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TERMS & CONDITIONS
GIFT WRAP MY FACETM LLC (“GWMF”) provides service to you subject to the following Terms of Service, which may be updated by us from time to time without specific notice to you. These Terms of Service apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Please read these Terms of Service carefully. By using and/or visiting the Giftwrapmyface.com website or any other websites or pages owned or controlled by GWMF (collectively the “Website”), you consent to both these Terms of Service and our Privacy Policy [link], which is incorporated by reference. GWMF cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service.
RULES OF CONDUCT
The following Rules of Conduct apply to your use of the Website and our other services, and to any User Submissions. You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. In addition, when using our Website or other services, you may not:
Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Infringe or violate any patent, copyright, trademark, trade secret or other property right;
Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Do anything that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
Upload or promote software or services that deliver unsolicited e-mail; or
Upload anything that contains a virus, Trojan horse, worm, time bomb, cancelbot or other harmful programming routine. You may not, except with prior written authorization from GWMF, or in a specially designated area, use the Website to:
Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
Engage in commercial activities within GWMF;
Use GWMF content to engage in commercial activities;
Use GWMF’s website or content to promote any product or service of anyone who competes with GWMF;
Harm minors in any way;
Solicit personal information from anyone under 18;
Provide false or deceptive information;
Delete, add or otherwise change User Submissions or other content when you have not been granted the privileges to do so; or
Allow usage by others in such a way as to violate GWMF’s Terms of Service.
In addition, YOU are solely responsible for the Content and the decision to upload it to the Site. With respect to the Content, you represent and warrant:
- You own all rights, including copyright, in the Content, or you otherwise have sufficient legal rights to use the Content as enabled by the Site.
- It does not contain personally identifiable information about a child under the age of thirteen (13) years that can be viewed by visitors at the Site.
- It does not disseminate another person's personal information without his or her permission and does not disclose confidential information of a third party.
- It does not promote unlawful activities.
- It does not violate the privacy rights (including publication of private facts, intrusion into a place of seclusion, portrayal in a false light, or false endorsement), or rights of publicity of any person.Intellectual Property Infringement
GWMF respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with GWMF and the Website, including if you access GWMF services via a Third Party Platform (defined below), you may not post any User Submission or Design that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. GWMF reserves the right, in its discretion, to remove any User Submission or reject any Design if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights.
If you believe that any User Submission or Design infringes your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm these requirements with respect to copyright claims):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of any copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (including URLs to access the material).
4. Information reasonably sufficient to permit us to contact you about your complaint, such as an address, telephone number, and, if available, an email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
6.A statement, sworn under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Intellectual Property Complaints GWMF
Email:info@GiftWrapMyFace.com
Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
OUR INTELLECTUAL PROPERTY RIGHTS
All content on the Website, including without limitation, the text, code, fonts, graphics, User Submission, designs and photos created by and for GWMF, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GWMF, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of GWMF or as expressly provided herein. GWMF reserves all rights not expressly granted in and to the Website and the Content contained therein.
The GWMF Website is © 2014, GWMF.com – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of GWMF. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content.
All of the GWMF trademarks are owned by GWMF and may not be used for any purpose without the prior written permission of GWMF. All other trademarks are owned by third parties, and may not be used for any purpose without the prior written permission of such parties.