Terms of Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.gifts.ge ("GIFTS.GE" or “Site”),
are provided to you under the terms and conditions of this GIFTS.GE Terms of
Service, and any operating rules or policies that may be published by GIFTS.GE
at the URL: www.gifts.ge (the "Service"). The GIFTS.GE TERMS OF SERVICE
comprises the entire agreement between you and GIFTS.GE and supersedes all prior
agreements between the parties regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS, OR USING GIFTS.GE, USER AGREES TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use GIFTS.GE
as long as you adhere to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Service,
you represent and warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all the Terms and Conditions of this
Agreement.
3. REGISTRATION:
You are required to register with GIFTS.GE if you want to create profiles of
gift recipients, view and edit your profile and to make any purchase. In order
to register with GIFTS.GE you must supply a valid email address, which will
be used as a unique identifier for your account, and a password.
4. DESCRIPTION OF SERVICE:
GIFTS.GE provides users with a variety of online services, including but not
limited to:
a) Gift Types
GIFTS.GE will suggest gift types for friends and family. You may also search
for gifts based on a specified price range, the occasion for which you would
like to purchase a gift, and the recipient’s personality.
b) Feedback.
GIFTS.GE allows you to post us any comments and wishes regarding gifts on the
site, which will be viewable by GIFTS.GE team. GIFTS.GE reserves the right to
terminate user account, block e-mail or IP addres of user during the registration
process if he’s/she’s comment contains derogatory language, threats
of physical harm, or any other reason GIFTS.GE determines in its sole discretion
is necessary to protect the integrity of its service.
5. CONTENT:
You are solely responsible for any data, text, graphics, messages,
or other materials ("Content") which is transmitted, posted, or distributed
by you through the Service, including but not limited to the contents of your
information. All Content posted by you is your sole responsibility. GIFTS.GE
does not control the Content posted by users such as yourself via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will GIFTS.GE be liable in any way for any Content
posted by any user or third party, including, but not limited to, liability
for any errors or omissions in any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted via the Service.
Subject to the terms of GIFTS.GE’s Privacy Policy, you agree if you post
any Content on the GIFTS.GE Site, you grant to GIFTS.GE, and its successors
and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable
license, in and to the Content, to distribute, display, modify, redistribute,
sublicense and reproduce such Content to other users of the Service and to third
parties with whom GIFTS.GE has a relationship. You also grant GIFTS.GE the right
to authorize the downloading and printing in whole or in part of any Content
that you post to the GIFTS.GE Service.
6. NO "SPAMMING":
You must not use any feature of the GIFTS.GE Service for chain letters,
junk mail, or "Spamming" nor make any use of the distribution lists
in a manner involving any person who has not given specific permission to be
included in such a process. If you use any feature of the GIFTS.GE Service for
the purpose of sending Spam, GIFTS.GE reserves the right to immediately terminate
your access to the GIFTS.GE Service and to seek appropriate legal recourse as
necessary.
7. PRIVACY POLICY:
It is GIFTS.GE’s policy to respect the privacy of its users.
You can access GIFTS.GE’s Privacy Policy from here.
8. SECURITY:
You are solely responsible for maintaining the confidentiality of your password
and account, and for any and all activities that occur under your account. You
may change your password or any other account information at any time by going
to your “My Account” page once you have logged in. You may also
set up a new account at your convenience. You agree to notify GIFTS.GE immediately
of any unauthorized use of your account or any other breach of security known
to you. You must promptly inform GIFTS.GE of actual or apparent breaches of
security, such as loss, theft, or authorized disclosure or use of a user account
or password. Until GIFTS.GE is notified of a breach in security, you will remain
liable for any unauthorized use of the GIFTS.GE Service through your account.
In consideration for using the GIFTS.GE Service, you agree to: (1) provide certain
current, complete, and accurate information about you when prompted to do so
by the Service, and (2) maintain and update this information as required to
keep it current, complete and accurate. If any information provided by you during
your original registration or in your My Account is inaccurate, GIFTS.GE reserves
the right to terminate your account immediately and your right to use the GIFTS.GE
Service.
9. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE:
Your right to use the GIFTS.GE Service is personal to you. You agree not to
resell or make any commercial use of the GIFTS.GE Service without the express
consent of GIFTS.GE. You may not create bots or other computer generated automatic
tools to abuse the GIFTS.GE Service in any manner. Use that constitutes abuse
shall be determined by GIFTS.GE in its sole discretion. GIFTS.GE reserves the
right to terminate your account if GIFTS.GE determines you have not complied
with this GIFTS.GE TERMS OF SERVICE.
