Welcome to PrestoGifto!
This is a contract between you and PrestoGifto, Inc. (PrestoGifto). This contract applies to any PrestoGifto software or services, including updates, that you use while this contract is in force. All of the software and services are referred to in this contract as “the service.”
Please note that we do not provide warranties for the service. This contract also limits our liability and REQUIRES your full assumption of risk and responsibility for the content of your storefront. These terms are in sections 10, 11, and 12 and we ask you to read them carefully.
You may start using the service as soon as you have finished the sign-up process, provided you have read and agreed to comply with these terms and conditions.
In using the service, you will:
In using the service, you may not:
The ShopBuilder service provided by PrestoGifto involves the creation of a unique storefront for you (the “storefront”). Although the ShopBuilder service provides ready access to content to enable the simple creation of your affiliate storefront, PrestoGifto does not own, supply, manage, host or control the storefront or any content related thereto. PrestoGifto has no affiliation with the products, materials or content displayed on the storefront or the parties who supply such products, materials or content. PrestoGifto does not review, filter or manage the content that may be provided to you for display on your storefront. Your rights to display such content will be between you and the vendor with whom you affiliate (the “affiliated vendor”) via the PrestoGifto service (e.g. CafePress, Inc.). YOU ARE ASSUMING ALL OF THE RISK FOR CONTENT THAT IS LOADED ON YOUR STOREFRONT. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND OPERATION OF YOUR STOREFRONT. YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF SERVICE BETWEEN YOU AND THE AFFILIATED VENDOR. YOU HAVE AGREED IN THIS CONTRACT TO INDEMNIFY PRESTOGIFTO AND TO HOLD PRESTOGIFTO PARTIES HARMLESS FOR CLAIMS OR DAMAGE RESULTING FROM YOUR STOREFRONT INCLUDING THE CONTENT THEREOF.
PrestoGifto earns compensation from providing the ShopBuilder service to you. Our compensation model is aligned with PrestoGifto’s customer focused business value objectives; we only make money when your ShopBuilder service generated storefront makes money. In consideration for the ShopBuilder service, you agree that PrestoGifto shall have the right to substitute the PrestoGifto CafePress affiliate ID for your affiliated vendor affiliate ID in accordance with the practice described on the FAQ page [Link] such that PrestoGifto will receive credit for certain referrals from the ShopBuilder generated storefront (the “ShopBuilder compensation”). The process used to automate this affiliate ID swap will change from time to time and you agree that any such change will be effective immediately upon positing on the FAQ page [http://www.prestogifto.com/faq].
You may terminate the ShopBuilder service and the compensation program by canceling the service. Upon cancellation, you must immediately cease use of any materials or content provided to you by PrestoGifto.
Only you may use your service account. You are responsible for all activity that takes place with your service account, your storefront, or an associated account. You may not authorize any third party to access and/or use the service on your behalf.
You agree that any suggestions, improvements, ideas or other content that you submit to PrestoGifto related to our ShopBuilder™ or other services (the “Feature Requests”) shall be owned by PrestoGifto and shall deemed to have been assigned to PrestoGifto by you upon such submission. To the extent that you provide any materials in conjunction with utilizing our services, provided those are not Feature Requests or materials that we license to you, we do not claim ownership of such materials you post or otherwise provide to us related to the service (called a “submission”). However, by posting or otherwise providing your submission, you are granting to the public free permission to:
This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission or feature requests. We may refuse to publish, and may remove your submission from the service at any time. For every submission and feature request that you make, you must have all rights necessary for you to assign or grant the permissions in this section. In addition, the foregoing provision does not modify or any agreement that you may have with an affiliate vendor.
Please see the PrestoGifto Privacy Policy [http://www.prestogifto.com/privacy]
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
WARRANTY DISCLAIMER
WE PROVIDE THE SERVICE “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. THE PRESTOGIFTO PARTIES GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRESTOGIFTO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. WE EXCLUDE ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
YOUR WARRANTY TO PRESTOGIFTO
YOU WARRANT THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS CONTRACT. YOU WARRANT THAT YOU WILL TAKE FULL RESPONSIBILITY FOR THE CONTENT OF YOUR STOREFRONT.
TOTAL LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF PRESTOGIFTO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS UNDER THIS AGREEMENT WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE SHALL BE LIMITED TO (A) THE AMOUNT OF SHOPBUILDER COMPENSATION RECEIVED BY PRESTOGIFTO, RELATED SPECIFICALLY TO YOUR STOREFRONT, IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITY OF PRESTOGIFTO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS UNDER THIS SECTION SHALL BE CUMULATIVE AND NOT PER INCIDENT.
DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRESTOGIFTO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRESTOGIFTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN KINDS OF DAMAGES AND LIMITATIONS ON LIABILITY AS SET FORTH ABOVE. TO THE EXTENT YOU ARE LOCATED IN ANY SUCH JURISDICTION AND SUCH PROHIBITION IS NOT CURED BY VIRTUE OF THIS AGREEMENT BEING GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAWS OF SUCH JURISDICTION.
IN NO EVENT SHALL THE FOREGOING EXCLUSIONS AND LIMITATIONS ON DAMAGES BE DEEMED TO APPLY TO ANY LIABILITY BASED ON FRAUD OR WILLFUL MISCONDUCT BY PRESTOGIFTO.
The foregoing limitation includes, but is not limited to, the following:
It also applies even if:
You agree to indemnify and hold PrestoGifto, the PrestoGifto parties, and all subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your violation of this contract, your violation of any rights of another, or any claims that result from your operation of your storefront, including, but not limited to, indecent content, claims you’re your suppliers or customers related your storefront, and governmental regulatory claims related to your storefront.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your PrestoGifto ID), use of the Service, or access to the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
This contract is in electronic form. We have the right to send you certain additional information in connection with the service, including updates to this TOS. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
This contract is between you and PrestoGifto, Inc. Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles thereof and the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sales of Goods to this Agreement. Suits or enforcement actions must be brought within two (2) years after the event giving rise to such cause of action arose, or of which a party should have known, and each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in King County, Washington, USA for all disputes arising out of or relating to this contract.
If you are a corporation, partnership or similar entity, then the rights to utilize the services granted under this contract are expressly conditioned upon and you represent and warrant to PrestoGifto that the individual accepting the terms of this contract is authorized to bind such entity to the terms and conditions of this contract. If any provision of this contract is held to be invalid or unenforceable, it will be enforced to the extent permitted under applicable law and the remainder of this contract will remain in full force and effect. The express waiver by either party of any provision, condition or requirement of this contract does not constitute a waiver of any future obligation to comply with such provision, condition or requirement. You and PrestoGifto are independent parties. This contract, including any specifically referenced portions of the website, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. This contract may not be varied except through a document agreed to and signed by both parties. The headings of paragraphs and sections are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.
Copyright and Trademark Notices
All contents of the service are Copyright © 2006 PrestoGifto Corporation and/or its suppliers, address…U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. PrestoGifto, PrestoGifto logo, ShopBuilder, the ShopBuilder design/log and/or other PrestoGifto products and services referenced herein may also be either trademarks or registered trademarks of PrestoGifto in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
Respect Copyright
Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights or have permission from the owner.
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