Gifts 'N Things Accepts:
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ACCEPTANCE OF TERMS
GIFTS ‘N THINGS, INC. makes available
for your use on this website located at WWW.GNTINC.COM (the "Site")
information, documents, software and products (collectively, the
"Content") and various services (the "Services"),
subject to the terms and conditions set forth in this document (the
"Terms of Use"). By accessing the Site, you agree to the
Terms of Use. GIFTS ‘N THINGS, INC. reserves the right to
change the Terms of Use from time to time at its sole discretion
without notice. Your use of the Site will be subject to the most
current version of the Terms of Use posted on the Site at the time
of such use. There may be additional terms and conditions relating
to your use of certain portions of the Site. If you use these other
portions of the Site, you will also be bound by those other terms
and conditions. If you breach any of the Terms of Use, your authorization
to use this Site automatically terminates and you must immediately
destroy any Content downloaded or printed from the Site.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks, logos
and other intellectual property rights in the Site, any Content
and any Services are owned by and shall at all times remain the
property of GIFTS ‘N THINGS, INC. and/or third parties. GIFTS
‘N THINGS, INC. DOES NOT grant any express or implied right
to you under any patent, copyright, trademark or other intellectual
property right with respect to the Site, the Content or the Services.
You may only use such intellectual property as specifically authorized
by these Terms of Use. You grant GIFTS ‘N THINGS, INC. permission
to use on the Site or in connection therewith all comments, graphics,
ideas and other information you provide to GIFTS ‘N THINGS,
INC. through the Site, email or other means.
COPIES
Except as specifically authorized by these Terms
of Use, no portion of the Content may be reproduced, displayed,
distributed, stored or used in any form or by any means without
GIFTS ‘N THINGS, INC.'s prior written consent.
CONTENT
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..
6. The rights granted to you in these Terms of Use constitute a
revocable, non-exclusive, personal, non-transferable license and
NOT a transfer of title.
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 MERCHANTABILITY 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 downloading or other acquisition of any Content,
Services or products through the Site is done at your own discretion
and risk and with your agreement that you will be solely responsible
for any damage to your computer system, loss of data or other damage
or loss that results from any such downloading or acquisition. No
advice or information, whether oral or written, that you obtain
from GIFTS ‘N THINGS, INC. or through or from the Site will
create any warranty not expressly stated in these Terms of Use.
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.
YOUR INFORMATION
Refer to the GIFTS ‘N THINGS, INC. Privacy
Policy posted on the Site to learn how GIFTS ‘N THINGS, INC.
protects your personal information. To the extent you provide any
information to GIFTS ‘N THINGS, INC. while using the Site,
you represent and warranty that all such information is accurate
and complete in all respects.
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.
INAPPROPRIATE BEHAVIOR
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.
INDEMNITY
You agree to indemnify and hold harmless GIFTS
‘N THINGS, INC. and its subsidiaries, affiliates, officers,
agents, affiliates, co-branders and employees from and against any
cost, expense, indebtedness, liability, loss, claim or demand, including
without limitation reasonable attorneys' fees and disbursements,
arising out of content you submit, post to or transmit through the
Site, your use of the Site or any Content or Services, your connection
to the Site, your violation of these Terms of Use or your violation
of any rights of GIFTS ‘N THINGS, INC. or any other individual
or entity.
NOTICES
You may send notices to GIFTS ‘N THINGS,
INC. at 26 East Locust Streeet, Fleetwood, PA 19522. 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
These Terms of Use (i) may be amended by GIFTS
‘N THINGS, INC. at any time by posting an amendment on the
Site, whether or not you actually receive notice of the amendment,
or by you and GIFTS ‘N THINGS, INC. in a writing executed
by you and GIFTS ‘N THINGS, INC., (ii) inure to the benefit
of, and are binding upon, you and GIFTS ‘N THINGS, INC. and
each of your and GIFTS ‘N THINGS, INC.'s successors and assignees,
except that you may not assign any of your obligations under these
Terms of Use without GIFTS ‘N THINGS, INC.'s prior written
consent, (iii) are governed by and will be interpreted and enforced
in accordance with the laws of the State of Pennsylvania, without
regard to principles of conflict of laws and (iv) constitute the
entire agreement between you and GIFTS ‘N THINGS, INC. with
respect to the subject matter hereof, and supersede all prior oral
and written proposals, representations, understandings and agreements.
You and GIFTS ‘N THINGS, INC. will submit any dispute relating
to the Site, the Content, the Services or these Terms of Use exclusively
to a federal or state court located in the County of Berks, Pennsylvania
and consent to its being a proper venue for such dispute. GIFTS
‘N THINGS, INC. makes no representation that the Site, the
Content or the Services are appropriate or available for use in
locations other than the State of Pennsylvania, and accessing them
from territories where they are illegal is prohibited. Those who
choose to access this Site from other locations do so exclusively
on their own initiative, for their own purposes, and are responsible
for compliance with local laws.
Thank you for visiting this website owned and maintained by GIFTS
‘N THINGS, INC., and for reviewing our privacy policy. This
policy was last updated on July 30, 2004.
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