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| By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual 1st-gift.com web site, Product or Service. | |
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| 1st-gift.com provides services to individuals and companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. FOCUS is obligated to advise you that any user, during accessing 1st-gift.com, must behave in accordance with applicable laws. FOCUS is not responsible for the possible consequence caused by your behavior during use of 1st-gift.com. 1st-gift.com may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of 1st-gift.com. | |
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| Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by 1st-gift.com registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 1st-gift.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1st-gift.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All 1st-gift.com registrations become the exclusive property of 1st-gift.com, its subsidiaries. 1st-gift.com reserves the right to use and reuse all registration and other personally identifiable user information. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in 1st-gift.com sites. |
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| Upon registering, you will receive a password and 1st-gift.com ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify 1st-gift.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 1st-gift.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 1st-gift.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. 1st-gift.com does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 1st-gift.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, 1st-gift.com does not pre-screen user or third party Content posted on 1st-gift.com, except for certain areas where 1st-gift.com employs certain automated screening software, although 1st-gift.com reserves the right to do so. 1st-gift.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. 1st-gift.com reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by 1st-gift.com. Prohibited Conduct You agree that you will not use 1st-gift.com Products and Services to: You acknowledge and agree that 1st-gift.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. 1st-gift.com may also terminate access to, or membership in 1st-gift.com, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of 1st-gift.com Products and Services. You expressly acknowledge and agree that 1st-gift.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 1st-gift.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 1st-gift.com also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a 1st-gift.com account may be terminated or suspended if a user fails to sign-in to 1st-gift.com Service for an extended period of time; please see 1st-gift.com Rules and Regulation section for more information regarding 1st-gift.com's policies concerning account termination. |
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| By submitting a web page to 1st-gift.com, or any other web page hosting service on 1st-gift.com, you grant 1st-gift.com a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within 1st-gift.com. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular 1st-gift.com service. You acknowledge and agree that 1st-gift.com runs advertisements on the web pages of its users and grant 1st-gift.com the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change. | |
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You expressly agree that use of our database contained on 1st-gift.com is at your own risk. FOCUS shall not be responsible for any content found on this database. FOCUS expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FOCUS makes no warranty that our database will be uninterrupted, timely, securely or error free. You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through use of the database on 1st-gift.com is done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data. 1st-gift.com, FOCUS, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from using of Offer Board or Products Directory on 1st-gift.com, or for any decision made or action taken by you in reliance on content contained in Offer Board or Products Director. 1st-gift.com, FOCUS, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service. Some jurisdictions do not allow the exclusive of certain warranties, so some of the above exclusions may not apply to you.
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