Restrictions on Use
Ownership of Copyright
This site contains material that is owned or licensed by The Gift. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use, or for publicity purposes as outlined in Bookseller Services on this site.
No Unsolicited Manuscripts
The Gift does not accept unsolicited scripts, treatments, or the like sent to it through its Web site, and takes no responsibility for any material so transmitted.
License to The Gift
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with The Gift through its Web site (a “Communication”), you are granting The Gift a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.
This Web site contains various bulletin boards, contests and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these Terms to which you agree through your continued use of this site. Also, please note that your postings to any bulletin boards or forums on this site become immediately public and will be accessible to anyone on the Internet.
Exclusion of Liability
YOUR USE OF THIS WEB SITE IS “AS IS”, AND The Gift MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Gift DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Gift FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL The Gift OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE DISCOVERTHEGIFT.COM SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE DISCOVERTHEGIFT.COM SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE GIFT RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Links to Other Web Sites
The Gift has provided links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Neither The Gift, its parent, subsidiaries or affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to the The Gift site and you should always review the terms and conditions of any site that you access through a link from this site.
You agree to defend, indemnify and hold The Gift and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. The Gift shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
This agreement may be terminated by The Gift at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on The Gift’s liability and on your use of The Gift material shall survive.
This agreement shall be governed by the laws of the State of California without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of California. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.
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