WELCOME TO GIFT ELEPHANT. PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE GIFT ELEPHANT WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE GIFT ELEPHANT WEBSITE AND ALL CONTENT AND SERVICES OFFERED THROUGH THE WEBSITE.
Acknowledgement and Acceptance of Terms
Modifications to this Agreement
Gift Elephant may make changes to this Agreement from time to time at its sole discretion, by updating this posting on its website, and specifying the effective date of the new version of the Agreement. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website you should check to see if a new version of the Agreement has been posted.
You are required to register with Gift Elephant if you want to create profiles of gift recipients and gift givers, store information about the gifts you have given and/or received, create and access reminders (e.g., birthday reminders), and view and edit your profile. In order to register with Gift Elephant, you must supply a valid email address, which will be used as a unique identifier for your account, a password, and any other information requested by Gift Elephant in order to complete the registration process.
- All Gift Elephant accounts must be created by a person over the age of 13.
- You are responsible for maintaining the security of your account and password. Gift Elephant cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who are sharing your pages).
- You may not use the Website for any illegal or unauthorized purpose.
- You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Website, or to manipulate the Website, or otherwise exceed the limited access granted to you by Gift Elephant.
- In some cases of excessive or abusive use of the service, Gift Elephant may, at its sole discretion, cancel or suspend an account.
Violation of any of these agreements will result in the termination of your account.
Ownership and Intellectual Property
The Gift Elephant Website is owned by Etosha Enterprises, Inc. All right to, title to, and interest in the content available via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Etosha Enterprises, Inc. or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
ALTHOUGH GIFT ELEPHANT WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER GIFT ELEPHANT NOR THE WEBSITE’S OWNER IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS USER CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE WEBSITE. YOU ARE STRONGLY URGED TO TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, CONTENT OR INFORMATION YOU POST OR STORE ON THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFT ELEPHANT AND ITS OWNER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
GIFT ELEPHANT AND ITS OWNER DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GIFT ELEPHANT AND ITS OWNER MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
Limitation of Liability
GIFT ELEPHANT AND ITS OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GIFT ELEPHANT OR ITS OWNER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GIFT ELEPHANT OR ITS OWNER, OR A THIRD PARTY THROUGH THE USE OF THE WEBSITE; OR (IV) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GIFT ELEPHANT AND ITS OWNER ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE WEBSITE’S SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
IN NO EVENT SHALL GIFT ELEPHANT, ITS OWNER, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE WEBSITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.
You agree to indemnify and hold harmless Gift Elephant, its owner, directors, officers, employees, agents, successors, assigns, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) made by any third party due to or arising out of your use of the Gift Elephant Website and service, your violation of this Agreement, the infringement by you of any intellectual property or other right of any person or entity or violation of any federal, state, or local law or regulation.
This Agreement shall be governed by and interpreted in accordance with the laws of the state of California. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Gifts Elephant, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Gift Elephant's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gift Elephant in writing. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.