TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE INTENDED TO FORM A BINDING CONTRACT BETWEEN YOU (OUR VISITOR) AND US (THE SITE AND THE OWNERS OF THE SITE). YOU ARE ADVISED TO READ THEM THROUGH THOROUGHLY BEFORE VISITNG THE REMAINDER OF THE SITE AS THEY CONTAIN CONDITIONS WHICH BIND YOU. IF ANY OF THESE TERMS IS NOT ACCEPTABLE TO YOU – YOU MUST LEAVE THE SITE IMMEDIATELY AS YOUR AUTHORITY TO ACCESS IT IS DENIED.
1. THE CONTRACT
1. In consideration of Give it Direct and the Owner allowing You access to this website, You agree to comply with these Terms and Conditions without any modification.
2. YOUR OBLIGATIONS
2.1 You warrant as follows, that:
2. 1.1 All and any information that You supply to this Site in any way and for any purpose is complete, accurate, current and true
2.1.2 You will keep confidential ALL information in relation to any account You have with Give it Direct and will not supply or lend it to any third party
2.1.3 You are 18 years of age or older
2.1.4 You have the legal authority to enter into this Contract
2.1.5 You will read and understand that terms and conditions attached to any site with which Give it Direct has links and which you visit by use of such links
2.2 You will not
2.2.1 use this Website or its contents for any commercial purpose other than that for which this site is designed
2.2.2 access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
2.2.3 violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website
2.2.4 take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
2.2.5 deep-link to any portion of this Website for any purpose without our express written permission
2.2.6 “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization
2.2.7 attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Give it Direct in connection with this Site or the services it offers
3. INTELLECTUAL PROPERTY
3. All information on this Site belongs to Give it Direct
3.1 You cannot copy, share, transmit, reproduce, post or redistribute all or any part of any of the information contained on this Site without permission in writing from the Owner and without subjecting yourself to any additional terms, whether financial or otherwise, which they in their absolute discretion impose
3.2 The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is owned by Give it Direct. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
4. USE OF THIS SITE
4. Use of this Site is free to You on condition that you comply with these Terms and Conditions.
5. USE OF RELATED SITES
5.1 Give it Direct does NOT warrant that any sites with which it has links are free to use and that their Terms and Conditions will be similar to these Terms and Conditions.
5.2 Give it Direct does not warrant that the charges and/or any Terms and Conditions made by any site with which it has links are fair and reasonable.
7.1 “Submissions” will mean any content of whatever nature You submit to Give it Direct (including, but without limitation, reviews, comments, suggestions and ideas)
7.2 In respect of all and any Submissions made by You, You grant Give it Direct and the Owner and their affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully assignable right to
7.2.1 use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
7.2.2 use the name that you submit in connection with such Submission.
7.3 You acknowledge that Give it Direct may choose to provide attribution of your comments or reviews at its discretion.
7.4 You further grant Give it Direct the exclusive right to pursue at law any person or entity that violates Your or Give it Direct rights in the Submissions by a breach of this Contract and to retain all or any damages costs and other payments granted in such action
7.5 You agree that all Submissions are non-confidential
7.6 You accept that Give it Direct has an absolute right to remove and/or withdraw from publication any Submissions which, in its absolute discretion, it regards as unsuitable for the Site
8. INTERACTIVE AREAS
8.1 “Interactive Area” will mean all parts of the Site which allow comment posting or any other form of interaction between You and the Site.
8.2 The use of the content of this Site is entirely at Your own risk, and Give it Direct and the Owner accept no responsibility for the accuracy or correctness of any of the content on this Site. When using the Site You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
8.2.1 Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
8.2.2 Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
8.2.3 Content that would constitute, encourage, promote or provide instructions for conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country in the World, or that would otherwise create liability or violate any local, state, national or international law
8.2.4 Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.2.5 Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.2.6 Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Give it Direct or the Owner;
8.2.7 Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
8.2.8 Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
8.2.9 Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
8.2.10 Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
8.2.11 Viruses, corrupted data or other harmful, disruptive or destructive files;
8.2.12 Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
8.2.13 Content or links to content that, in the sole judgment of the Owner,
126.96.36.199 violates the previous subsections herein,
188.8.131.52 is objectionable,
184.108.40.206 restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or
220.127.116.11 may expose Give it Direct or the Owner or its affiliates or its users to any prosecution harm or liability of any type.
8.3.1 Neither Give it Direct nor the Owner assume any responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor are Give it Direct or the Owner liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. As a provider of interactive services, neither Give it Direct nor the Owner are liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.
8.3.2. Without accepting any obligation so to do, Give it Direct reserves the right to remove, screen, alter, edit or monitor any of the Content posted to or distributed through any Interactive Area which, Give it Direct, in its absolute discretion, decides and which is posted or stored on the Site at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at Your sole cost and expense.
