Term Of Service
OVERVIEW
Welcome to Carnivalsgifts. The terms “we,” “us,” and “our”
refer to Carnivalgift. By accessing or using our website, including all
information, tools, and services available from this site, you agree to comply
with and be bound by the following terms and conditions (“Terms of Service,”
“Terms”). This includes any additional terms and policies referenced herein or
available by hyperlink. These Terms of Service apply to all users of the site,
including but not limited to browsers, vendors, customers, merchants, and
contributors of content.
Please review these Terms of Service carefully. By accessing
or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions, you may not access the
website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms. Any new features or tools added
to our current offerings will also be subject to these Terms of Service. You
can review the most current version of these Terms of Service at any time on
this page. We reserve the right to update, change, or replace any part of these
Terms of Service by posting updates to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Shopify Inc., which provides us with
the online e-commerce platform that allows us to sell our products and services
to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province and you have given
us your consent to allow any of your minor dependents to use this site. You may
not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws). You must not transmit any worms, viruses, or
any code of a destructive nature. A breach or violation of any of the Terms
will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time. You understand that your content (excluding credit card
information) may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks. You agree not to reproduce,
duplicate, copy, sell, resell, or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which
the service is provided, without our express written permission. The headings
used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this
site is not accurate, complete, or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
complete, or timely sources of information. Any reliance on the material on
this site is at your own risk. This site may contain certain historical
information, which is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice. We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice. We shall not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively
online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return
Policy. We have made every effort to display the colors and images of our
products as accurately as possible. However, we cannot guarantee that your
computer monitor's display of any color will be accurate. We reserve the right,
but are not obligated, to limit the sales of our products or services to any
person, geographic region, or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at our sole
discretion. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where prohibited. We
do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors. You agree
to provide current, complete, and accurate purchase and account information for
all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input. You acknowledge and
agree that we provide access to such tools “as is” and “as available” without
any warranties, representations, or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools. Any use by you of optional tools
offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s). We may also, in the
future, offer new services and/or features through the website (including the
release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our
Service may include materials from third parties. Third-party links on this
site may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third parties. We are not liable for any harm or damages related to
the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions
(e.g., contest entries) or, without a request from us, you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate, and
otherwise use in any medium any comments that you forward to us. We are under
no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments. We may, but
have no obligation to, monitor, edit, or remove content that we determine in
our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene, or otherwise objectionable or that violates
any party’s intellectual property or these Terms of Service. You agree that
your comments will not violate any right of any third party, including
copyright, trademark, privacy, personality, or other personal or proprietary
right. You further agree that your comments will not contain libelous or
otherwise unlawful, abusive, or obscene material or any computer virus or other
malware that could in any way affect the operation of the Service or any related
website. You may not use a false email address, pretend to be someone other
than yourself, or otherwise mislead us or third parties as to the origin of any
comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times, and availability. We reserve the right to correct any
errors, inaccuracies, or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend, or clarify
information in the Service or on any related website, including without
limitation pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial, or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may affect the functionality or operation of the Service or
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent, or warrant that your use of
our service will be uninterrupted, timely, secure, or error-free. We do not
warrant that the results that may be obtained from the use of the service will
be accurate or reliable. You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time,
without notice to you. You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and all products and
services delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement. In no case shall Carnivalgift, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers, or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability, or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Carnivalgift
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
interns, and employees from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to
be unlawful, void, or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service. Such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement
for all purposes. These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or when you
cease using our site. If, in our sole judgment, you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of
Service, we may also terminate this agreement at any time without notice, and
you will remain liable for all amounts due up to and including the date of
termination; and/or we may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision. These Terms of Service and any policies or operating rules posted
by us on this site or in respect to the Service constitute the entire agreement
and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications, and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time on this page. We reserve the right, at our sole discretion,
to update, change, or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
Feel free to modify or adjust the text further
to better fit the specific needs and branding of Carnivalsgifts