Conditions of Use
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Egifts2u.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Egifts2u.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Egifts2u.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Egifts2u.com in advance. Egifts2u.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Egifts2u.com believes that customer conduct violates applicable law or is harmful to Egifts2u.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Egifts2u.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Egifts2u.com has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Egifts2u.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Egifts2u.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Egifts2u.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Egifts2u.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Egifts2u.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Egifts2u.com will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead Egifts2u.com or third parties as to the origin of any Submissions or Content. Egifts2u.com may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Egifts2u.com or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to Egifts2u.com. All software used on this Site (the "software") is the property of Egifts2u.com or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws.
EGIFTS2U.COM, EGIFTS2U.COM THE WEB'S MOST POPULAR SHOE STORE (& design), THE SHOE STORE EGIFTS2U.COM (& design), EGIFTS2U, TYPE L and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Egifts2u.com. The use of any Egifts2u.com trademark or service mark without Egifts2u.com's express written consent is strictly prohibited. You may not use any Egifts2u.com trademark or service mark in connection with any non- Egifts2u.com product or service or in any way that is likely to cause confusion. You may not use Egifts2u.com's trademarks or service marks in any manner that disparages or discredits Egifts2u.com. You may not use any of the Egifts2u.com trademarks or service marks in meta tags without the prior explicit consent of Egifts2u.com.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Egifts2u.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Egifts2u.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Egifts2u or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Egifts2u web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Egifts2u has been advised of or should have known of the possibility of such damages. In no event will Egifts2u be liable for any damages in excess of the fees paid by you in connection with your use of the site during the three month period preceding the date on which the claim arose.
This site is provided by Egifts2u.COM on an "as is" and "as available" basis. Egifts2u makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Egifts2u disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Egifts2u disclaims any and all warranties, express or implied, for any merchandise offered on this site. you acknowledge, by your use of the Egifts2u web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
Egifts2u.COM shall not be held responsible for the delay in shipment or non-delivery of the goods due to war, earthquake, serious flood, fire and other Force majeure causes agreed by both parties. However, Egifts2u.COM shall advise the Buyers by fax/telex, immediately of such occurrence and within fourteen days thereafter, shall send by airmail to the Buyers for their acceptance a certificate issued by the competent authorities of the place where the accident occurs as evidence thereof. Under such circumstances the Sellers, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the late delivery exceeds ten weeks, the Buyers shall have the right to cancel this Contract.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Egifts2u according to UK and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Egifts2u and is also protected by UK and its international copyright laws. Egifts2u reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Egifts2u’s intellectual property rights. The Egifts2u names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Egifts2u.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Egifts2u’s endorsement, sponsorship or recommendation of the third party, information, product or service. Egifts2u is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website (e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04", etc); and
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such a dispute to Hong Kong International Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in accordance with the HKIAC arbitration rules in effect at the time of applying for arbitration. The arbitrary awards are final and binding upon both parties.
Please note that there may be certain orders that we are unable to accept and must cancel. Egifts2u.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
While Egifts2u.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Egifts2u.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Egifts2u.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Egifts2u.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to Hong Kong International Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Egifts2u.com is not responsible for the operation of or content located on or through any such site.
You agree that Egifts2u.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Egifts2u.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Egifts2u.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Egifts2u.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Egifts2u.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.