8.3.3 If it is determined that You retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that
18.104.22.168 You do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
22.214.171.124 You have no objection to the publication, use, modification, deletion and exploitation of the Content by Give it Direct or its licensees, successors and assigns;
126.96.36.199 You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
188.8.131.52 You forever release Give it Direct and the Owner, and its and their licensees, successors and assigns, from any claims that you could otherwise assert against Give it Direct and/or the Owner by virtue of any such moral rights.
8.4 If You use the Interactive Areas or any other part of the Site in violation of the before-mentioned restrictions Give it Direct may, in its sole discretion, terminate or suspend Your right to use the Interactive Areas and/or the Site or any part or parts of it
You agree to indemnify Give it Direct and the Owner and their affiliates, officers, directors, employees and agents from and against all loss or damage, claims, causes of action, demands, recoveries of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by any third party as a result of:
9.1 Your breach of this Contract or the documents referenced herein;
9.2 Your violation of any law or the rights of a third party; or
9.3 Your use of this Website: or
9.4 Your violation of any of the rules and regulations of any of the bodies referred to in condition 8.2.3 of these terms and conditions; or
9.5 any other activity on Your part which gives rise to such a claim, cause of action, demands or recovery.
10.1 The Site contains links to other sites and Give it Direct accepts no liability for the accuracy or otherwise of the content of such sites or for the privacy of any information You provide to those sites
10.2 Give it Direct and the Owner take no responsibility for any malware, worms, trojans or otherwise appearing on any sites to which Give it Direct provides links
10.3 Neither Give it Direct nor the Owner in any way endorse the content of any site to which it offers a link
11. OFFENSIVE CONTENT
11.1 If You find any Content on the Site in any way offensive, libellous, incorrect or in any other way inappropriate, You should notify us immediately, using the contact details shown on the Site and supply any information to validate your assertion
11.2 If Give it Direct finds in, its sole discretion, that any Content notified to it is inappropriate for the Site, it will take all reasonable steps to remove that Content as soon as it is able
12. MODIFICATIONS TO THESE TERMS AND CONDITIONS
Give it Direct and the Owner reserve the right to modify these Terms and Conditions from time to time without notifying You. You agree to revisit these Terms and Conditions from time to time to establish whether or not any changes have been made and by accepting these Terms and Conditions You confirm that you have read and understood them on each visit You make to the Site
13. MODIFICATIONS TO THE SITE
Give it Direct and the Owner reserve the right, at its sole discretion, to modify, alter or remove any part of the Site or discontinue any services it provides from time to time and to discontinue the Site completely and nothing contained on the Site or in these Terms and Conditions shall give Give it Direct or the Owner any obligation, of any type, to continue the operation of the Site or any part of it.
14. GENERAL MATTERS
14.1 Operative Law – This Contract will be governed by and construed in accordance with USA law and each of the parties agrees to submit to the exclusive jurisdiction of the USA courts as regards any claim or matter arising under this Contract
14.2 Partnership Joint Ventures – no contractual relationship other than that envisaged by these Terms and Conditions is intended to arise under this contract and You agree that no relationship of any sort exists between Give it Direct and/or the Owner and You, save as provided for herein
14.3 Effect Of Contract- this Contract supersedes any previous Contract between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
14.4 Warranties – all parties acknowledge and agree that they have not entered into this contract in reliance on any representation, warranty or undertaking which is not set out or referred to in it
14.5 Unenforceability – If any provision or term of this Contract is, or shall become, or be declared illegal, invalid or unenforceable for any reason whatsoever (including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the parties of this Contract) such terms or provisions shall be divisible from this Contract and shall be deemed to be deleted from this Contract and the remainder of the provisions shall continue in full force and effect provided always that if any such deletion substantially affects or alters the commercial basis of this Contract the parties shall negotiate in good faith to amend and modify the provisions and terms of this Contract as necessary or desirable in the circumstances.
14.6 Notices – notices by either party must be given in writing and may be delivered personally or sent by letter (or transmitted by e-mail) addressed to the other party at its registered office. Any such notice given by letter will be deemed to have been given at the time at which the letter would be delivered in the ordinary course of post, if sent by post, and on the date of delivery if delivered personally (or at the date of receipt if transmitted by e-mail).
14.7 Entire Agreement – this Contract constitutes the entire understanding between the parties concerning the subject matter hereof.
“Give it Direct” is www.GiftandBefriend.com (this site) and any sub-site to which it allows access and which is owned by the Owner and which does not have its own terms and conditions
“The Owner” is FNM Digital Limited
“You” “Your” are a visitor to our website for any purpose whatsoever
“Site” is the site you are now visiting known as www.GiftandBefriend.com and operated by the Owner