Terms and Conditions
Data about the activity of visitors to this site is automatically provided to Ugift Online Store when you sign on. It is used by us for internal review in aggregate and non-personally-identifiable form. E-mail addresses and other personally identifying data about you is known to Ugift Online Store only when voluntarily submitted or posted to us.
In addition, we sometimes use E-mail addresses and other personally-identifying information to contact visitors who communicate with Ugift Online Store. We also use the shipping addresses of our customers to send them our catalogs which we feel will be of interest to them.
TERMS AND CONDITIONS OF USE: USER-GENERATED CONTENT
GENERAL USER-GENERATED CONTENT
By posting, distributing, sending, displaying or otherwise submitting any comment, message (including, without limitation, by email or text message), feedback, review, question, idea, suggestion, data, information, text, music, sound, photos, graphics or other content to or through the Site (the “User-Generated Content”), you: (A) grant, and represent and warrant that you have the right to grant, to UGifty-free, worldwide, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User-Generated Content throughout the world for any purpose including, without limitation, use in any promotion, advertising or media, whether now known or hereafter devised; (B) grant Ugift and its affiliates, transferees and sublicensees the right to use the name that you submit in connection with such User-Generated Content in all media in which the User-Generated Content can be used in accordance with these Terms and Conditions; (C) represent and warrant that (i) you solely own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site upon the terms described herein; (ii) such User Generated Content is accurate and not misleading; and (iii) the submission, use and posting or other transmission of such User-Generated Content does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity, including, but not limited to, any third party right of copyright, trademark, service mark, privacy, publicity or other intellectual property or personal or proprietary right; and (D) agree that Ugift is under no obligation to offer you any payment for the use of the User-Generated Content or to attribute authorship of User-Generated Content to you. You further grant Ugift the right to pursue at law any person or entity that violates your or Ugift rights in the User-Generated Content by a breach of these Terms and Conditions.
User-Generated Content you submit to or through the Site is deemed non-confidential and non-proprietary information, and Ugift is under no obligation to treat such User-Generated Content as your confidential or proprietary information. Without limiting the foregoing, Ugift reserves the right to use the User-Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User-Generated Content, by submitting User Generate Content, you agree that (A) you do not require that any personally identifying information be used in connection with the User-Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion or exploitation of the User-Generated Content by Ugift or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User-Generated Content; and (D) you release Ugift from any claims that you could otherwise assert against Ugift by virtue of any moral rights. Further, you hereby release Ugift and its affiliates, successors and assigns and waive any claims, demands, damages, losses, liabilities and causes of action against Ugift or its affiliates, successors or assigns for defamation, libel, invasion of privacy, publicity, personality or exploitation of your name.
USE OF CHAT ROOMS, AND OTHER INTERACTIVE AREAS
The Site may contain forums, such as blogs, bulletin boards or other interactive areas, in which you or third
Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual's privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Material that promotes illegal drug use, tobacco or firearms use;
Material that constitutes encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Material that may infringe any patent, trademark, service mark, trade secret, copyright or another intellectual or proprietary right of any party;
Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation or association with or endorsement by a person or entity;
Unsolicited advertising or links to other commercial sites;
Names, addresses, telephone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
Material that communicates messages inconsistent with the positive goodwill of Ugift; or
Material that, in the sole judgment of Ugift, is objectionable or potentially exposes Ugift or its users to any harm or disparagement.
Ugift takes no responsibility and assumes no liability for any User-Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Ugift liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, UGift is not liable for any statements, representations, or User-Generated Content provided by its users on the Site. Although Ugift has no obligation to screen, edit or monitor any of the User-Generated Content posted to or distributed through the Site (including any Interactive Area) or to respond to any comment posted on the Site, Ugift reserves the right and has sole discretion, to remove without notice any User-Generated Content posted or stored on the Site.