Terms Of Use
Giftlooker.com
TERMS OF USE
Giftlooker.com (“GIFTLOOKER”)
provides users the ability to discover and purchase unique products through our
website. Those services are provided subject to the following terms and
conditions.
1. PRIVACY
Please review our Privacy
Notice to understand our privacy practices.
2. GENERAL
This page states the Terms of
Use (“Terms”) under which you may use www.Giftlooker.com (the “Site”), an
on-line service to discover and purchase new and unique products and gifts.
These Terms include the GIFTLOOKER Privacy Policy which is incorporated into
these Terms by reference. Please read these Terms carefully. If You do not
accept the Terms stated here, do not use the Site and its services. By
registering for and using the Site, You expressly agree to be bound by these
Terms, including the GIFTLOOKER Privacy Policy.
GIFTLOOKER may revise these
Terms at any time by posting an updated version to the Site. You should visit
this page periodically to review the most current Terms because they are
binding on You. The terms “You” and “User” as used herein refer to all
individuals and/or entities accessing the Site for any reason. The term “Post”
as used herein shall mean information that You submit, publish, or display on
the Site.
3. ELIGIBILITY
By visiting the Site and
accepting these Terms, You represent and warrant to GIFTLOOKER that You have
the right, authority and capacity to agree to and abide by these Terms. You
also represent and warrant to GIFTLOOKER that You will use the Site in a manner
consistent with any and all applicable laws and regulations.
4. LICENSE
GIFTLOOKER grants you a
non-exclusive, non-transferable, limited license to access and make personal
use of the Site and not to download (other than page caching) or modify it, or
any portion of it, except with the express written consent of GIFTLOOKER. This
license allows people searching for unique products and gifts to purchase those
products for personal use. Users are further prohibited from making any
derivative use of the Site or its Content; downloading or copying any account
information or listing information for the benefit of any third party; or using
any “robots,” “spiders,” or similar data-gathering, data-mining, or data
extraction tools. All content on the Site is the property of GIFTLOOKER, and no
portion of the Site may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without the express
written consent of GIFTLOOKER.
Any unauthorized use
terminates the permission or license granted by GIFTLOOKER and may result in
both civil and criminal liability.
5. SITE
RESTRICTIONS
Users may not use the Site in
order to transmit, post, distribute, store or destroy material, including,
without limitation, comments and reviews (the “Content”) (i) in violation of
any applicable law or regulation, (ii) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights of others, or
(iii) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from
violating or attempting to violate the security of the Site, including, without
limitation, the following activities: (i) accessing data not intended for such
User or logging into a server or account which the User is not authorized to
access; (ii) attempting to probe, scan, or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (iii) attempting to interfere with service to any User, host or
network, including, without limitation, via means of submitting a virus to the
Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or
(iv) forgoing any TCP/IP packet header or any part of the header information in
any email or posting on the Site. Attempts to violate system or network
security immediately terminate the permission or license granted by GIFTLOOKER
and may result in civil and/or criminal liability.
6. PROHIBITED
USES
Listing of available products
on the Site may be used only for lawful purposes by Users of the Site. You may
not frame or utilize framing techniques to enclose any trademark, logo,
copyrighted image, or other proprietary information (including images, text,
page layout, or form) of GIFTLOOKER without express written consent. You may
not use any meta tags or any other “hidden text” utilizing GIFTLOOKER’s name or
trademarks without the express written consent of GIFTLOOKER. You agree not to
sell or modify any content found on the Site including, but not limited to,
names of Users and Content, or to reproduce, display, publicly perform,
distribute, or otherwise use the Content, in any way for any public purpose, in
connection with products or services that are not those of GIFTLOOKER, in any
other manner that is likely to cause confusion among consumers, that disparages
or discredits GIFTLOOKER or its licensors, that dilutes the strength of GIFTLOOKER’s
or its licensor’s property, or that otherwise infringes GIFTLOOKER’s or its
licensor’s intellectual property rights. You further agree to in no other way
misuse the Content that appears on the Site. The use of the Content on any
other website or in a networked computer environment for any purpose is
prohibited. Any code that GIFTLOOKER creates to generate or display any Content
of the pages making up the Site is also protected by GIFTLOOKER’s copyright,
and you may not copy or adapt such code.
GIFTLOOKER has no duty to
monitor any materials posted, transmitted, or communicated to or with the Site.
If you believe that something on the Site violates these Terms please contact
our designated agent as set forth below.
If notified by a User of any
materials which allegedly do not conform to these Terms, GIFTLOOKER may in its
sole discretion investigate the allegation and determine whether to take any
other actions or remove or request the removal of the Content. GIFTLOOKER has
no liability or responsibility to Users for performance or nonperformance of
such activities.
7. ELECTRONIC
COMMUNICATION
When you visit the Site or
send emails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by
email or by posting notices on the Site. You agree that all agreements notices,
disclosure, and other communicates that we provide to you electronically
satisfy any legal requirements that such communications be in writing.
