Terms and Conditions
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the GiftChameleon.com domain name, (“Website”), you signify your agreement to these terms and conditions. If you do not agree to any of these terms, please do not use the GiftChameleon.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. GiftChameleon.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and in using the site you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. GiftChameleon.com Website
A. These Terms of Service apply to all users of the GiftChameleon.com Website, including users who are also contributors of photographs, information, and other materials or services on the Website. The GiftChameleon.com Website includes all aspects of GiftChameleon.com, including but not limited to all products, software and services offered via the website.
B. The GiftChameleon.com Website may contain links to third party websites that are not owned or controlled by GiftChameleon.com. GiftChameleon.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GiftChameleon.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve GiftChameleon.com from any and all liability arising from your use of any third-party website.
3. Description of Service:
GiftChameleon.com provides users with a variety of Gift Ideas. We include affiliate marketing links to generate revenue. The contents of the GiftChameleon.com website do not constitute advice and should not be relied upon in making or refraining from any decision.
4. General Use of the Website – Permissions and Restrictions
GiftChameleon.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website without GiftChameleon.com‘s prior written authorization.
B. You agree not to alter or modify any part of the Website or any of its related technologies.
C. You agree not to access GiftChameleon.com Content through any technology or means other than viewing of the Website itself, or other explicitly authorized means GiftChameleon.com may designate.
D. You agree not to use the Website, for any commercial use, without the prior written authorization of GiftChameleon.com. Prohibited commercial uses include any of the following actions taken without GiftChameleon.com’s express approval:
• sale of access to the Website or its related services on another website;
• use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising on the GiftChameleon.com website or any third-party website, targeted to the content of specific GiftChameleon.com content;
• and any use of the Website or its related services that GiftChameleon.com finds, in its sole discretion, to use GiftChameleon.com‘s resources with the effect of competing with or displacing the market for GiftChameleon.com.
E. Prohibited commercial uses do not include any use that GiftChameleon.com expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the GiftChameleon.com server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GiftChameleon.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GiftChameleon.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. GiftChameleon.com reserves the right to discontinue any aspect of the GiftChameleon.com Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the GiftChameleon.com Website.
A. The content on the GiftChameleon.com Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GiftChameleon.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GiftChameleon.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access GiftChameleon.com content only as permitted under this Agreement. GiftChameleon.com reserves all rights not expressly granted in and to the GiftChameleon.com content.
E. 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.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the GiftChameleon.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GiftChameleon.com Website or the Content therein.
6. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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 the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GiftChameleon.com’s designated Copyright Agent to receive notifications of claimed infringement is: Jennifer Heller, 416 26th Street, Oakland, CA 94618.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GIFTCHAMELEON.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTCHAMELEON.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GIFTCHAMELEON.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 GIFTCHAMELEON.COM WEBSITE. GIFTCHAMELEON.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GIFTCHAMELEON.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIFTCHAMELEON.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL GIFTCHAMELEON.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GIFTCHAMELEON.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GIFTCHAMELEON.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by GiftChameleon.com from its facilities in the United States of America. GiftChameleon.com makes no representations that the GiftChameleon.com Website is appropriate or available for use in other locations. Those who access or use the GiftChameleon.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Gift Chameleon, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the GiftChameleon.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GiftChameleon.com Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the GiftChameleon,com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the GiftChameleon.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GiftChameleon.com without restriction.
You agree that: (i) the GiftChameleon.com Website shall be deemed solely based in California; and (ii) the GiftChameleon.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over GiftChameleon.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and GiftChameleon.com that arises in whole or in part from the GiftChameleon.com Website shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms of Service, together with the Notice at http://www.GiftChameleon.com/wp/privacy-policy and any other legal notices published by GiftChameleon.com on the Website, shall constitute the entire agreement between you and GiftChameleon.com concerning the GiftChameleon.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GiftChameleon.com’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GiftChameleon.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the GiftChameleon.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GIFTCHAMELEON.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GIFTCHAMELEON.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.