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Terms and Conditions

 TERMS OF SERVICE AGREEMENT  PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT  CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU  HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS  INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,  THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS  AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT  EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE  DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF  SERVICE AGREEMENT IS EFFECTIVE AS OF 11/04/2024.  


ACCEPTANCE OF TERMS  

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that  shall govern the relationship with our users and others which may interact or interface with  You Gift It, also known as YGI, located at Georgia and our subsidiaries and affiliates, in  association with the use of the YGI website, which includes www.yougiftit.shop, (the "Site")  and its Services, which shall be defined below.  


DESCRIPTION OF WEBSITE SERVICES OFFERED 

The Site is an e-commerce website which has the following description:  


You Gift It is a e-commerce Gift Store  


Any and all visitors to our site shall be deemed as "users" of the herein contained Services  provided for the purpose of this TOS.  


The user acknowledges and agrees that the Services provided and made available through our  website and applications, which may include some mobile applications and that those  applications may be made available on various social media networking sites and numerous  other platforms and downloadable programs, are the sole property of You Gift It. At its  discretion, You Gift It may offer additional website Services and/or products, or update,  modify or revise any current content and Services, and this Agreement shall apply to any and  all additional Services and/or products and any and all updated, modified or revised Services  unless otherwise stipulated. You Gift It does hereby reserve the right to cancel and cease  offering any of the aforementioned Services and/or products. You, as the end user  acknowledge, accept and agree that You Gift It shall not be held liable for any such  updates, modifications, revisions, suspensions or discontinuance of any of our Services  and/or products. 


Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such  updates, changes and/or modifications, and as such, frequent review of this Agreement  and any and all applicable terms and policies should be made by you to ensure you are  aware of all terms and policies currently in effect. Should you not agree to the updated,  revised or modified terms, you must stop using the provided Services forthwith.  Furthermore, the user understands, acknowledges and agrees that the Services offered  shall be provided "AS IS" and as such You Gift It shall not assume any responsibility or  obligation for the timeliness, missed delivery, deletion and/or any failure to store user  content, communication or personalization settings.  


PRIVACY POLICY  

Every member's registration data and various other personal information are strictly protected  by the You Gift It Online Privacy Policy (see the full Privacy Policy at ). As a member, you  herein consent to the collection and use of the information provided, including the transfer of  information within the United States and/or other countries for storage, processing or use by  You Gift It and/or our subsidiaries and affiliates.  


CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE  

Due to the global nature of the internet, through the use of our network you hereby agree to  comply with all local rules relating to online conduct and that which is considered acceptable  Content. Uploading, posting and/or transferring of software, technology and other technical  data may be subject to the export and import laws of the United States and possibly other  countries. Through the use of our network, you thus agree to comply with all applicable export  and import laws, statutes and regulations, including, but not limited to, the Export  Administration Regulations (  http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the  sanctions control program of the United States (  http://www.treasury.gov/resource-center/  sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:  


a) are not on the list of prohibited individuals which may be identified on any government  export exclusion report (  http://www.bis.doc.gov/complianceandenforcement/  liststocheck.htm) nor a member of any other government which may be part of an  export-prohibited country identified in applicable export and import laws and  regulations; 


 b) agree not to transfer any software, technology or any other technical data through the  use of our network Services to any export-prohibited country;  


c) agree not to use our website network Services for any military, nuclear, missile,  chemical or biological weaponry end uses that would be a violation of the U.S. export  laws; and 


d) agree not to post, transfer nor upload any software, technology or any other technical  data which would be in violation of the U.S. or other applicable export and/or import  laws.  


CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES  

You Gift It shall not lay claim to ownership of any content submitted by any visitor or user,  nor make such content available for inclusion on our website Services. Therefore, you hereby  grant and allow for You Gift It the below listed worldwide, royalty-free and non-exclusive  licenses, as applicable:  


a) The content submitted or made available for inclusion on the publicly accessible areas  of You Gift It's sites, the license provided to permit to use, distribute, reproduce,  modify, adapt, publicly perform and/or publicly display said Content on our network  Services is for the sole purpose of providing and promoting the specific area to which  this content was placed and/or made available for viewing. This license shall be  available so long as you are a member of You Gift It's sites, and shall terminate at such  time when you elect to discontinue your membership.  


b) Photos, audio, video and/or graphics submitted or made available for inclusion on the  publicly accessible areas of You Gift It's sites, the license provided to permit to use,  distribute, reproduce, modify, adapt, publicly perform and/or publicly display said  Content on our network Services are for the sole purpose of providing and promoting  the specific area in which this content was placed and/or made available for viewing.  This license shall be available so long as you are a member of You Gift It's sites and  shall terminate at such time when you elect to discontinue your membership.  


c) For any other content submitted or made available for inclusion on the publicly  accessible areas of You Gift It's sites, the continuous, binding and completely sub licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,  publish, translate, publicly perform and/or publicly display said content, whether in  whole or in part, and the incorporation of any such Content into other works in any  arrangement or medium current used or later developed.  Those areas which may be deemed "publicly accessible" areas of You Gift It's sites are those  such areas of our network properties which are meant to be available to the general public, and  which would include message boards and groups that are openly available to users.  


CONTRIBUTIONS TO COMPANY WEBSITE 

You Gift It provides an area for our users to contribute feedback to our website. When you  submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you  acknowledge and agree that:  


a) your contributions do not contain any type of confidential or proprietary information;  


b) YGI shall not be liable or under any obligation to ensure or maintain confidentiality,  expressed or implied, related to any Contributions;  


c) YGI shall be entitled to make use of and/or disclose any such Contributions in any  such manner as they may see fit; 


d) the contributor's Contributions shall automatically become the sole property of YGI;  and  


e) YGI is under no obligation to either compensate or provide any form of reimbursement  in any manner or nature.  


INDEMNITY  

All users herein agree to insure and hold You Gift It, our subsidiaries, affiliates, agents,  employees, officers, partners and/or licensors blameless or not liable for any claim or demand,  which may include, but is not limited to, reasonable attorney fees made by any third party  which may arise from any content a user of our site may submit, post, modify, transmit or  otherwise make available through our Services, the use of YGI Services or your connection  with these Services, your violations of the Terms of Service and/or your violation of any such  rights of another person.  


COMMERCIAL REUSE OF SERVICES  

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any  commercial reason any part, use of, or access to YGI's sites.  


MODIFICATIONS  

You Gift It shall reserve the right at any time it may deem fit, to modify, alter and or  discontinue, whether temporarily or permanently, our service, or any part thereof, with or  without prior notice. In addition, we shall not be held liable to you or to any third party for any  such alteration, modification, suspension and/or discontinuance of our Services, or any part  thereof.  


ADVERTISERS 

Any correspondence or business dealings with, or the participation in any promotions of,  advertisers located on or through our Services, which may include the payment and/or delivery  of such related goods and/or Services, and any such other term, condition, warranty and/or  representation associated with such dealings, are and shall be solely between you and any such  advertiser. Moreover, you herein agree that You Gift It shall not be held responsible or liable  for any loss or damage of any nature or manner incurred as a direct result of any such dealings  or as a result of the presence of such advertisers on our website.  


LINKS  

Either You Gift It or any third parties may provide links to other websites and/or resources.  Thus, you acknowledge and agree that we are not responsible for the availability of any such  external sites or resources, and as such, we do not endorse nor are we responsible or liable for  any content, products, advertising or any other materials, on or available from such third party  sites or resources. Furthermore, you acknowledge and agree that You Gift It shall not be  responsible or liable, directly or indirectly, for any such damage or loss which may be a result  of, caused or allegedly to be caused by or in connection with the use of or the reliance on any  such content, goods or Services made available on or through any such site or resource.  


