Buy-U-Gifts Terms and Conditions of Use

We may update the Terms Of Service from time to time.

ACCEPTANCE
By using the Buy-U-Gifts websites and services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Buy-U-Gifts web sites, product or service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

CONDITIONS AND RESTRICTIONS ON USE
Use of the Buy-U-Gifts websites and services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Buy-U-Gifts may terminate your access to the Buy-U-Gifts web sites or to any of the products and services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Buy-U-Gifts. Any such termination shall be in our sole discretion and may occur without prior notice, or any notice. Buy-U-Gifts further reserves the right to terminate any user's access to the Buy-U-Gifts web sites or to any of the products and services for any conduct that Buy-U-Gifts, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Buy-U-Gifts or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Buy-U-Gifts further reserves the right to terminate any user's access to the Buy-U-Gifts web sites or to any of the Products and Services for any reason or for no reason at all, in Buy-U-Gifts' sole discretion, without prior notice, or any notice.

In order to use the products and services, users must have access to the World Wide Web and must navigate the Internet to http://buyugifts.com or another of the URLs associated with the Buy-U-Gifts. Be aware that the majority of the Buy-U-Gifts Network is for general audiences. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the Buy-U-Gifts Network not open to persons under 18 years of age. With respect to general audience content, if Buy-U-Gifts learns that anyone under the age of 13 has accessed the Products and Services, Buy-U-Gifts will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Buy-U-Gifts Network, however, may not be available to children under 13 under any circumstances.

Buy-U-Gifts does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

Content Linked to by Buy-U-Gifts

The sites displayed as search results or linked to by Buy-U-Gifts services are developed by people over whom Buy-U-Gifts exercises no control. The search results that appear from Buy-U-Gifts' directories are indexed by Buy-U-Gifts' automated servers and computers, and Buy-U-Gifts cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Buy-U-Gifts services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Buy-U-Gifts search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Buy-U-Gifts services.

Linking To Buy-U-Gifts and Buy-U-Gifts Owned Sites

Buy-U-Gifts offers a non-assignable, non-transferable, and non-exclusive license to link to the Buy-U-Gifts and Buy-U-Gifts' network web sites, using the approved Buy-U-Gifts logos and search boxes and online tools, subject to the following provisions. The Buy-U-Gifts logos may be placed on a Web site for the sole purpose of creating a link to Buy-U-Gifts and allowing users of your site to access the products and services on the Buy-U-Gifts web site(s). The Buy-U-Gifts logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Buy-U-Gifts. The Buy-U-Gifts logos may only be used in the exact size, shape, colors, design, and configuration as originally provided. The Buy-U-Gifts logos may not be altered in any manner. The Buy-U-Gifts logos must appear by themselves, with reasonable spacing (at least the height of the logos) between each side of the applicable logos or search box and other graphic or textual elements. The Buy-U-Gifts logos may not be used to disparage Buy-U-Gifts, its products or services, or in a manner which, in Buy-U-Gifts' reasonable judgment, may diminish or otherwise damage Buy-U-Gifts' good will in the Buy-U-Gifts logos. By using any such Buy-U-Gifts logos or search box, you acknowledge that Buy-U-Gifts has exclusive rights to the logos or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of Buy-U-Gifts. If you use the Buy-U-Gifts logos, you must include appropriate attribution, for example: "Buy-U-Gifts is the copyright of Buy-U-Gifts." Buy-U-Gifts reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Buy-U-Gifts reserves the right to take action against any use that does not conform to these provisions.

Use Of Product Images & Descriptions For Our Resellers

All paragraphed product descriptions, components and colors descriptions throughout our website are copyrighted by our individual vendors and approved for your use.

All other images, logos, buttons or any part of our webstore layout are not to be reproduced in any way without our permission.

