Terms & Conditions
Terms of Service for PickUrGift.com
Welcome to pickURgift.com. This website is owned and operated by RBMJ, Inc. (“us” or “we”). By visiting our website and accessing the information, resources, services, products, and tools we provide, the user (“you”, whether you are an individual or a business entity) understand and agree to accept and adhere to the following terms and conditions as stated in this policy (this “User Agreement”).
This User Agreement is in effect as of April 1, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you (“Resources”), either directly or indirectly, you represent that you are legally permitted to enter into a binding contract such as this User Agreement, and you agree to use these Resources only for personal non-commercial purposes in accordance with the terms of this User Agreement, applicable laws and regulations, and generally accepted online practices or guidelines.
You also understand and agree that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means including, but not limited to robots, spiders, scrapers, and the like.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, or that could disable, overburden, or impair the appearance or functionality of the pickURgift.com website, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You will not upload any viruses or malicious code.
g. You will not remove trademark or copyright notices from, or alter or change in any way, the images, product descriptions, or other content belonging to gift retailers and other third parties that you may upload to our website through use of our Resources.
h. You will not create an account for someone else, or access or attempt to access the account of someone else, without their express permission. In addition, you will not transfer your account to someone else without our express written permission.
i. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, hateful, fraudulent, deceptive, invasive, racist, discriminatory, misleading, or contains any type of suggestive, inappropriate, or explicit language or pornographic material;
ii. infringes any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. contains any type of unauthorized or unsolicited advertising;
iv. impersonates any person or entity, including any of our employees or representatives; or
v. contains the private or sensitive personal or financial information of others.
We have the right at our sole discretion to remove any content that we feel, in our sole judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any and all claims against us arising out of or relating to such removal.
j. We do not assume any liability for any content posted by you or any other third party users of our website. However, by posting any content using any open communication tools on our website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, you grant us a perpetual, transferrable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, translate, publish, sell, license, sublicense, publicly display and/or otherwise distribute such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
k. Our Resources may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from us or our website, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content.
l. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, and you may incur criminal or civil liability. You agree to indemnify and hold harmless us, and our parent company (if any) and affiliates, and our and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
a. the use of our Resources will meet your needs or requirements;
b. the use of our Resources will be uninterrupted, timely, secure or free from errors;
c. the information obtained by using our Resources will be accurate or reliable; or
d. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
e. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
f. no information or advice, whether expressed, implied, oral or written, obtained by you from us or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
UNLESS OTHERWISE STATED IN THIS USER AGREEMENT, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
In conjunction with the Limitation of Warranties explained above, you expressly understand and agree that any claim against us shall be limited to the greater of the amount you paid, if any, for the use of our Resources, or One Hundred Dollars ($100.00). We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, even if we have been advised of the possibility of these damages, to the full extent that applicable limitation of liability laws apply.
Our Copyrights and Trademarks
We own the intellectual property rights to certain trademarks and service marks (including the “pickURgift” and “UR” marks) and certain content and materials available on our pickURgift.com website, including but not limited to website name, text, graphics, code, images and logos. These are protected by applicable copyright and trademark law. You agree not to do any of the following, unless specifically authorized by us in writing: (a) use our trademarks or service marks, or any confusingly similar marks; (b) reproduce, distribute, display or transmit any of our copyrights; and (c) modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
Possible Infringement of Your Intellectual Property Rights We respect the intellectual property rights of others, and expect all of our users to do the same. If you are concerned that someone may be using your trademarks or copyrights in an infringing way on our website, you can notify us. We will review your submission and take whatever action, in our sole discretion, we deem appropriate, including temporary or permanent removal of the allegedly infringing content from our website, and/or suspension or termination of the alleged infringing user’s access to our Resources. It is our policy to respond expeditiously to notices of intellectual property infringement, and to terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Claim of Trademark Infringement When submitting a claim of trademark infringement, you should include the following in your notice to us: • Your complete contact information (full name, mailing address, and phone number). Note that we may provide your contact information and/or the contents of your report to the user that posted the content you are reporting. • The specific trademark in which you claim rights (a word, phrase, symbol, logo, etc.). • The country or countries in which you claim trademark rights. • Your trademark registration number (if available). • The category of products and/or services for which you assert rights. • Information reasonably sufficient to permit us to locate the material on the pickURgift.com website that you believe violates your trademark rights. • A description of how you believe this content infringes your trademark. • A declaration that (i) you have a good faith belief that use of the trademark as described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law; (ii) the information in your notice is accurate, and (iii) you declare under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed. • Your electronic signature or physical signature. Send your notice to the following:
Nicholas Rouhier, Trademark and Copyright Agent pickURgift.com 1501 S. Oregon St. Yreka, California 96097 USA 503-925-6688 firstname.lastname@example.org When we receive a claim of trademark infringement from a third party alleging that content on our website infringes their trademark, we may need to immediately remove or disable access to that material on our website without notice. We are not in a position to adjudicate disputes between parties.
Claim of Copyright Infringement In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), when submitting a claim of copyright infringement, you should include, and may be required by law to include, the following in your notice to us: • Your complete contact information (full name, mailing address, and phone number). Note that we may provide your contact information and/or the contents of your report to the user that posted the content you are reporting. • A description of the copyrighted work that you claim is being infringed. • A description of the content on our website that you claim infringes your copyright. • Information reasonably sufficient to permit us to locate the material on the pickURgift.com website that you believe violates your copyright. • A declaration that (i) you have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law; (ii) the information in your notice is accurate, and (iii) you declare under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed. • Your electronic signature or physical signature. Send your notice to the following:
Nicholas Rouhier, Trademark and Copyright Agent pickURgift.com 1501 S. Oregon St. Yreka, California 96097 USA 503-925-6688 email@example.com
When we receive a claim of copyright infringement from a third party alleging that content on our website infringes their copyright, we may need to immediately remove or disable access to that material on our website without notice. We are not in a position to adjudicate disputes between parties.
If the content is removed, the user that posted the content will receive a warning on their account alerting them to the fact that content they posted to our website was removed pursuant to a notice of copyright infringement. If the user that posted the content believes we made a mistake in removing it, they may be eligible to appeal its removal.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by us from our offices located in the state of California, USA. It can be accessed from most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Siskiyou County, California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions or comments about this User Agreement, you can contact us at:
1501 South Oregon St. Yreka, California 96097 USA