This page states the "Terms and Conditions" under which you
may use PresentPartner.com. Please read this page carefully. If you
do not accept the Terms and Conditions stated here, do not use this web
site and service. By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions.
PresentPartner.com (the "Company") may revise these Terms
and Conditions at any time by updating this posting. You should visit
this page periodically to review the Terms and Conditions, because they
are binding on you. The terms "You" and "User" as
used herein refer to all individuals and/or entities accessing this web
site for any reason.
Use of Material
The Company authorizes you to view and download material on
PresentPartner.com (the "Web Site") solely for your
personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos,
button icons, software and other "Material", are protected
under both United States and foreign copyright, trademark and other
laws. All Material is the property of the Company or its content
suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on this Web Site is the
exclusive property of the Company and protected by U.S. and
international copyright laws. Unauthorized use of the Material may
violate copyright, trademark, and other laws. You must retain all
copyright, trademark, service-mark and other proprietary notices
contained in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for any
public or commercial purpose. The use of the Material on any other web
site or in a networked computer environment for any purpose is
prohibited.
You shall not copy or adapt the HTML code that the Company creates to
generate its pages. It is also protected by the Company’s
copyright.
Acceptable Site Use
General Rules: Users may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others
or violate the privacy, publicity or other personal rights of others, or
(c) that is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or
attempting to violate the security of the Web Site, including, without
limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, or (e) forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. The Company will investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
The Company specifically prohibits any use of the Web Site, and all
users agree not to use the Web Site, for any of the following:
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to
interfere with the proper working of this Web Site or any activity being
conducted on this site.
Taking any action which imposes an unreasonable or disproportionately
large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web
Site, disclosing to or sharing your password with any third parties or
using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Web Site other
than the search engine and search agents available from the Company on
this Web Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any
of the software comprising or in any way making up a part of the Web
Site.
Aggregating, copying or duplicating in any manner any of the materials
or information available from the Web Site.
Framing of or linking to any of the materials or information available
from the Web Site.
User Information
When you register for the Web Site, you will be asked to provide the
Company with certain information including, without limitation, a valid
email address (your "Information"). In addition to the terms
and conditions that may be set forth in any privacy policy on this Web
Site, you understand and agree that the Company may disclose to third
parties, on an anonymous basis, certain aggregate information contained
in your registration application. The Company will not disclose to any
third party your name, address, e-mail address or telephone number
without your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings where
such information is relevant. The Company reserves the right to offer
third party services and products to you based on the preferences that
you identify in your registration and at any time thereafter; such
offers may be made by the Company or by third parties. Please see the
Company’s Privacy Policy for further details regarding your
Information.
User Submissions
As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not, and by
using this Web Site you agree not to, do the following things: post
material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that
reveals trade secrets, unless you own them or have the permission of the
owner; post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others; post
material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity;
post a sexually-explicit image or statement; post advertisements or
solicitations of business, post chain letters or pyramid schemes;
impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy,
or reliability of communications posted by users or endorses any
opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and
publication of user-submitted information and has no obligation to
screen communications or information in advance and is not responsible
for screening or monitoring material posted by users. If notified by a
user of communications which allegedly do not conform to these Terms and
Conditions, the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or
responsibility to users for performance or nonperformance of such
activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and
Conditions or the law and the right to remove communications which are
abusive, illegal, or disruptive. The Company may take any action with
respect to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may create
liability for the Company or may cause the Company to lose (in whole or
in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site,
including message boards, forums, contests and chat rooms, you grant the
Company and its affiliates the royalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including
any moral rights) and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the
public, perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any rights
that may exist in such content. You also warrant that the holder of any
rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above. You also permit any
subscriber to access, display, view, store and reproduce such content
for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such
content.
Registration and Password
You are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately
notify the Company of any unauthorized use of your registration or
password.
Identification Of Agent To Receive Notification And Elements Of
Notification Of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or
copied to this Web Site and is accessible on this Web Site in a way that
constitutes copyright infringement, please notify us by providing our
designated copyright agent with the following information:
Policy Regarding Termination Of Users And Account Holders Who
Repeatedly Infringe The Copyright Or Other Intellectual Property Rights
Of Others
PresentPartner.com, and all of our affiliated companies respect the
intellectual property of others, and we ask our users, account holders
and content partners to do the same. The unauthorized reproduction,
copying, distribution, modification, public display or public
performance of copyrighted works constitutes infringement of the
copyright owners rights. As a condition to your use of this Web Site,
you agree not to use the Web Site to infringe the intellectual property
rights of others in any way. We will terminate the accounts of any
account holders, and block access to our Web Site of any users, who are
repeat infringers of the copyrights, or other intellectual property
rights, of others. We reserve the right to take these actions at any
time, in our sole discretion, with or without notice, and without any
liability to the account holder who is terminated or to the user whose
access is blocked.
The Company’s Liability
PresentPartner.com is only a venue. This Web Site acts as a venue
for individuals to post and receive gift requests and does not screen or
censor the listings offered. The Company is not involved in the actual
transaction between individuals. As a result, the Company has no control
over the quality, safety or legality of the material posted, the truth
or accuracy of the listings. In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under
false pretenses. You assume all risks associated with dealing with other
users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult,
PresentPartner.com cannot and does not confirm that each user is who
they claim to be. Because we do not and cannot be involved in
user-to-user dealings or control the behavior of participants on
PresentPartner.com, in the event that you have a dispute with one or
more users, you release the Company (and our agents and employees) from
claims, demands and damages (actual and consequential, direct and
indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. If you are a California resident, you
waive California Civil Code d1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the
debtor."
We are under no legal obligation to, and generally do not, control the
information provided by other users which is made available through the
Web Site. By its very nature, other people’s information may be
offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that you will use caution and common
sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The use of
the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any resume or material contained therein placed
by you on the Web Site. Employers are solely responsible for their
postings on the Web Site.
The Company is not to be considered to be an employer with respect to
your use of the Web Site and the Company shall not be responsible for
any employment decisions, for whatever reason made, made by any entity
posting jobs on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site contains links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by the
Company of the contents on such third-party Web sites. The Company is
not responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials
on such third party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these
Term of Use. You also agree not to make any unauthorized commercial use
of the Web Site.
Limitation of Liability
The aggregate liability for the Company to you for all claims arising
from the use of the Materials is limited to $100.
Termination
The Company reserves the right, at its sole discretion, to pursue all of
its legal remedies, including but not limited to deletion of your
postings from this Web Site and immediate termination of your
registration with or ability to access the Web Site and/or any other
service provided to you by the Company, upon any breach by you of these
Terms and Conditions or if the Company is unable to verify or
authenticate any information you submit to the Web Site registration
with or ability to access the Web Site.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material or
your breach of the terms of these Terms and Conditions. The Company
shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding.
General
The Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United States. Access to the Materials may not
be legal by certain persons or in certain countries. If you access the
Web Site from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
These Terms and conditions are governed by the internal substantive laws
of the State of Maryland, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement
shall lie exclusively with the state or federal courts within Baltimore,
Maryland. If any provision of these Terms and Conditions are found to be
invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in additional terms of use for areas of the
Web Site a particular "Legal Notice," or Software License or
material on particular Web pages, these Terms and Conditions constitute
the entire agreement between you and the Company with respect to the use
of Web Site. No changes to these Terms and Conditions shall be made
except by a revised posting on this page.
Additional Terms of Use
Certain areas of this Web Site are subject to additional terms of use.
By using such areas, or any part thereof, you agree to be bound by the
additional terms of use applicable to such areas.
Refund/Return Policy
We do not offer refund or returns.