PROPRIETARY RIGHTS  

You do hereby acknowledge and agree that You Gift It's Services and any essential software  that may be used in connection with our Services ("Software") shall contain proprietary and  confidential material that is protected by applicable intellectual property rights and other laws.  Furthermore, you herein acknowledge and agree that any Content which may be contained in  any advertisements or information presented by and through our Services or by advertisers is  protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,  except for that which is expressly permitted by applicable law or as authorized by You Gift It  or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,  transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on  You Gift It Services (e.g. Content or Software), in whole or part.  


You Gift It herein has granted you personal, non-transferable and non-exclusive rights and/or  license to make use of the object code or our Software on a single computer, as long as you do  not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work  from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any  source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any  such right in the Software. Furthermore, you do herein agree not to alter or change the  Software in any manner, nature or form, and as such, not to use any modified versions of the  Software, including and without limitation, for the purpose of obtaining unauthorized access to  our Services. Lastly, you also agree not to access or attempt to access our Services through any  means other than through the interface which is provided by You Gift It for use in accessing  our Services. 


WARRANTY DISCLAIMERS  


YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:  


a) THE USE OF YOU GIFT IT SERVICES AND SOFTWARE ARE AT THE SOLE  RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON  AN "AS IS" AND/OR "AS AVAILABLE" BASIS. YOU GIFT IT AND OUR  SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS  AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF  ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT  LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  


b) YOU GIFT IT AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,  PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) YOU  GIFT IT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)  YOU GIFT IT SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,  TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY  BE OBTAINED FROM THE USE OF THE YOU GIFT IT SERVICES OR  SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY  PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH  MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR  SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH  ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.  


c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE  OBTAINED BY WAY OF YOU GIFT IT SERVICES OR SOFTWARE SHALL BE  ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH  YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND  ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE  TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/  OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM  THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.  


d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR  ORAL, THAT MAY BE OBTAINED BY YOU FROM YOU GIFT IT OR BY WAY  OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY  WARRANTY NOT EXPRESSLY STATED IN THE TOS.  


e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE  OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR  BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A  PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC  SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR  SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE  IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A  PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS  WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR  MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY  INVOLUNTARY MOVEMENT, OR CONVULSIONS.  


LIMITATION OF LIABILITY  


YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU GIFT IT  AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,  PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,  INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE  LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE  LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY  THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  

a) THE USE OR INABILITY TO USE OUR SERVICE;  


b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;  


c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR  TRANSMISSIONS AND/OR DATA;  


d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;  


e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.  


RELEASE  


In the event you have a dispute, you agree to release You Gift It (and its officers, directors,  employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third  parties) from claims, demands and damages (actual and consequential) of every kind and  nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out  of or in any way connected to such dispute.  


SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS 


Should you intend to create or to join any service, receive or request any such news, messages,  alerts or other information from our Services concerning companies, stock quotes, investments  or securities, please review the above Sections Warranty Disclaimers and Limitations of  Liability again. In addition, for this particular type of information, the phrase "Let the investor  beware" is appropriate. You Gift It's content is provided primarily for informational purposes,  and no content that shall be provided or included in our Services is intended for trading or  investing purposes. You Gift It and our licensors shall not be responsible or liable for the  accuracy, usefulness or availability of any information transmitted and/or made available by  way of our Services, and shall not be responsible or liable for any trading and/or investment  decisions based on any such information.  


EXCLUSION AND LIMITATIONS  


THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF  CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR  INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE  ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION  OF LIABILITY MAY NOT APPLY TO YOU. 


THIRD PARTY BENEFICIARIES  


You herein acknowledge, understand and agree, unless otherwise expressly provided in this  TOS, that there shall be no third-party beneficiaries to this agreement.  


