Terms and Conditions
By accessing any areas of this web site or by ordering any service or product, User agrees with Inspired Gifts LLC ("Inspired Gifts") that User is bound by the terms set forth below. The terms of this Agreement include terms on use of this web site, terms on the purchase of services and products, and terms regarding copyright and trademark matters.
1. Copyright and Trademark
This web site contains text, data, software, images, graphics, and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights. All Content is protected by copyright under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part except to the extent that such Content is expressly made available to the user for the purpose of creating products that are purchased by the user. Any other use of materials on this site, including reproduction for purposes other than permitted above, downloading, modification or distribution, is prohibited without prior written permission.
2. Digital Millennium Copyright Act (Claims of Copyright Infringement)
Inspired Gifts respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Inspired Gifts' policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.
If you believe your work has been copied and is accessible on this site in a way that may constitute copyright infringement, please provide notice to Inspired Gifts' Designated Agent. The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512( c )(3):
- 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 the complaining party, such as address, cell phone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
By Mail:
Rebecca DiPersia
P.O. Box 291751
Port Orange, FL 32129
By Fax: (888) 831-0465
By e-mail: becca@inspiredgifts.com
Counter Notification to Claimed Copyright Infringement
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with Inspired Gifts Designated Agent. The counter notification must provide the following information:
- Physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- The subscribers name, address, cell phone number and text message address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Inspired Gifts will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe that an user is a repeat infringer, please provide information sufficient for us to verify that such person is a repeat infringer.
3. Third Party Content
Inspired Gifts provides the service of producing products that incorporate Content supplied by third parties and users. Inspired Gifts is not responsible for any opinions, advice, statements, services or other information that constitute Content and is provided by such persons. Inspired Gifts does not guarantee the accuracy, completeness or usefulness of that Content. The User is responsible for evaluating such Content.
4. Conduct
User agrees not to use the services provided by Inspired Gifts to create products that in any manner:
- constitute torts that violate the rights of individuals such as defamation, intrusion on privacy, right to publicity, or depiction in a false light;
- violate civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities; and
- depict a person in a way that a reasonable person would objectively find to be highly offensive, including but not limited to usages associated with sexual activity, sexual products, or intoxicating, addictive, or pharmacological products.
- are threatening, abusive, harassing, vulgar, obscene, sexually explicit, racially demeaning, ethnically demeaning, or otherwise offensive and objectionable.
User agrees that use of Content provided by Inspired Gifts is at User's sole risk. Inspired Gifts does not warrant or guarantee that the images it makes available on its web site are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible to ensure that the creation of a product incorporating Content obtained from Inspired Gifts does not violate any rights with respect to privacy, defamation, or publicity.
User agrees not engage in any conduct that in Inspired Gifts' sole discretion restricts or inhibits any other person from using or enjoying this Web site. User will use this web site only for lawful purposes.
5. No Warranties; Limitation of Liability
Neither Inspired Gifts nor any of its members, officers, or employees, agents, third-party content providers, vendors, licensors, or the like, warrant that the services provided through the web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this web site, or as to the accuracy, reliability, or currency of any information content, service, or products provided through this web site. Inspired Gifts is providing this web site and its content on an "as is" basis and makes no representations or warranties of any kind with respect to this web site or its content.
Except as otherwise specifically stated on this web site, neither Inspired Gifts nor any of its affiliates, nor the members, officers, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this Web site, including mistakes, omissions, interruptions, deletion of files or text message, errors, defects, viruses, or delays in operation or transmission. Neither Inspired Gifts nor any of its affiliates, directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of services or products obtained through this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
6. Security Policy
Inspired Gifts will use reasonable precautions to protect the privacy of credit card and other ordering information.
7. Privacy Policy
Inspired Gifts does not rent, sell, or share personal information about users with other people or nonaffiliated companies except to provide products or services that a user has requested and when it has the consent of the user, except under the following circumstances:
- when required by law;
- when disclosure is necessary to protect the safety of Inspired Gifts or another person; or
- if it is required in connection with any sale or transfer of all or a portion of Inspired Gifts' assets.
