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Terms & Conditions

Terms and Conditions of Website Use

 

These Terms and Conditions of Website Use ("Website Terms”) govern your use of any websites and social media pages operated, directed by or otherwise maintained by gift it art, LLC,  that display or link to these Terms (the “sites”). You agree to these Website Terms and to our Privacy Policy by your access or use of the Sites and any of the services offered by gift it art, including your purchase from the sites, whether or not you are a registered user of the sites.

We reserve the right to change these Website Terms from time to time without notice to you, and any such changes will be effective upon publication on the site.

 

BY ACCESSING OR USING THE SITE OR OUR SOCIAL MEDIA PAGES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE WEBSITE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ARE OTHERWISE DISSATISFIED WITH THE SITE, PLEASE DO NOT ACCESS OR USE THE SITE.

 

 

Your Account

 

You may be required to create an account and specify a password in order to make purchases or use certain features on the sites. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes. One account per person. You must be at least 13 years old to create an account.

 

You may not share your account with anyone else. If you believe that your account has been compromised at any time, please contact us via email at mel@giftitart.com .

 

 

Content You Post

 

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “content") on the sites for use by gift it art. You acknowledge and agree that you may only post content if:

  • You are at least 18 years old;

  • You own all the rights to the content and are authorized to assign any and all rights in the content to gift it art;

  • The content does not infringe upon the rights of any third parties, including but not limited to copyright, trademark, trade secret, and publicity rights;

  • The content does not violate these Terms and will not cause injury to any person or entity;

  • The content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • The content does not contain any computer viruses, worms or other potentially damaging computer programs, files or malware;

  • You did not receive any form of compensation or consideration by any third party to post the content;

  • The content is not or may not be reasonably considered to be false, inaccurate, misleading, defamatory, obscene, indecent, libelous, hateful, unlawfully threatening, unlawfully harassing to any individual or entity, offensive, or otherwise deemed unlawful or inappropriate in gift it art’s sole discretion; and

  • You agree to comply with any other requirement as may be provided to you by gift it art.

Any content that you submit may be used at gift it art’s sole discretion. Gift it art reserves the right to accept, reject, remove, refuse, change, condense or delete any content submitted in its sole discretion and for any reason whatsoever. You will not be able to edit or delete any content you have submitted. You acknowledge that you, not gift it art, are responsible for the content you submit. None of the content that you submit shall be subject to any obligation of confidence on the part of gift it art, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. 

 

By uploading, submitting or otherwise posting your content, you grant gift it art, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content as-is or as-edited (with or without using your name, social media handle or pseudonym) in any form or media throughout the world for any purpose, in perpetuity, without limitation, and without additional review, compensation, or approval from you. 

 

You further agree to defend, indemnify, release, and hold gift it art harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of or related to gift it art’s use of your content, including, but not limited to, any claim that the use of your content violates or infringes upon the rights of any third party.

 

Content Posted By Others

 

We are not responsible for and do not endorse content posted by any other visitor to the sites. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another person.

 

Your Use of The Sites

 

You agree not to use the sites in a way that violates any laws, infringes any individual or entity’s rights, is inappropriate or offensive, or interferes with the sites or any features on the sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down content, terminate your account, prohibit you from using the sites, and take appropriate legal actions.

You are prohibited from infringing or otherwise violating any third-party rights, including without limitation, third-party intellectual property rights. You acknowledge and agree that using our sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our sites unless you obtain prior written approval from gift it art unless you are otherwise permitted by law.

 

Modification and Termination

 

We reserve the right to modify or discontinue the sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you do not like any changes, you may stop using the sites at any time. You agree that gift it art shall not be liable to you or to any third party for any modification, suspension or discontinuance of the sites. You acknowledge that gift it art reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by gift it art.

 

Social Networks

 

The sites may include features that operate in conjunction with certain third-party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, TikTok, and Twitter ("Social Network Features"). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

 

Liability For Our Services

 

Except where prohibited, gift it art shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the sites or any third party’s use of the sites.  These exclusions include, without limitation, damages fro lost profits, lost data, computer failure, or the violation of your rights by any third party , even if gift it art has been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.  

 

Copyright Protection

 

If you believe any Content on the Sites infringes your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"):

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • Your name, address, telephone number, and e-mail address.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury", you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us e-mail:

Once the information is received per the notification as set forth above, it is the gift it art policy to: (a) review the request; (b) remove or disable access to the infringing content; (c) notify the provider of the content that it has removed or disabled access to such content; and (d) terminate repeat infringers’ access to the sites.

If you receive a notification of alleged copyright infringement and believe that the claim is erroneous, you may submit a counter-notification to mel@giftitart.com within thirty (30) days of the date the content was removed from the sites. A counter-notification must be a written communication that includes substantially the following:

  • Identification of the material that has been removed or disabled and its location (e.g., URL);

  • Your name, address, telephone number, and e-mail address;

  • A statement "under penalty of perjury" that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  • Your signature or the electronic equivalent.

Upon receipt of a counter-notification in accordance with the above, gift it art shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform gift it art that an action has been filed seeking an order to restrain the alleged infringer from engaging in infringing activity on the website. If gift it art receives such notification within ten (10) business days, gift it art shall not replace the removed content or cease disabling access to it. If gift it art does not receive such notification from the complaining party that an action has been filed seeking an order to restrain the alleged infringer from engaging in infringing activity on the website, then gift it art shall replace the removed content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, it is the gift it art policy, in appropriate circumstances and in its sole discretion, to terminate access to the sites of any user that gift it art finds to be a repeat infringer.  Gift it art reserves the right to define the criteria by which gift it art will determine that a user is a "repeat infringer."

 

If you believe that a user is a repeat infringer, please follow the instructions above to contact mel@giftitart.com and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

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