Terms & Conditions
INTRODUCTION
The provisions contained herein constitute the Terms and Conditions of users’ (each referred to as a “User”) use of Givenly’s (referred to as “we”, “our”, “us”, or “Givenly”) services and website, http://www.givenly.com (“Site”). These Terms and Conditions contain the complete provisions that apply to Users’ participation on and of our Site. The provisions contained herein describe and encompass the entire agreement between us and Users and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, and computer programs provided by or through the Site, and the subject matter of these Terms and Conditions. If you as a User wish to use the Site and communicate with other Users, please read these Terms and Conditions carefully before using our Site and its services. By accessing this Site or using any part of the Site or any content or services provided by us, you agree to become bound by these Terms and Conditions. If you do not agree to all the provisions contained herein, then you may not access the Site or use the content or any services in the Site. Changes and/or modifications to these provisions may be made and effected by us from time to time without specific notice to Users. The Terms and Conditions posted on the Site reflect the latest Terms and Conditions and Users should carefully review the same before using our Site.
ELIGIBILITY
This Site, including its tools, applications and services are intended solely for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using our Site including its tools, applications and services, you warrant and represent that you are at least thirteen (13) years old with full authority, right, and capacity to enter into these Terms and Conditions and to abide by all of the Terms and Conditions.
USE OF THE SITE & PROHIBITIONS
This Site allows Users to purchase online or to contact us for the purpose of purchasing gift baskets and having them delivered to third parties as per the User's directions. You understand and agree that you will use this Site including its tools and services with a full sense of responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations. Users agree that they will use the Site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Users may view, download for collection purposes only, and print pages or other contents from the Site for their own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions:
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the services provided on the Site, including unauthorized framing of or linking to the Site will be investigated and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish hyperlinks to appropriate parts of an outside site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices placed on the Site or the outside site; (iii) the link does not state or imply any sponsorship or endorsement of the outside site; and (iv) you immediately stop providing any links to the outside site upon written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our Site.
CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS
Users are responsible for the content of their communications, messages and posts, and its consequences. We reserve the right to terminate your registration without notice if we become aware, at our sole discretion, that you are violating any of the guidelines set forth in these Terms and Conditions and Privacy Policy. While we want to encourage an open exchange of information and ideas, we do not review postings made in any chat rooms, forums and other public posting areas on the Site. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a User, from a celebrity or "expert" guest, or from a member of our staff.
By participating on this Site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the Site or otherwise interrupt the ability of Users to use or enjoy the same. We reserve the right to delete, move or edit any postings that we consider unacceptable or inappropriate, whether for legal or other reasons. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms and Conditions or where we reasonably believe a User does not comply with any relevant age restrictions on the Site.
WARRANTY DISCLAIMER AND EXCLUSIONS/LIMITATIONS OF LIABILITY
THE CONTENTS OF THIS SITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT OUR EXPRESS WRITTEN PERMISSION. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
USE OF THIS SITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES GIVENLY PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT TO ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS SITE OR ANY LINKS TO THIS SITE. GIVENLY EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS SITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS SITE OR ANY LINKS TO THIS SITE. IN NO EVENT SHALL GIVENLY BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE SITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SITE OR ANY LINKS TO THIS SITE. GIVENLY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS SITE, THE USE OR INABILITY TO USE THIS SITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SITE OR ANY LINKS TO THIS SITE, EVEN IF GIVENLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT GIVENLY CORRECTS THE MATTER OR, IF GIVENLY FAILS TO DO SO, TO DISCONTINUE USE OF THE SITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.
Users represent and warrant that: (a) all of the information provided by you to our Site is correct and current; and (b) you have all necessary rights, powers and authority to be bound by these Terms and Conditions and Privacy Policy.
Users hereby accept and agree that it is beyond our control, and we have no duty to take any action regarding which Users gain access to the Site; what effects the Site’s content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the Site or any content therein. You release us from all liability for you having acquired or not acquired content through the Site or any of our services.
The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Additionally, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Site or any part therein at anytime. When you use the Site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we do not intend to give up our rights, or anyone else's rights, to the materials appearing on the Site. The materials and content available on the Site shall remain the property of Givenly and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Site or anything retrieved or downloaded from it.