8. COPYRIGHT
All content included on this
Site, such as text, graphics, logos, icons, images, data compilations, and
software, is the property of GIFTLOOKER or its content suppliers and protected
by India and international copyright laws. The compilation of all content on
this Site is the exclusive property of GIFTLOOKER and protected by INDIA. and
international copyright laws. All software used on this Site is the property of
GIFTLOOKER or its software suppliers and protected by INDIA. and international
copyright laws.
9. TRADEMARKS
Giftlooker.com, GIFTLOOKER,
and other GIFTLOOKER graphics, logos, page headers, icons, images, and service
names are trademarks, registered trademarks, or trade dress of GIFTLOOKER in
the INDIA. and/or other countries. GIFTLOOKER’s trademarks and trade dress may
not be used in connection with any product or service that is not GIFTLOOKER’s,
in any manner that is likely to cause confusion among the public, or in any
manner that disparages or discredits GIFTLOOKER. All other trademarks not owned
by GIFTLOOKER that may appear on this Site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by GIFTLOOKER.
10. YOUR ACCOUNT
If you use the Site, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account and password. You
also agree to not disclose any personally identifiable data, including, but not
limited to, first and last names, credentials, or other information of a
personal nature (“Personal Data”) obtained from the Site. Your disclosure of
any Personal Data obtained from the Site may result in the immediate
termination of your account. GIFTLOOKER further reserves the right to refuse
service, terminate accounts, and remove or edit Content at its sole discretion.
GIFTLOOKER does not represent
or guarantee the truthfulness, accuracy, or reliability of Content on the site,
including Personal Data. Each User is responsible for updating and revising any
relevant account information when necessary to maintain the truthfulness, accuracy,
or reliability of the information.
11. REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Registered Users of the Site
may post reviews and comments of a product or service purchased via the Site,
so long as the Content is not illegal, obscene, threatening, defamatory, an
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or contain
commercial solicitation, mass mailings, or any form of “spam.” You may not use
another User’s account to impersonate a User or entity, or otherwise mislead as
to the origin of the remarks. GIFTLOOKER reserves the right (but is not
obligated) to remove or edit such Content, but does not regularly review posted
Content.
If you post a review or submit
comments, and unless GIFTLOOKER indicates otherwise, you grant GIFTLOOKER a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world, in any
media. You grant GIFTLOOKER and sublicensees the right to use your name in
connection with such Content, if they choose. You represent and warrant that
You own or otherwise control all of the rights to the content that You post;
that the content is accurate; that use of the content You supply does not
violate this policy and will not cause injury to any person or entity; and that
You will indemnify GIFTLOOKER for all claims resulting from Content You supply.
GIFTLOOKER has the right but not the obligation to monitor and edit or remove
any activity or Content. GIFTLOOKER takes no responsibility and assumes no
liability for any content posted by You or any third party.
12. DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
The Site acts as a venue for
Users to purchase unique products or services. Neither GIFTLOOKER nor the Site
has control over the quality or fitness for a particular purpose of a product. GIFTLOOKER
also has no control over the accuracy, reliability, completeness, or timeliness
of the User-submitted information and makes no representations or warranties
about any information on the Site
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE
ARE PROVIDED BY GIFTLOOKER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. GIFTLOOKER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, GIFTLOOKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. GIFTLOOKER DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS;
OR EMAIL SENT FROM GIFTLOOKER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIFTLOOKER
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO
CIRCUMSTANCE SHALL GIFTLOOKER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN
CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $100.
13. INDEMNITY
You agree to defend,
indemnify, and hold harmless GIFTLOOKER, its affiliates, and their respective
officers, directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal, accounting, and
other service provider fees, alleging or resulting from (i) any Content of
other material You provide to the Site, (ii) Your use of any Content, or (iii)
Your breach of the terms of these Terms. GIFTLOOKER shall provide notice to You
promptly of any such claim, suit, or proceeding.
14. APPLICABLE
LAW
By using the Site, you agree
that the laws of the State of Florida, without regard to principles of conflict
of laws, will govern these Terms of Use and any dispute of any sort that might
arise between you and GIFTLOOKER.
15. DISPUTES
Any dispute relating in any
way to Your visit to the Site or to services obtained through the Site shall be
adjudicated in any state or federal court having jurisdiction over Kanchipuram,
Tamilnadu, and You consent to exclusive jurisdiction and venue in such courts.
16. SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our Privacy
Policy also posted on the Site. This policy also governs your use of the Site
and is incorporated by reference as part of the Terms of Use for the Site. GIFTLOOKER
reserves the right to make changes to the Site, policies, and these Terms of
Use at any time. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining conditions.
17. OUR ADDRESS
Giftlooker.com
GLOBALTECH ENGINEERING SERVICES (OPC) PRIVATE LIMITED
P.NO. 4 SENGAZHINIAMMAN KOVIL STREET
NANDHIVARAM GUDUVANCHERY
KANCHIPURAM TAMILNADU 603202, INDIA.
