Legal / Terms & Conditions
Thank you for visiting The Interactive Gift. If you wish to use this website, you must agree to the terms and conditions described below.
The information on our website is provided on an ”as is,” ”as available” basis without any representations or warranties, express or implied. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
User assumes liability for using and publishing content derived from or as a direct result of this website, including but not limited to:
• Fraudulent or misleading statements or publications, emails, or otherwise
Limitations of liability
Website owner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• [to the extent that the website is provided free-of-charge, for any direct loss;] • for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if the website owner has been expressly advised of the potential loss.
Please Note: Because of unforeseeable events and situations, website owner cannot guarantee the website or its services will always be available and cannot be held liable for damages, be it direct or indirect, as a result of the website or any of its services being non operable.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, friendships, relationships, alliances, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us, our affiliates, or content created. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit liability in respect of any:
• death or personal injury caused by the website owner’s negligence;
• fraud or fraudulent misrepresentation on the part of website owner; or
• matter which it would be illegal or unlawful for website owner to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
[You accept that the website owner has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against website owner’s officers or employees in respect of any losses you suffer in connection with the website.] [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect website owner’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the website owner.
Third Party Sites/Services
The Websites may include links to other websites or services (including advertisements, payment providers, or affiliates) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by the website owner of any third party, third party websites, or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites may not be under the control of the website owner and the website owner does not provide or necessarily endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites unless as stated on our pages. Website owner is not responsible if any Linked Site is not functioning properly. Website owner makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that the website owner is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of any advertisers found on or through the Websites, including in or through the Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or available on or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Website owner is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of this website disclaimer.
Content may be removed by us (with or without notice) for any reason which may include (but not limited to) the following:
Copyright / Trademark Infringement
Adult Oriented Services, Pornographic, Inappropriate/Obscene
Spam, Nonsense, or Violent Material
We only accept .jpg, .pdf, .txt, and .png files as uploads. Others file types or any deviation will not be accepted. Personal videos (not created by us or via our online video message platform) must be uploaded to YouTube or Vimeo (by you) prior to inclusion. No exceptions will be made.
Project Completion Timeline
We strive to complete all projects as fast and with the highest quality as possible. However, please note, some things are out of our control, including (but not limited to): unforeseen hosting, internet, website and email issues, poor message quality, lack (and delay) of receiving “gift information” from our clients, and slow proofing of emails, etc… from clients.
Additional Terms and Conditions
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
Website owner reserves the right to change these terms and conditions with or without notice.
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