GIFT & HOME CHANNEL TERMS OF USE PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING WWW.GIFTANDHOMECHANNEL.COM.
This page states the “Terms of Use” under which you may use www.giftandhomechannel.com (the “Site”). These Terms of Use include the Gift & Home Channel Privacy Policy and Gift & Home Channel House Rules (as they may be amended from time to time by us) and form a binding agreement between you and the Gift & Home Channel. (“we”).
Your access to or use of the Site indicates your acceptance of these Terms of Use. 1) Acceptable Use. The Site is for use by business users. It is not intended for use by individual consumers. Users are able to view video, read and create blogs, send messages to other users, take polls, and enter contests on or through the Site.2) Rights Reserved. Except as expressly stated in these Terms of Use, we reserve all our rights to all materials on the Site including, without limitation, video content, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks.
Gift & Home Channel is a service mark of Retailer Networks Inc. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.
You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials. 3) Registration. a) To obtain information and post materials on the Site, you will be required to register. We will request information from you, including your name, email, Federal ID Number, business name and address, and type of business for your registration. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide you with services you request or as provided in the Gift & Home Channel Privacy Policy. b) Each user will determine their user name and password. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your user name and password. c) We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.4) Posting.
Your posting of materials to the Site is governed by the Gift & Home Channel House Rules. Without limiting anything set forth in the Gift & Home Channel House Rules, you agree that you are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. Your use of the Site is a privilege. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials. If we are notified by a user that any user materials on the Site violate these Terms of Service, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials.
We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions. We may at any time take any action with regard to user materials that we deem in our sole discretion to be necessary or appropriate.5) Disclaimer. a) We use commercially reasonable efforts to keep the Site available twenty-four hours a day, seven days a week, subject to scheduled downtime for maintenance purposes. We attempt to schedule downtime at times that minimize the impact to Site users. Due to causes outside of our control, including conditions on the Internet and the services of our and your Internet service providers, we can make no guarantees that any user will be able to access the Site at all times. We implement industry standard measures to protect against service failures, but we shall not be liable to you for inaccessibility to the Site due to causes outside of our control. b) We make no representations or warranties whatsoever regarding the Site and any materials on the Site. We make no representations regarding products produced by or services provided by any third-parties, including, without limitation, products and services that are promoted by us on the Site or that you may order through us or the Site.
YOUR USE OF THIS SITE IS AT YOUR RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. c) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE AND CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.d) Your use of the Site, the Internet, any materials your post or access via our Site and your conduct online or offline are at your own risk.e) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by independent entities. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites.
We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.f) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our users), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users.6) Indemnification. You shall indemnify and defend us, and our officers, employees, and consultants against any costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use. 7) Limitation of Liability. a) Neither we, nor any of our officers, directors, employees or agents, will be liable to you or to any other person for any indirect, consequential, punitive or special damages (“non-direct damages”), of any character, whether in an action in contract, tort or otherwise, arising out of or in connection with these Terms of Use, even if we have been advised of the possibility of such damages. b) The liability of us and any of our officers, directors, employees or agents to you or to any other person for direct damages shall be limited to the greater of US$100 or the fees paid by you for our services during the 12 months preceding the events that give rise to your first claim against us for damages.c) Because some states or jurisdictions do not allow the exclusion or limitation of liability for non-direct damages, the limitations in paragraph (a) above may not apply to you, but in such case, the limitations in paragraph (b) shall apply to both direct and non-direct damages.8) Governing Law and Jurisdiction/Waiver of Jury Trial. These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles.
Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in United States District Court for the Southern District of New York, or if such court does not have jurisdiction, in the courts of the State of New York located in New York County and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding. Each party waives to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any rights or remedies arising under, relating to or in connection with these Terms of Use.9) Notices.
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day. 10) Amendment. We may change these Terms of Use, including the Gift & Home Channel Privacy Policy and Gift & Home Channel House Rules, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes. 11) General. We and you are solely independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement between you and us, these Terms of Use, including the Gift & Home Channel Privacy Policy and Gift & Home Channel House Rules (as amended from time to time by us as provided in these Terms of Use) contains the entire understanding between the parties and supersedes any prior agreement between such parties, whether written oral.
Contact Us:
Gift & Home Channel
Att: The OLB Group, Inc.
200 Park Avenue.
Suite 1700.
New Your, NY 10166
Phone: 212-278-0900
Email us at: [email protected]
GIFT & HOME CHANNEL HOUSE RULES Your use of www.giftandhomechannel.com (the “Site”) is governed by these House Rules.
