Terms of Use



Welcome to Giftventure! PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. This “Site” refers to www.giftventure.com and any related domains controlled by Giftventure Studios Inc. (“Giftventure”). By accessing or using this Site, you agree to these terms of use. If you do not agree to these terms you may not use this Site. We may change, add or delete portions of these Terms of Use at any time.

You must be 18 years or older and a resident of the United States or Canada in order to purchase Giftventure services or products.

OWNERSHIP AND USE OF MATERIALS

All information, content and materials contained on this Site are our copyrighted property or the copyrighted property of our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. Giftventure and its licensors retain all of their rights. No information, content or material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the content made available by Giftventure on a single computer for your own personal, home use only, provided that you keep intact all copyright and other proprietary notices and you don’t make any derivatives of or modifications to the content. The use of any information, content or materials from this Site on any other Web site or computer environment is prohibited.

This Site is only for your personal use. You may not use this Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

DESCRIPTIONS AND DELIVERY TIMES

Giftventure and its affiliates attempt to be as accurate as possible. In order to improve the customer experience, our services, content and descriptions are frequently updated based on feedback. The product you receive may not reflect the exact contents of the screenshots or other product descriptions on www.giftventure.com at the time of purchase. Price and availability is subject to change without notice.

We send Giftventure communications via the U.S. Postal Service. While normally reliable, letters can occasionally be delayed or lost. Giftventure will generally place letters for delivery with sufficient time to meet requested dates, however Giftventure does not guarantee delivery times and will not be responsible or liable for delayed or lost communications.

YOUR ACCOUNT

If you register an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. You can notify us at support@giftventure.com if you suspect any unauthorized use of your account. Giftventure only sells products and services to adults, who can purchase with a credit card. If you are under 18, you may purchase products and services through this Site only with the involvement of a parent or guardian. Giftventure reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

SUBMISSIONS

We enjoy hearing from our users and welcome your comments, suggestions and other feedback regarding Giftventure services and products (“Feedback”). At your option, you may send us Feedback, or through features or activities on this Site (including games, sweepstakes, contests, promotions and forums), you may submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, "User Content") through such features or activities (User Content, together with Feedback, the "Submissions"). Giftventure shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User Content constitutes a Submission, such User Content shall be conclusively deemed to be a Submission. No Submission (except for personally identifiable information, as described in our Privacy Policy) shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. By submitting content, feedback, or product suggestions, you grant Giftventure and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

If terms other than the rights above govern the submission of, and our right to use, User Content submitted in connection with a particular activity, such other terms shall be posted at the applicable activity and shall supersede the terms of the license above; provided however, that in such instances, all provisions of these terms of use other than the license above shall continue to apply to such activity.

DISCLAIMER

THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, GIFTVENTURE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GIFTVENTURE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GIFTVENTURE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY INDIRECT DAMAGES WHATSOEVER, EVEN IF GIFTVENTURE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXTERNAL SITES

This site may contain links to other sites on the Internet that are operated by third parties (the "External Sites"). You acknowledge that Giftventure is not responsible for the availability of, or the content located on or through, any External Site. Giftventure does not control or make any representations regarding what External Sites may do with personal information that you provide them; you are solely responsible for deciding whether to provide External Sites with any personal information. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

APPLICABLE LAW

By using this Site, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Giftventure or its affiliates. You agree that the state and Federal courts located in Las Vegas, Nevada will have jurisdiction and venue over any disputes relating to these Terms of Use or this Site.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:
Service Provider: Giftventure
Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should be Sent: 7 Via Vittorio, Henderson, NV 89011
Telephone Number of Designated Agent: 1-877-961-4438
Facsimile Number of Designated Agent: 1-877-961-4438
E-Mail Address of Designated Agent: legal@giftventure.com

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on this Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Giftventure may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

CONTACT US

info@giftventure.com