GifConspiracy.com's services, including portions of its databases, may be hosted on third party professional web hosting systems. As such, GiftConspiracy.com cannot absolute guarantee the confidentiality of any information stored or posted on its system. Accordingly, you understand that GiftConspiracy.com is not an appropriate platform for storing or disseminating sensitive information including personal information or information that cannot be made public. You acknowledge that GiftConspiracy.com may establish limits concerning use of the website, and is in no way obligated to continue to offer the service for any particular period of time. You acknowledge that GiftConspiracy.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GiftConspiracy.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

ACCESS TO THE WEBSITE

GiftConspiracy.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. Use of the Service beyond the scope of authorized access granted to you by GiftConspiracy.com immediately terminates said permission or license.

TERMINATION OF SERVICE

You agree that GiftConspiracy.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the website, immediately and without notice, and remove and discard any content within the site, for any reason. You also agree that GiftConspiracy.com shall not be liable to you or any third-party for any termination of your access.

INTELLECTUAL PROPERTY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. You agree agree not to reproduce, duplicate or copy Content from the website without the express written consent of GiftConspiracy.com Registration of GiftConspiracy.com and GiftConspiracy as registered marks in the U.S. Patent and Trademark Office is pending. Although GiftConspiracy.com does not claim ownership of content that its users post, by posting any content to the website, you automatically grant, and you represent and warrant that you have the right to grant, to GiftConspiracy.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF GiftConspiracy.com IS ENTIRELY AT YOUR OWN RISK. THE GiftConspiracy.com SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftConspiracy.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GiftConspiracy.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftConspiracy.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GiftConspiracy.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GiftConspiracy.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftConspiracy.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GiftConspiracy.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GiftConspiracy.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GiftConspiracy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GiftConspiracy.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GiftConspiracy.com SITE OR THE SERVICE, FROM INABILITY TO USE THE GiftConspiracy.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GiftConspiracy.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GiftConspiracy.com SITE OR THE SERVICE OR ANY LINKS ON THE GiftConspiracy.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GiftConspiracy.com SITE OR THE SERVICE OR ANY LINKS ON THE GiftConspiracy.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold GiftConspiracy.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

ENTIRE AGREEMENT

The TOU constitute the entire agreement between you and GiftConspiracy.com and govern your use of the Service, superceding any prior agreements between you and GiftConspiracy.com.

CHOICE OF LAW, VENUE, and WAIVERS

The TOU and the relationship between you and GiftConspiracy.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GiftConspiracy.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of GiftConspiracy.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

 
     

     

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