ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY RIGHTS
You may view, download and print the Content subject to the following conditions:
1. The Content may be used solely for your personal, informational, internal and noncommercial purposes.
2. The Content may not be modified or altered in any way.
3. The Content may not be distributed.
4. You may not remove any copyright or other proprietary notices contained in the Content.
5. GIFTS ‘N THINGS, INC. reserves the right to revoke your authorization to view, download and print any Content at any time, and you must discontinue any such use immediately upon written notice from GIFTS ‘N THINGS, INC..
Notwithstanding the foregoing, elements of the Site (including without limitation its design and layout) are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
USE AND PROTECTION OF ACCOUNT ID AND PASSWORD
Should the Site include an account ID or password, you are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not you actually or expressly authorize them.
WARRANTIES AND DISCLAIMERS THE SITE, ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GIFTS ‘N THINGS, INC. MAKES NO WARRANTY THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site contains links to third-party Internet sites that are not under GIFTS ‘N THINGS, INC.’s control. GIFTS ‘N THINGS, INC. makes no representations whatsoever about any other website to which you may have access through the Site. When you access a website other than the Site, you do so at your own risk and GIFTS ‘N THINGS, INC. is not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content or statements contained on these Internet sites or for the quality of any products or services available on these Internet sites. GIFTS ‘N THINGS, INC. provides these links merely as a convenience and the inclusion of such links does not imply that GIFTS ‘N THINGS, INC. endorses, recommends or accepts any responsibility for the content or use of these Internet sites.
IN NO EVENT WILL GIFTS ‘N THINGS, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES OR ANY INTERNET SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT GIFTS ‘N THINGS, INC. COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TERMINATION AND MODIFICATION
GIFTS ‘N THINGS, INC. may modify or terminate the Site, any Content and any Services, including without limitation the prices and descriptions of any products or Services listed on the Site, at any time without notice. The Content or Services may be out of date, and GIFTS ‘N THINGS, INC. makes no commitment to update any Content or Services.
Any of the following may result in your suspension or permanent expulsion from the Site. The sole test of whether or not you have engaged in such behavior is GIFTS ‘N THINGS, INC.’s own discretion. Certain behaviors also may result in criminal or civil action.
1. Use of vulgar or offensive language, including in your username or email address.
2. Perpetration of illegal, abusive or unethical activity.
3. Threat of physical violence.
4. Threat of destruction of property.
5. Harassment of any person.
6. Making any racially, sexually or otherwise offensive comment.
7. Distribution of obscene material or use of obscene or sexually suggestive language.
8. Violation of privacy, including without limitation the involuntary public disclosure of a third party’s phone number, mailing or email address or other personal or private information.
9. Defacement of any part of the Site.
10. Hacking, the deliberate distribution of a computer virus or any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose.
11. Gambling or promotion of gambling.
12. Infringement of the intellectual property or other proprietary rights of any party.
You may send notices to GIFTS ‘N THINGS, INC. at 145 Highland Ave, Kutztown, PA 19530. Phone: (800) 468-7511. Any notice will be effective upon actual receipt by GIFTS ‘N THINGS, INC.. GIFTS ‘N THINGS, INC. may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting on the Site.
GOVERNING LAW AND JURISDICTION