You hereby acknowledge that all rights, titles and interests, including, but not limited to, rights covered by the laws governing copyright and trademark rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in these Terms and Conditions. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.
CONFIDENTIALITY
Users agree not to disclose information they obtain from us and/or from any of our Users, clients, advertisers, suppliers, and forum members. All information submitted to an end-user customer pursuant to a program is proprietary information of Givenly. Such customer information is confidential and may not be disclosed. Users agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody or any entity, and any such attempt may result in termination of rights to use our Site without liability to us.
WAIVER AND SEVERABILITY OF TERMS
Failure of Givenly to insist upon strict adherence to any of the Terms and Conditions shall not be deemed a relinquishment or waiver of any rights or remedy that we may have nor shall it be construed as a waiver of any subsequent breach of these Terms and Conditions, which shall remain in full force and effect.
No waiver by any User or Givenly of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ENTIRE AGREEMENT
These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of Illinois, without any reference to conflict-of-laws principles. These Terms and Conditions describe and encompass the entire agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of these Terms and Conditions.
CHOICE OF LAW/JURISDICTION
Any dispute, controversy or difference which may arise between the Givenly and any User, in relation to or in connection with these Terms and Conditions or any Use of the Site is hereby irrevocably submitted to the exclusive jurisdiction of the state of Illinois with venue being proper in Cook County.
TERMINATION
These Terms and Conditions will remain in full force and effect while you use the Site. You may terminate your membership at any time for any reason by following the instructions listed in the “TERMINATION OF ACCOUNT” on the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of any of our service and we terminate your membership in the service because you have breached the provisions contained herein, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of these Terms and Conditions will remain in effect.
The provisions contained herein constitute the Terms and Conditions of users’ (each referred to as a “User”) use of Givenly’s (referred to as “we”, “our”, “us”, or “Givenly”) services and website, http://www.givenly.com (“Site”). These Terms and Conditions contain the complete provisions that apply to Users’ participation on and of our Site. The provisions contained herein describe and encompass the entire agreement between us and Users and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, and computer programs provided by or through the Site, and the subject matter of these Terms and Conditions. If you as a User wish to use the Site and communicate with other Users, please read these Terms and Conditions carefully before using our Site and its services. By accessing this Site or using any part of the Site or any content or services provided by us, you agree to become bound by these Terms and Conditions. If you do not agree to all the provisions contained herein, then you may not access the Site or use the content or any services in the Site. Changes and/or modifications to these provisions may be made and effected by us from time to time without specific notice to Users. The Terms and Conditions posted on the Site reflect the latest Terms and Conditions and Users should carefully review the same before using our Site.
ELIGIBILITY
This Site, including its tools, applications and services are intended solely for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using our Site including its tools, applications and services, you warrant and represent that you are at least thirteen (13) years old with full authority, right, and capacity to enter into these Terms and Conditions and to abide by all of the Terms and Conditions.
USE OF THE SITE & PROHIBITIONS
This Site allows Users to purchase online or to contact us for the purpose of purchasing gift baskets and having them delivered to third parties as per the User's directions. You understand and agree that you will use this Site including its tools and services with a full sense of responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations. Users agree that they will use the Site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Users may view, download for collection purposes only, and print pages or other contents from the Site for their own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions:
- Users must not use our Site, including its services and or tools if they lack the capacity and/or understanding to enter into a legally binding contract, are under the age of 13, or are temporarily or indefinitely suspended from using our Sites, services, or tools;
- Users should not post any blogs, items, messages, and/or contents that are inappropriate and fails to observe a sense of decency and/or would offend other Users;
- Users must not republish, sell, rent or sub-license any materials from this Site including the re-publication on another website;
- Users must not collect and disclose information about other Users’ personal information;
- Users must not reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose;
- Users must not post false, inaccurate, misleading, defamatory, or libelous content;
- Users must not take any action that may damage the rating system contained as a service with the Site;
- Users must not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the services provided on the Site, including unauthorized framing of or linking to the Site will be investigated and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish hyperlinks to appropriate parts of an outside site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices placed on the Site or the outside site; (iii) the link does not state or imply any sponsorship or endorsement of the outside site; and (iv) you immediately stop providing any links to the outside site upon written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our Site.
CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS
Users are responsible for the content of their communications, messages and posts, and its consequences. We reserve the right to terminate your registration without notice if we become aware, at our sole discretion, that you are violating any of the guidelines set forth in these Terms and Conditions and Privacy Policy. While we want to encourage an open exchange of information and ideas, we do not review postings made in any chat rooms, forums and other public posting areas on the Site. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a User, from a celebrity or "expert" guest, or from a member of our staff.
By participating on this Site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the Site or otherwise interrupt the ability of Users to use or enjoy the same. We reserve the right to delete, move or edit any postings that we consider unacceptable or inappropriate, whether for legal or other reasons. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms and Conditions or where we reasonably believe a User does not comply with any relevant age restrictions on the Site.
WARRANTY DISCLAIMER AND EXCLUSIONS/LIMITATIONS OF LIABILITY
THE CONTENTS OF THIS SITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT OUR EXPRESS WRITTEN PERMISSION. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
USE OF THIS SITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES GIVENLY PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT TO ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS SITE OR ANY LINKS TO THIS SITE. GIVENLY EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS SITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS SITE OR ANY LINKS TO THIS SITE. IN NO EVENT SHALL GIVENLY BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE SITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SITE OR ANY LINKS TO THIS SITE. GIVENLY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS SITE, THE USE OR INABILITY TO USE THIS SITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SITE OR ANY LINKS TO THIS SITE, EVEN IF GIVENLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT GIVENLY CORRECTS THE MATTER OR, IF GIVENLY FAILS TO DO SO, TO DISCONTINUE USE OF THE SITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.
Users represent and warrant that: (a) all of the information provided by you to our Site is correct and current; and (b) you have all necessary rights, powers and authority to be bound by these Terms and Conditions and Privacy Policy.
Users hereby accept and agree that it is beyond our control, and we have no duty to take any action regarding which Users gain access to the Site; what effects the Site’s content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the Site or any content therein. You release us from all liability for you having acquired or not acquired content through the Site or any of our services.
The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Additionally, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Site or any part therein at anytime. When you use the Site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we do not intend to give up our rights, or anyone else's rights, to the materials appearing on the Site. The materials and content available on the Site shall remain the property of Givenly and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Site or anything retrieved or downloaded from it.
You hereby acknowledge that all rights, titles and interests, including, but not limited to, rights covered by the laws governing copyright and trademark rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in these Terms and Conditions. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.
CONFIDENTIALITY
Users agree not to disclose information they obtain from us and/or from any of our Users, clients, advertisers, suppliers, and forum members. All information submitted to an end-user customer pursuant to a program is proprietary information of Givenly. Such customer information is confidential and may not be disclosed. Users agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody or any entity, and any such attempt may result in termination of rights to use our Site without liability to us.
WAIVER AND SEVERABILITY OF TERMS
Failure of Givenly to insist upon strict adherence to any of the Terms and Conditions shall not be deemed a relinquishment or waiver of any rights or remedy that we may have nor shall it be construed as a waiver of any subsequent breach of these Terms and Conditions, which shall remain in full force and effect.
No waiver by any User or Givenly of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ENTIRE AGREEMENT
These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of Illinois, without any reference to conflict-of-laws principles. These Terms and Conditions describe and encompass the entire agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of these Terms and Conditions.
CHOICE OF LAW/JURISDICTION
Any dispute, controversy or difference which may arise between the Givenly and any User, in relation to or in connection with these Terms and Conditions or any Use of the Site is hereby irrevocably submitted to the exclusive jurisdiction of the state of Illinois with venue being proper in Cook County.
TERMINATION
These Terms and Conditions will remain in full force and effect while you use the Site. You may terminate your membership at any time for any reason by following the instructions listed in the “TERMINATION OF ACCOUNT” on the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of any of our service and we terminate your membership in the service because you have breached the provisions contained herein, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of these Terms and Conditions will remain in effect.