In addition, the downloading and use of certain products and services available via the Site may be subject to additional terms and conditions set forth in an end user license agreement which you will be required to review and affirmatively accept prior to and as a condition of your downloading and use of the applicable product or service.
III. USE OF THE SITE AND SITE CONTENT
(a) License to Use the Site
The Site and the Site Content is intended for non-commercial purposes only, and you may not copy, reproduce, distribute, display portions of or link to this Site or any Site Content contained hereon for commercial purposes without our prior express written consent. Further, you agree to use the Site and the Site Content only for lawful, personal and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.
(b) Copyright Protection
The Site and all Site Content contained thereon is protected by copyright as a collective work under copyright laws, and is owned or controlled by, or licensed to, giftideas.ws or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED.
The giftideas.ws logo and all associated trademarks and logos used herein are trademarks of giftideas.ws. Other company and product names used herein are properties of their respective owners. All rights reserved.
“giftideas.ws” and other marks, product names and company names appearing on the Site, are trademarks and service marks of giftideas.ws and/or their respective owners, and are protected by law. They may be used publicly only with permission from giftideas.ws. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
(d) Accuracy of Information
giftideas.ws strives to provide accurate and complete information about its products and services, its business and its activities, and to provide updated information on the Site. However, giftideas.ws does not warrant that any information on the Site is complete or free from error.
Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content (as defined below) do not necessarily reflect the views of giftideas.ws, and we do not support or endorse any User Content posted by you or any other user.
(e) Links to Other Sites and/or Materials
Links may appear on the Site that are used to link to other site(s) which are not owned or operated by giftideas.ws (“Linked Sites”), including but not limited to the iTunes Store website, facebook and other social media sites. These links are provided solely as a courtesy to our Site visitors. giftideas.ws reserves the right to add, change, decline or remove any link at any time. giftideas.ws has no control over the Linked Sites or the materials, information, goods or services available on these Linked Sites.
IV. USER CONTENT
V. PROHIBITED ACTIONS
Without limiting anything contained in Section IV, you agree that you will not: transmit any User Content that is unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; violate any applicable local, state, national, or international law; transmit any User Content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; use the Site for commercial purposes without our prior written consent; or solicit other guests of the Site to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.
VI. DISCLAIMERS AND LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
giftideas.ws SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF giftideas.ws HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES.
IN ALL CIRCUMSTANCES giftideas.ws’S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU TO giftideas.ws FOR ACCESS TO THIS SITE. giftideas.ws SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS WHICH EXCEED THIS LIABILITY LIMIT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, giftideas.ws’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING giftideas.ws’S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
Suggestions and Feedback
giftideas.ws welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to giftideas.ws, all of such feedback and comments shall be the sole and exclusive property of giftideas.ws, and giftideas.ws shall have the right to use such feedback in any manner and for any purpose in giftideas.ws’s discretion without remuneration, compensation or attribution to you, provided that giftideas.ws is under no obligation to use such feedback.
Interpretation and Entire Agreement