TERMS OF SERVICE

 

Gift Basket Discount, owns and operates https://www.GiftBasketDiscount.com.

YOUR ACCEPTANCE OF TERMS

By accessing or using any of our Services, you agree to be bound by these terms and conditions (the "Terms of Service"), and GIFT BASKET DISCOUNT's privacy policy located at https://www.Gift Basket Discount.com/privacy (“Privacy Policy”) which are incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services.

MODIFICATION OF TERMS

GIFT BASKET DISCOUNT reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the GIFT BASKET DISCOUNT website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.

ELIGIBILITY TO USE SERVICES

You must be 18 years or older to use our Services.  This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

By accessing the Services, you represent and warrant to GIFT BASKET DISCOUNT that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.

REGISTRATION FOR CERTAIN SERVICES

You may be required to register and select a password and username (“GIFT BASKET DISCOUNT User ID”) to use certain Services. You may not (i) select or use as a GIFT BASKET DISCOUNT User ID a name of another person with the intent to impersonate that person; or (ii) use as a GIFT BASKET DISCOUNT User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide GIFT BASKET DISCOUNT with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. GIFT BASKET DISCOUNT reserves the right to refuse registration of, or cancel a GIFT BASKET DISCOUNT User ID in its discretion.

If you are accessing the Services through a third party site or service (such as “Facebook Connect”), GIFT BASKET DISCOUNT may require that your GIFT BASKET DISCOUNT User ID be the same as your user name for such third party site or service. By providing your third party account credentials to GIFT BASKET DISCOUNT, you are consenting to have the information in those accounts transmitted into your GIFT BASKET DISCOUNT account. You shall only use third party accounts owned by you and not by any other person or entity.

USER SUBMISSIONS

In the course of using the Services, you and other users may provide information which may be used by GIFT BASKET DISCOUNT in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to GIFT BASKET DISCOUNT or in connection with the Services, you hereby grant to (i) GIFT BASKET DISCOUNT a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and GIFT BASKET DISCOUNT’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.

The foregoing license grant to GIFT BASKET DISCOUNT does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not GIFT BASKET DISCOUNT, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to GIFT BASKET DISCOUNT and to grant GIFT BASKET DISCOUNT the rights to use such information in connection with the Services and as otherwise provided herein.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that GIFT BASKET DISCOUNT will not be liable for any errors or omissions in any such content. You understand that GIFT BASKET DISCOUNT cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, GIFT BASKET DISCOUNT cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

CONTENT

Copyrights. All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by GIFT BASKET DISCOUNT in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of GIFT BASKET DISCOUNT, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.

Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:

  • Any comment made using your identity or screen name will be deemed to have been posted by you.
  • Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
  • You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
  • You shall not make false or misleading statements.
  • You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from GIFT BASKET DISCOUNT in connection with a feature of the Services.
  • You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
  • You shall not post information that is confidential or sensitive.
  • You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
  • You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.

Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by GIFT BASKET DISCOUNT in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Links. If you link to the Services, GIFT BASKET DISCOUNT may revoke your right to so link at any time, at GIFT BASKET DISCOUNT’s sole discretion. GIFT BASKET DISCOUNT reserves the right to require prior written consent before linking to the Services.

Company’s Right to Monitor. GIFT BASKET DISCOUNT has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, GIFT BASKET DISCOUNT reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If GIFT BASKET DISCOUNT chooses, in its sole discretion, to monitor the Services, GIFT BASKET DISCOUNT assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.

Company’s Right to Remove Content. GIFT BASKET DISCOUNT reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.

No Endorsement. You acknowledge that GIFT BASKET DISCOUNT does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.

GIFT BASKET DISCOUNT’S INTELLECTUAL PROPERTY AND LIMITED LICENSES

The technology and the software underlying our Services is the exclusive property of GIFT BASKET DISCOUNT. Subject to your compliance with this Agreement, GIFT BASKET DISCOUNT grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by GIFT BASKET DISCOUNT in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of GIFT BASKET DISCOUNT, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to GIFT BASKET DISCOUNT or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of GIFT BASKET DISCOUNT, its affiliates, or any third party.

YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without GIFT BASKET DISCOUNT’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of GIFT BASKET DISCOUNT.

RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any GIFT BASKET DISCOUNT user; (iii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g., links to GIFT BASKET DISCOUNT’s Privacy Policy and Terms of Service) on the Services or any of the features or tools or other Services; (ix) access, display, distribute or otherwise exploit any Content through any technology or means.

Any violation of the above may be grounds for termination of your right to access or use the Services. GIFT BASKET DISCOUNT reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that GIFT BASKET DISCOUNT deems in its sole discretion to be an illegal or unauthorized use of the Services. GIFT BASKET DISCOUNT will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

DISCLAIMER OF WARRANTIES

THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE GIFT BASKET DISCOUNT WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF NEW JERSEY OR ANOTHER STATE WHICH DOES NOT ALLOW SUCH LIMITATIONS.

Without limiting the generality of the foregoing, GIFT BASKET DISCOUNT makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). GIFT BASKET DISCOUNT displays suggested retail prices for goods offered on Gift Basket Discount.com based on pricing information provided by vendors, retailers and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Gift Basket Discount website. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from GIFT BASKET DISCOUNT or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GIFT BASKET DISCOUNT makes no representations concerning any Content contained in or accessed through the Services, and GIFT BASKET DISCOUNT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will GIFT BASKET DISCOUNT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.

GIFT BASKET DISCOUNT has no special relationship with or fiduciary duty to you. You acknowledge that GIFT BASKET DISCOUNT has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the 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 Content.

PRIVACY

For information regarding GIFT BASKET DISCOUNT’s treatment of personal information, please review our current Privacy Policy at http://www.Gift Basket Discount.com/privacy, which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

INDEMNITY

You agree to indemnify and hold GIFT BASKET DISCOUNT, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Please note, some states, such as New Jersey, may limit or prohibit indemnification obligations and, therefore, this provision may not apply if you are a resident of New Jersey or another state with such limitations.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL GIFT BASKET DISCOUNT OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND GIFT BASKET DISCOUNT’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, GIFT BASKET DISCOUNT MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.

FEES AND PAYMENT

GIFT BASKET DISCOUNT reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. GIFT BASKET DISCOUNT reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be posted on our websites, sent by via email or postal mail. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.

INTERACTION WITH THIRD PARTIES

The Services may contain links to third party websites that are not owned or controlled by GIFT BASKET DISCOUNT, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. GIFT BASKET DISCOUNT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, GIFT BASKET DISCOUNT will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless GIFT BASKET DISCOUNT from any and all liability arising from your use of any third party website.

Your interactions with organizations and/or individuals found on or through the Service (including without limitation GIFT BASKET DISCOUNT retail partners), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GIFT BASKET DISCOUNT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GIFT BASKET DISCOUNT is under no obligation to become involved.

RELEASE OF CLAIMS

You hereby release GIFT BASKET DISCOUNT, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

MODIFICATION AND TERMINATION

GIFT BASKET DISCOUNT reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. GIFT BASKET DISCOUNT may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.

WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. GIFT BASKET DISCOUNT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GIFT BASKET DISCOUNT’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

GOVERNING LAW AND CHOICE OF FORUM

This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to the conflict of laws provisions thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wilmington, Delaware and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county Wilmington.

ENTIRE AGREEMENT

You and GIFT BASKET DISCOUNT agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

NO AGENCY; NO ASSIGNMENT

This Agreement is not assignable, transferable or sublicensable by you except with GIFT BASKET DISCOUNT’s prior written consent. GIFT BASKET DISCOUNT may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind GIFT BASKET DISCOUNT in any respect whatsoever.

SURVIVAL

All provisions of this Agreement which by their nature are intended to survive performance hereof by you or GIFT BASKET DISCOUNT, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

COPYRIGHT DISPUTE POLICY

GIFT BASKET DISCOUNT’S General Policy. GIFT BASKET DISCOUNT has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of GIFT BASKET DISCOUNT’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is GIFT BASKET DISCOUNT’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that GIFT BASKET DISCOUNT is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which GIFT BASKET DISCOUNT is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, GIFT BASKET DISCOUNT may send a copy of the counter-notice to the original complaining party informing that person that GIFT BASKET DISCOUNT may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at GIFT BASKET DISCOUNT’s discretion.