These Gift & Home Channel House Rules (as they may be amended from time to time by us) form a part of the binding agreement between you and the Gift and Home Channel that is set forth in the Gift & Home Channel Terms of Service.1) Posting Rules: a) Materials you post to the Site may not contain: (i) URLs or links to Web sites; (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity. b) You may not use your Materials to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment; (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise. c) Materials that encourage our users to “email for more details” are not permitted. Materials from any third party charging a fee or restricting complete access to information are prohibited. d) We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random or at the request of other users. Any materials we find in our discretion to violate the Gift & Home Channel Terms of Use may be removed. 2) Conduct Rules: a) You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Communications soliciting business by our competitors are prohibited. b) You may not send (or encourage or help others to send) unsolicited commercial email to our users. c) You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your user name and password to post inappropriate material on the Site, you risk losing your access to the Site. d) Report inappropriate postings or conduct to [email protected] You may not delete or revise any material posted by any other person or entity.f) We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported. 3) Security Rules: a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “denial of service” attack, “flooding”, “mailbombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. b) Violation of these Security Rules may result in civil or criminal liability.
We 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. We are the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We reserve the right to change these rules in accordance with the amendment policy in the Gift & Home Channel Terms of Use. GIFT & HOME CHANNELPRIVACY POLICYThe Gift and Home Channel (“we”) take your privacy seriously. We only ask you to provide information that we need in order to deliver the service or information you have requested. We do not share the information you have given us without your permission to do so. 1) Information We Collect. a) At www.giftandhomechannel.com (the “Site”), we collect personally identifiable information from you when you register for the Site. We will request information that we need in order for you to participate in the service (things like your name, Federal ID number, and email address, as examples).b) We offer several opportunities to receive products or information on- and off-line, either directly from us or from our partners. You can indicate your wish to receive such products and information by checking a box on a form; unless you ask for it, nothing will be sent to you and nothing will be shared with third parties. If you request to receive information or a product from us or others, we may need to collect more information from you than when you register for the Site.c) In addition, like most sites, we maintain logs of site usage in order to evaluate our users’ interest level in areas of the Site, which and how many pages they look at, how long they stay on the Site, and what Web browsers are used. This data is tracked in aggregate form, not at an individual user level, and is not uniquely identifying. The aggregate level data may be shared with third parties and the public.2) Your Posted Materials. The materials you post on the Site are made available to be seen and read by other users of the Site. None of such materials are treated confidentially.
We will remove your materials from the Site at your request, but we cannot give any assurances that such materials are not still available from servers maintained by others (such as search engines or proxy servers) or that others have not already downloaded and stored such materials.3) Marketing Lists. From time to time, we obtain lists of people who may be interested in our products and services from third-party marketing list suppliers. We use these lists to send direct marketing promotions by mail or by email. We do our best to only obtain these lists from suppliers who collect their lists in compliance with applicable law, but we are not responsible for the conduct and policies of these suppliers. Please note that even if you are a registered customer of ours and have asked us not to use the information you provided to us to send you promotional material, a third-party marketing list supplier may still provide us with your name and address, in which case you will receive the promotional material sent by us to others on the supplier’s list. If you have received a promotion from us and do not wish to receive future promotions, please contact us at: [email protected]) Cookies. We use a software technology called “cookies” to create a personalized Web experience for our users. Cookies cannot be used to find your name, email address, or anything that is uniquely identifying about you, unless you provide that information. We use cookies for those applications that require us to keep track of information to customize results. We also allow you to choose to use a cookie to save your username and password so that you do not have to log in to the website each time you visit. If you don’t have your browser set to accept cookies, certain areas of the Site may not function properly. 5) Clear Gifs (Web Beacons/Web Bugs). We may use a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helps inform us about Site use. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web user. Clear gifs are invisible on the page and very small, about the size of the period at the end of this sentence. In addition, we may use clear gifs in our HTML-based emails, to let us know which emails have been opened by the recipients. This allows us to know how well customers respond to certain communications and the effectiveness of our marketing campaigns. Clear gifs can “work with” existing cookies on a computer to track individual users.6) Third Party Privacy Policies. When you ask to receive information or a product from or to be contacted by a third party, your information is passed on to the third party to fulfill your request. The information we share may include any personally identifiable information we have about you, such as your name and address.
When you click on links and/or ad banners that take you to third-party websites, the third party may collect information about you at their Web site. Third parties may have their own privacy policies that differ from ours. We encourage you to read the posted privacy statement whenever interacting with any website you visit. 7) Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. These companies may use information about you and your visits to this and other Web sites in order to provide advertisements on this Site and other sites about goods and services of interest to you. In the course of serving advertisements to this Site, our third-party advertisers may place or recognize a unique “cookie” on your browser.8) Disclaimer. Though we make every effort to preserve your privacy, we cannot guarantee your privacy. Further, we may disclose personal information when required by law or where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process served on us. We may also disclose personal information in cooperation with a law enforcement request.9) Amendment. We reserve the right to change this policy in accordance with the amendment policy in the Gift and Home Channel Terms of Use.
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