1. COPYRIGHT .
Ownership. All content included on the SmallGyfts sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of SmallGyfts or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the SmallGyfts sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SmallGyfts or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the SmallGyfts sites, services, products or software, in whole or in part.
Copyright Complaints. SmallGyfts respects the intellectual property of others, and we ask our content partners and SmallGyfts members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the SmallGyfts sites in a way that constitutes copyright infringement, you may notify SmallGyfts by providing SmallGyfts's copyright agent the following information:
2. PERMITTED USE OF TRADEMARKS
SmallGyfts trademarks identify SmallGyfts products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to SmallGyfts. Other uses require written permission from SmallGyfts, and absent such express permission, you agree not to use or display the SmallGyfts trademarks in any manner. Please make such requests by e-mail to Try2See, Inc ; we will evaluate your request as soon as possible.
SmallGyfts's Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at "Search Trademarks" indicating Try2See, Inc. as the identified owner for conducting such search.
3. USER CONTENT AND DATA
SmallGyfts may provide interactive areas on the SmallGyfts sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SmallGyfts, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the SmallGyfts sites. SmallGyfts does not control the Content posted via the SmallGyfts sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SmallGyfts sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SmallGyfts be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the SmallGyfts sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
SmallGyfts does not claim ownership of any Content submitted and/or posted by you on any SmallGyfts site(s). However, by submitting and/or posting any Content to the SmallGyfts sites, you grant SmallGyfts a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the SmallGyfts interactive areas and SmallGyfts sites, you agree not to:
You understand that the technical processing and transmission of the SmallGyfts sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the SmallGyfts sites and software embodied within the SmallGyfts sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SmallGyfts and/or content providers who provide content to the SmallGyfts sites. You may not attempt to override or circumvent any of the usage rules embedded into the SmallGyfts sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SmallGyfts sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals ("Submissions") to SmallGyfts through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) SmallGyfts is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) SmallGyfts shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) SmallGyfts may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of SmallGyfts without any obligation of SmallGyfts to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from SmallGyfts under any circumstances.
4. LINKS, 3RD PARTY SERVICES, PROMOTIONAL MESSAGES
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against SmallGyfts with respect to such sites.
In addition, you may order services or merchandise through the SmallGyfts sites from other persons not affiliated with SmallGyfts ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the SmallGyfts sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. SmallGyfts makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider SmallGyfts, nor will SmallGyfts be construed as, a party to such transactions, whether or not SmallGyfts may have received some form of revenue or other remuneration in connection with the transaction. You agree that SmallGyfts will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
SmallGyfts and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. SmallGyfts makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither SmallGyfts nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from SmallGyfts such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the SmallGyfts sites and services and that you may not be able to opt out of receiving such communications in every instance.
5. REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify SmallGyfts of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to SmallGyfts, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SmallGyfts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. SmallGyfts has the right to immediately suspend or terminate your account and refuse any and all current or future use of the SmallGyfts sites or related products and services (or any portion thereof). SmallGyfts makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the SmallGyfts sites related to the registration, including email, message boards and other registration related information. Please remember that the SmallGyfts sites and SmallGyfts services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the SmallGyfts sites areas and/or content are appropriate for your child.
Charges and Billing For Certain SmallGyfts sites. Certain of the SmallGyfts sites require payment of access fees. By registering for those SmallGyfts sites, you hereby authorize SmallGyfts to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, SmallGyfts will be charging your designated credit card in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify SmallGyfts of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
SmallGyfts reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which SmallGyfts does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after SmallGyfts posts such modification on the applicable SmallGyfts site(s). SmallGyfts also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel any your Account or any associated optional or upgraded services therefore at any time, but SmallGyfts will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to SmallGyfts when due will be assessed an additional 1.2% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that SmallGyfts may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain SmallGyfts sites shall in no way limit any other remedies available to SmallGyfts. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify SmallGyfts of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify SmallGyfts within sixty (60) days, you waive any right to dispute such problems or discrepancies.
Pricing Information Disclosure For California Residents. Under California Civil Code Section 1789.3, California residents that access the SmallGyfts sites and services are entitled to the following specific consumer rights information: (i) Pricing Information - Current rates for using the Service may be obtained by going to the pricing schedule on the SmallGyfts Web Site located at http://www.smallgyfts.com/t2spremium_bs.asp. SmallGyfts reserves the right to change any fees, pricing or charges or to institute new fees at any time; (ii) Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF SmallGyfts IS AT YOUR SOLE RISK. SmallGyfts IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SmallGyfts AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE SmallGyfts SITES OR OTHERWISE BY SmallGyfts IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SmallGyfts NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SmallGyfts, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SmallGyfts ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON SmallGyfts CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON SmallGyfts.
SmallGyfts MAKES NO WARRANTY THAT THE SmallGyfts SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. SmallGyfts DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE SmallGyfts SITES. SmallGyfts IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SmallGyfts SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
7. LIMITATION OF LIABILITY
SmallGyfts, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 SmallGyfts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SmallGyfts SITES, PRODUCTS OR SERVICES; (B) 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 SmallGyfts SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH SmallGyfts; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY SmallGyfts; (E) PERSONAL INJURY NOT CAUSED BY SmallGyfts'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SmallGyfts SITES; OR (H) ANY OTHER MATTER RELATING TO THE SmallGyfts SITES, OR SmallGyfts PRODUCTS OR SERVICES. YOU AGREE THAT SmallGyfts'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SmallGyfts FROM YOU.
10. APPLICABLE LAW; CONSENT TO JURISDICTION
The SmallGyfts sites (excluding linked sites) are controlled by Try2See, Inc from its offices within the State of Michigan, United States of America. The SmallGyfts sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Michigan by accessing the SmallGyfts sites both you and SmallGyfts agree that the statutes and laws of the State of Michigan without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the SmallGyfts sites.
You agree that exclusive jurisdiction for any dispute with SmallGyfts, or in any way relating to your membership or use of SmallGyfts, resides in the courts of the State of Michigan and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Michigan in connection with any dispute including any claim involving SmallGyfts or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
With your prior approval, SmallGyfts reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.