10. USER CONDUCT:
GIFTS.GE reserves the right, but does not assume the responsibility, to monitor
or review your conduct on the GIFTS.GE Site. Your use of the GIFTS.GE Service
is subject to all applicable local, state, national and international laws and
regulations.
In using the GIFTS.GE Service you agree not to:
- Use the GIFTS.GE Service for illegal purposes;
- Interfere or disrupt networks connected to the GIFTS.GE Service or violate
the regulations, policies or procedures of such networks;
- Use the GIFTS.GE Service in connection with chain letters, junk mail, surveys,
contests, pyramid schemes, or use any distribution lists including any person
who has not given specific permission to be included in such a process (commercial
or otherwise);
- Harvest or otherwise collect information about other users, including e-mail
addresses, without their consent;
- Transmit through the GIFTS.GE Service any unlawful, harassing, defamatory,
abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise
objectionable material of any kind or nature;
- Invade another’s privacy or violate rights of publicity or intellectual property
rights (including but not limited to copyright, trademark and patent rights)
while using the GIFTS.GE Service;
- Transmit through the GIFTS.GE Service any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or regulation;
- Interfere with another User’s use and enjoyment of the GIFTS.GE Service;
- Defame, abuse, harass, stalk, threaten or violate the legal rights (such as
rights of privacy and publicity) of any other user;
- Create a false identity for the purpose of misleading others as to your identity
or the origin of a message;
- Transmit or upload any material that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious programs;
- Attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through hacking programs, password
mining or any other means; or
- Engage in any other conduct which, in GIFTS.GE’s sole discretion, is
considered inappropriate, unauthorized or objectionable.
11. TERMINATION:
You may terminate your participation in the GIFTS.GE Service with or
without cause at any time and effective immediately. GIFTS.GE may terminate
the GIFTS.GE Service or your use of the Service with or without cause at any
time and effective immediately, at GIFTS.GE’s sole discretion, by immediate
termination of your use of the GIFTS.GE Service should your conduct fail to
conform to the terms and conditions of this GIFTS.GE TERMS OF SERVICE. GIFTS.GE
shall not be liable to you or any third party for termination of the GIFTS.GE
Service or termination of your use of the GIFTS.GE Service. Should you object
to any terms and conditions of the GIFTS.GE TERMS OF SERVICE or any subsequent
modifications GIFTS.GE makes to the GIFTS.GE TERMS OF SERVICE.
12. LINKS TO THIRD PARTY SITES:
Any web sites that are accessible via links included within the GIFTS.GE Service
that take you out of the GIFTS.GE Service are not under GIFTS.GE’s control
and GIFTS.GE shall not be responsible for the content, products or services
of any linked website. All such websites shall be subject to the policies and
procedures of the owner of such websites. We encourage you to read those policies
and know your rights under any web site you visit.
13. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GIFTS.GE SERVICE IS AT YOUR SOLE RISK.
THE GIFTS.GE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GIFTS.GE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIFTS.GE MAKES NO WARRANTY
THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT GIFTS.GE DOES NOT CONTROL
CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES
OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION,
PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GIFTS.GE FROM THIRD PARTIES OR
CONTENT PROVIDED BY OTHER USERS. GIFTS.GE ASSUMES NO RESPONSIBILITY FOR AND
MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE
AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS)
THROUGH THE GIFTS.GE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD
ANY MATERIAL FROM THE GIFTS.GE SERVICE. GIFTS.GE MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH ITS SERVICE.
14. LIMITATION OF LIABILITY:
GIFTS.GE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF GIFTS.GE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE;
(II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO
WITH GIFTS.GE OR A THIRD PARTY THROUGH THE USE OF THE GIFTS.GE SERVICE; (IV)
OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA.
YOU SPECIFICALLY AGREE THAT GIFTS.GE IS NOT RESPONSIBLE OR LIABLE TO YOU OR
ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL,
VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH
OF ANY OTHER PARTY ON OR THROUGH THE GIFTS.GE SERVICE, OR FOR ANY INFRINGEMENT
OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO
INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
15. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:
GIFTS.GE reserves the right to modify or discontinue the GIFTS.GE Service with
or without notice to you. GIFTS.GE shall not be liable to you if GIFTS.GE modifies
or discontinues its Service. GIFTS.GE may change the terms and conditions of
the GIFTS.GE TERMS OF SERVICE at any time in its sole discretion. In the event
of any material or substantial change in the terms and conditions of this GIFTS.GE
TERMS OF SERVICE, GIFTS.GE may notify you via e-mail. |