Inspired Gifts may use "cookies" to collect anonymous information. Cookies are bits of encrypted data that are loaded by the server onto a user's computer when the user visits the web site. The server can retrieve the cookies the next time the user visits the web site and use them to identify the computer as a return visitor. Inspired Gifts will only use cookies to collect nonpersonally-identifiable information and generically track usage patterns in order to monitor activity and administer the web site. Most users can disable cookies from their Internet browsers, receive a warning before a cookie is placed on their computer, and erase all cookies from their computer hard drives by following the instructions provided by the browser.
Inspired Gifts may use e-mail to communicate with User, respond to User's e-mail, and to inform User about new products and services. If User does not wish to receive e-mail promotions and new products and service announcements from Inspired Gifts, please follow the instructions that appear at the end of the e-mail communication that you receive from Inspired Gifts to have the User's name removed from the list.
In the event that Inspired Gifts' web site contains links to other web sites that are owned and operated by parties other than Inspired Gifts, please be aware that these privacy provisions do not extend to such web sites.
8. Purchases
User agrees to make a purchase when user clicks on the "submit" or similar button on the order screens. The terms of purchase include the information included on the various order screens, as well as these terms and conditions.
INSPIRED GIFTS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INSPIRED GIFTS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Inspired Gifts does not process orders to foreign shipping or billing addresses. Inspired Gifts tries to give product availability information on the web site, but sometimes products are unexpectedly unavailable. In addition, Inspired Gifts updates and improves its products and services on a continuous basis. Inspired Gifts will make reasonable efforts to inform User if any products that you ordered turn out to be unavailable. After User places an order with Inspired Gifts, User should receive an e-mail message acknowledgment within one business day to confirm that Inspired Gifts has accepted the order and is processing it. The message will contain the details of the order, the itemized and total amounts that will be billed to user's credit card, including all applicable taxes and charges. A receipt will also be included with your purchase. User must keep the receipt as it will be required if any warranty service is required.
Inspired Gifts will charge User's credit card immediately after it receives the order and performs the credit check. If User's credit card is rejected when Inspired Gifts charges it, Inspired Gifts is not obligated to manufacture or ship any products.
All prices are stated and payable in US dollars. The prices for products and services quoted on this Web site do not include shipping, handling or taxes. Inspired Gifts charges all applicable taxes on products and Services.
9. Termination
Inspired Gifts may terminate user's access to all or part of this Web site without notice, for any conduct that Inspired Gifts, in its sole discretion, believes to be harmful to other persons, Inspired Gifts, or any of its affiliates. Inspired Gifts may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Inspired Gifts. If you wish to terminate your account, your only recourse is to discontinue the use of the services.
10. Change in Web Site or in User Agreement
This web site is subject to change without prior notice and your use of this site after a change means that you have agreed to that change. Inspired Gifts may modify this Agreement at any time by posting the revised agreement on the web site. Any revised Agreement is effective upon the user accessing this web site.
11. Monitoring and Retention of Content.
Inspired Gifts has no obligation to monitor any User's use of the web site or the content provided or created by any User. However, Inspired Gifts reserves the right at all times to monitor, review, retain, discard, or disclose any information as necessary to satisfy any applicable legal requirement or to address any potential violation of a legal right or a violation of this Agreement. Inspired Gifts shall have no obligation to maintain any content in your account. User is responsible for maintaining a back-up copy of any personal content that User provides to Inspired Gifts.
12. Indemnification.
User agrees to indemnify and hold Inspired Gifts, its members, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of User's conduct.
13. Venue.
In the event that a dispute between the parties must be resolved by a court, the parties hereby agree to submit any such dispute to the exclusive jurisdiction and venue of the federal courts located in Orlando or the state courts located in Volusia County, both within the State of Florida
14. General.
User agrees that no joint venture, partnership, employment, or agency relationship exists between User and Inspired Gifts as a result of this Agreement. Inspired Gifts's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Inspired Gifts's right and obligation to comply with governmental, court, and law enforcement requests or requirements. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the User and Inspired Gifts and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Inspired Gifts. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and Inspired Gifts agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles are solely used for the convenience of the parties and have no legal or contractual significance.
All users agree to these Terms and Conditions when signing up.