NOTICE  


You Gift It may furnish you with notices, including those with regards to any changes to the  TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings  on our website Services, or other reasonable means currently known or any which may be  herein after developed. Any such notices may not be received if you violate any aspects of the  TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS  constitutes your agreement that you are deemed to have received any and all notices that  would have been delivered had you accessed our Services in an authorized manner.  


TRADEMARK INFORMATION  


You herein acknowledge, understand and agree that all of the You Gift It trademarks,  copyright, trade name, service marks, and other You Gift It logos and any brand features, and/  or product and service names are trademarks and as such, are and shall remain the property of  You Gift It. You herein agree not to display and/or use in any manner the You Gift It logo or  marks without obtaining You Gift It's prior written consent. 


COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS  NOTICE  & PROCEDURES  


You Gift It will always respect the intellectual property of others, and we ask that all of our  users do the same. With regards to appropriate circumstances and at its sole discretion, You  Gift It may disable and/or terminate the accounts of any user who violates our TOS and/or  infringes the rights of others. If you feel that your work has been duplicated in such a way that  would constitute copyright infringement, or if you believe your intellectual property rights  have been otherwise violated, you should provide to us the following information:  


a) The electronic or the physical signature of the individual that is authorized on behalf of  the owner of the copyright or other intellectual property interest;  


b) A description of the copyrighted work or other intellectual property that you believe  has been infringed upon;  


c) A description of the location of the site which you allege has been infringing upon your  work; 

 

d) Your physical address, telephone number, and email address;

  

e) A statement, in which you state that the alleged and disputed use of your work is not  authorized by the copyright owner, its agents or the law;  


f) And finally, a statement, made under penalty of perjury, that the aforementioned  information in your notice is truthful and accurate, and that you are the copyright or  intellectual property owner, representative or agent authorized to act on the copyright  or intellectual property owner's behalf.  


The You Gift It Agent for notice of claims of copyright or other intellectual property  infringement can be contacted as follows:  You Gift It  Attn: Copyright Agent  , Georgia  :  Email:  customerservice@yougiftit.shop  


CLOSED CAPTIONING 


BE IT KNOWN, that You Gift It complies with all applicable Federal Communications  Commission rules and regulations regarding the closed captioning of video content. For more  information, please visit our website at www.yougiftit.shop.  


GENERAL INFORMATION  


ENTIRE AGREEMENT  


This TOS constitutes the entire agreement between you and You Gift It and shall govern the  use of our Services, superseding any prior version of this TOS between you and us with  respect to You Gift It Services. You may also be subject to additional terms and conditions that  may apply when you use or purchase certain other You Gift It Services, affiliate Services,  third-party content or third-party software.  


CHOICE OF LAW AND FORUM  


It is at the mutual agreement of both you and You Gift It with regard to the TOS that the  relationship between the parties shall be governed by the laws of the state of Georgia without  regard to its conflict of law provisions and that any and all claims, causes of action and/or  disputes, arising out of or relating to the TOS, or the relationship between you and You Gift It,  shall be filed within the courts having jurisdiction within the County of Cobb, Georgia or the  U.S. District Court located in said state. You and You Gift It agree to submit to the jurisdiction  of the courts as previously mentioned, and agree to waive any and all objections to the  exercise of jurisdiction over the parties by such courts and to venue in such courts.  


WAIVER AND SEVERABILITY OF TERMS  


At any time, should You Gift It fail to exercise or enforce any right or provision of the TOS,  such failure shall not constitute a waiver of such right or provision. If any provision of this  TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree  that the court should endeavor to give effect to the parties' intentions as reflected in the  provision, and the other provisions of the TOS remain in full force and effect.  


STATUTE OF LIMITATIONS  


You acknowledge, understand and agree that regardless of any statute or law to the contrary,  any claim or action arising out of or related to the use of our Services or the TOS must be filed  within year(s) after said claim or cause of action arose or shall be forever barred.  


VIOLATIONS  


Please report any and all violations of this TOS to You Gift It as follows:  You Gift It  , Georgia  Email:  customerservice@yougiftit.shop

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