Personal Use Only

You may not use Buy-U-Gifts or Buy-U-Gifts services in any Commercial properties or applications, including web sites, intranets, extranets and software ("Commercial Use). Commercial Use includes use on all properties and applications except those designed and maintained for:

personal use ("personal websites"), i.e. non-business web sites, hobby sites
educational use ("accredited educational institutions")
non-for-profit ("accredited non-profit organizations")
government use ("Recognized National, State and Local Governmental Entities)
developer use ("open source software"), provided it is not being resold or used within a commercial framework

You may not take the results from a Buy-U-Gifts search and reformat and display them, or mirror the Buy-U-Gifts home page or results pages on your Web site, or send automated queries to Buy-U-Gifts' system without express permission from Buy-U-Gifts.

If you want to make commercial use of the Buy-U-Gifts services you must enter into an agreement with Buy-U-Gifts to do so. Please contact admin@buyugifts.us for more information.

Users who use Buy-U-Gifts' services, network, servers or resources for unauthorized commercial use without an agreement incur service and usage fees, collections costs, and any and all attorney and court costs incurred for the recovery of amounts owed to Buy-U-Gifts.

Privacy Policy

Buy-U-Gifts will not disclose any personally identifying information to third-parties unless you expressly authorize it, or as required by and in compliance with the law. You may view a complete statement of our privacy policy at Privacy Notice

Users alone are responsible for maintaining the confidentiality and security of and account number and/or password for your accounts. You are personally liable and responsible for the use of your account, whether or not actually or expressly authorized by you.

In order to ensure that Buy-U-Gifts is able to provide high quality services you must consent to Buy-U-Gifts employees and/or authorized affiliates having access to your account and records.

Changes In Terms and Conditions and Buy-U-Gifts Search Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Network Abuse / Unsolicited Commercial Email

Buy-U-Gifts does not tolerate the abuse of it\'s servers, network or services. Without limitation users may not use Buy-U-Gifts' resources, products, servers or network for commercial use without written authorization

Users who intentionally violate our Network Abuse / Unsolicited Commercial Email policy are subject to substantial fees for service, actual and punitive damages, collections costs, and any and all attorney and court costs incurred as a result.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity.

Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Buy-U-Gifts designated agent for notice of alleged copyright infringement appearing on our Site. Direct any notices of infringement to:

Buy-U-Gifts
9804 Harold Landry Road
New Iberia, LA 70563
Email address: admin@buyugifts.us

To file a notice of infringement with us, one needs to completely fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.

Disclaimer of Warranties

Buy-U-Gifts disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Buy-U-Gifts services results. Buy-U-Gifts disclaims any responsibility for the deletion, failure to store, non-delivery, or untimely delivery of any information or material. Buy-U-Gifts disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Buy-U-Gifts services.

THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Buy-U-Gifts EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Buy-U-Gifts DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF Buy-U-Gifts SERVICES. Buy-U-Gifts DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Buy-U-Gifts SERVICES. Buy-U-Gifts DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON Buy-U-Gifts OR RECEIVED THROUGH ANY LINKS PROVIDED BY Buy-U-Gifts, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN Buy-U-Gifts.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Buy-U-Gifts AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Buy-U-Gifts BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER\'S USE OR MISUSE OF OR RELIANCE ON Buy-U-Gifts. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Buy-U-Gifts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Buy-U-Gifts, FROM INABILITY TO USE THE Buy-U-Gifts SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Buy-U-Gifts SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ALL HEADLINE NEWS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN Buy-U-Gifts SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON Buy-U-Gifts OR RECEIVED THROUGH ANY LINKS PROVIDED IN Buy-U-Gifts. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF Buy-U-Gifts OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Buy-U-Gifts. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Buy-U-Gifts be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Requests for Removal of Links or Cached Materials

Buy-U-Gifts occasionally receives requests from people to remove links from its directory. Although Buy-U-Gifts reserves the right to address such requests individually, the general approach that Buy-U-Gifts takes reflects the following principles:

Buy-U-Gifts' directory consists of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Buy-U-Gifts cannot and does not screen anything made available through its indices. For each web site reflected in Buy-U-Gifts' indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Buy-U-Gifts would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Buy-U-Gifts.

Governing Law and Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.