Terms and Conditions

Welcome to Designs Giftware. These terms and conditions outline the rules and regulations for the use of Designs Giftware’s Website, located at designsgiftware.com. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Designs Giftware if you do not agree to all of the terms and conditions stated on this page.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property, and all source code, databases, functionality, design, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained on the site (the “Marks”) are owned or controlled by Designs Giftware or licensed to us, and are protected by copyright and trademark laws.

The Content and Marks are provided on the site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written permission.

User Representations

By using the site, you represent and warrant that:

  • You have the legal capacity and you agree to comply with these Terms of Use.
  • You are not a minor in the jurisdiction in which you reside.
  • You will not access the site through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the site for any illegal or unauthorized purpose.
  • Your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

Products and Services

Designs Giftware strives to display as accurately as possible the colors, features, specifications, and details of the products available on the site. However, we do not warrant that the color, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability. We reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

  • Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
  • Use any information obtained from the site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the site in a manner inconsistent with any applicable laws or regulations.

User Contributions

The site does not offer users to submit or post content. However, you may have the opportunity to communicate with us via email or contact forms. You represent and warrant that any such communication will not:

  • Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
  • Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
  • Be fraudulent, false, misleading, or deceptive.
  • Be offensive, harassing, threatening, defamatory, obscene, or otherwise objectionable.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • Your use of the site.
  • Breach of these Terms of Use.
  • Any breach of your representations and warranties set forth in these Terms of Use.
  • Your violation of the rights of a third party, including but not limited to intellectual property rights.
  • Any overt harmful act toward any other user of the site with whom you connected via the site.

Governing Law

These Terms of Use and your use of the site are governed by and construed in accordance with the laws of the jurisdiction in which Designs Giftware operates, without regard to its conflict of law principles.

Changes to Terms

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify these Terms of Use at any time. The new terms will be effective immediately upon their posting on the site, and your continued use of the site after the posting of the new terms will constitute your acceptance of and agreement to be bound by the new terms.