make use of our website www.outgift.com (the “Website”), whether as a guest or a registered user (and please note that the Website may also contain some or all of the content from various Information – which is something we define for you in the next paragraph); and
make use of any newsletter or other information that you subscribe for us to send to you (whether by email or otherwise) or which we otherwise supply to you (all of which together we call “Information” which is both the content of whatever you get and the medium by which it is conveyed, such as email or letter).
The Website and Information are operated by and supplied by Outgift, Inc., a company registered in Delaware, USA with registered number 6002242 whose office is at 123 Town Square Place #512, Jersey City, NJ 07310 (and we refer to ourselves as “we”, “us” or “our” in this document). We own, operate and supply the Website and Information on our own behalf.
The Website and Information are intended for persons over the age of 16 only. To use the Website (without registering for an account to view or purchase products via the Website) and subscribe to receive Information or other marketing or promotional material from us (in any form and via any media) you must be 16 years of age or over. If you are under 16 and you want to use the Website (without registering for an account to purchase products via the Website) or subscribe for Information you must get consent from your parent or guardian before doing so. If you have already subscribed for Information or other promotional or marketing material and you are under 16 but you do not have consent from your parent or guardian, please tell us immediately by email to firstname.lastname@example.org.
We are a company registered in the United States of America, so we have complied with applicable US laws in making the Website, supplying Information and their content to you. If the Website or Information is accessed by you from outside the US, this is entirely at your risk. We make no representation that the Website or Information and their content are suitable for use outside of the US. If you choose to access or use the Website or the Information from or in locations outside the US, you do so on your own initiative and are responsible for:
ensuring that what you are doing in that country is legal; and
the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services).
Use of the Website and subscription for Information does not include the provision of a computer or other necessary equipment to access it. To use the Website or access Information you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
You shall not in any way use the Website or Information or submit to us or to the Website or to any user of the Website or subscriber to the Information anything which in any respect:
is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;
is fraudulent, criminal or unlawful;
is inaccurate or out-of-date;
may be considered by a reasonable person in the US to be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
impersonates any other person or body or misrepresents a relationship with any person or body;
may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
may be contrary to our interests;
is contrary to any specific rule or requirement that we stipulate on the Website in relation to the Information, a particular part of the Website or the Website generally; or
involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You may not use any automated means (such as scripts) to access the Website or Information or collect any information from the Website or Information unless we explicitly agree to allow you to do so in writing.
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or in Information or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
Commentary and other materials posted on the Website or in Information are not intended to amount to advice on which reliance should be placed. Subject to the two paragraphs 25 and 26 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or person who accesses or uses Information, or by anyone who may be informed of any of their contents.
You assume sole responsibility for results obtained from the use of the Website and/or Information, and for conclusions drawn from such use. Subject to paragraphs 16, 25 and 26 below, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Website or Information, or any actions taken by us at your direction.
You agree to comply at all times with any instructions for use of the Website and Information which we make from time to time.
Availability of the Website and the Information, Security and Accuracy
We warrant that, in making the Website and the Information available to you, we shall use our reasonable skill and care.
Whist we try to make the Website available 24 hours a day, we cannot be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website, or subscription for Information, will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Website and Information (or a subscription for Information) may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website or access to or subscription for Information for any reason. If we impose restrictions on you personally, you must not attempt to use the Website or subscribe for or access Information under any other name or user.
We do not warrant that the Website or Information will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or the Information or your obtaining any material from, or as a result of using, the Website or the Information. We shall also not be liable for the actions of third parties.
We may change or update the Website (including but not limited to any archive of any Information which may be stored within it) and anything described in it without notice to you.
Whilst we try to ensure that information and materials on the Website and in Information are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
Content of the Website and Information
The content of Information and the Website is selected by Outgift, Inc. employees.
Disclosure of Material Connection: Some of the links in the post throughout the Website are “affiliate links.” This means if you click on the link and purchase the item, Outgift will receive an affiliate commission. Please note that Outgift only recommends products or services they believe will add value to you regardless of whether or not an affiliate commission is received on a certain Product. We are disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Registration for Information and to order products through the Website
We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
To the extent possible by law and subject to paragraph 25 above, in all cases other than in respect of products or services that we provide to a specific consumer (which shall be governed by its own contractual terms), to the extent permitted by law:
our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Website and/or Information, or any material in them or accessible from them, or from any action or decision taken as a result of using the Website or Information or any such material, shall be $1; and
we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to any material on the Website or in Information or in relation to your use or inability to use or delay in use of the Website and/or Information or any material in them or accessible from them or from any action or decision taken as a result of using the Website or Information or any such material, in relation to any of the foregoing, for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
The “Outgift” name and logos and all related names, design marks and slogans are or will be the trade marks or service marks of Outgift.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website and Information, and in the material published in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Website or in Information for commercial purposes without obtaining a license to do so from us.
Information about you and your visits to the Website and subscription for Information
Third Party Websites
You must not without our permission:
use or copy any material from the Website or Information, including, but not limited to, onto other websites or in emails or newsletters or otherwise; or
frame any of the Website or Information onto your own or another person’s website.
We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
you shall not make any warranties or representations about us, our services or our policies except with our prior express authorisation;
you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and
you shall not suggest expressly or impliedly that we have endorsed your website or are associated with it where this is not the case.
US law and jurisdiction
© OUTGIFT 2016 ALL RIGHTS RESERVED