Conditions of Use

By using the Seventh Street Gifts™ web site and/or other services, you agree to the following terms and conditions (the "Terms & Conditions"). We will make the most current version of these Terms & Conditions available on this page. Additionally, you shall be subject to any posted guidelines applicable to any other Seventh Street Gifts™ services. If you do not agree to these Terms & Conditions please do not use the site and do not register to be a member of Seventh Street Gifts™. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check these terms periodically for changes. Your continued use of the Seventh Street Gifts™ Service following the posting of changes to these terms will mean you accept those changes.

Seventh Street Gifts™ Overview

SeventhStreetGifts.com is the online presence for Seventh Street Gifts™. The online shop is powered by Zen Cart™, an Open Source Shopping Cart program. These Terms & Conditions apply to Seventh Street Gifts™ service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms & Conditions and Restrictions on Use of Materials

By accessing the Seventh Street Gifts™ web site you agree to be legally bound and to abide by the Terms & Conditions, just as if you had signed this Agreement. If you do not comply with the Terms & Conditions at any time, Seventh Street Gifts™ reserves the right to limit your access to the Seventh Street Gifts™ website. Seventh Street Gifts™ may discontinue or alter any aspect of the Seventh Street Gifts™ web site, including, but not limited to, (a) restricting the time the Seventh Street Gifts™ web site is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Seventh Street Gifts™ web site, at our sole discretion and without prior notice or liability.

In order to permit Seventh Street Gifts™ to protect the quality of its products and services, you hereby consent to Seventh Street Gifts™ staff and volunteers being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the Seventh Street Gifts™ web site may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Seventh Street Gifts™ owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

Seventh Street Gifts™ Privacy Policy

Seventh Street Gifts™ collects, stores and uses data collected from you in accordance with our Privacy Policy.

Community Standards and Conduct

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Seventh Street Gifts™ web site. Under no circumstances will Seventh Street Gifts™ be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Seventh Street Gifts™ web site.

You agree to not use the Seventh Street Gifts™ web site to:

• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Seventh Street Gifts™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Seventh Street Gifts™ Service or servers or networks connected to the Seventh Street Gifts™ Service, or disobey any requirements, procedures, policies or regulations of networks connected to Seventh Street Gifts™;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk" or otherwise harass another member or user of Seventh Street Gifts™; or
• collect or store personal data about other users or members.

Links

Seventh Street Gifts™ may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Seventh Street Gifts™ has no control over such sites and resources, you acknowledge and agree that Seventh Street Gifts™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Seventh Street Gifts™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

DISCLAIMER

Seventh Street Gifts™ uses diligent efforts to maintain the Seventh Street Gifts™ web site, but Seventh Street Gifts™ is not responsible for any defects or failures associated with the Seventh Street Gifts™ web site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Seventh Street Gifts™ makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Seventh Street Gifts™, including as to the accuracy, content, or quality of any such sites and information.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE SEVENTH STREET GIFTS™ WEB SITE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. SEVENTH STREET GIFTS™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, SEVENTH STREET GIFTS™ MAKES NO WARRANTY THAT THE SEVENTH STREET GIFTS™ WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SEVENTH STREET GIFTS™ WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SEVENTH STREET GIFTS™ WEB SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SEVENTH STREET GIFTS™ SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SEVENTH STREET GIFTS™ WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEVENTH STREET GIFTS™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEVENTH STREET GIFTS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SEVENTH STREET GIFTS™ WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SEVENTH STREET GIFTS™ WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SEVENTH STREET GIFTS™ WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE SEVENTH STREET GIFTS™ WEB SITE. IN NO EVENT SHALL SEVENTH STREET GIFTS™' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SEVENTH STREET GIFTS™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, VOLUNTEERS, STAFF AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SEVENTH STREET GIFTS™ WEB SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SEVENTH STREET GIFTS™ OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification

You agree that Seventh Street Gifts™, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Seventh Street Gifts™ web site, and remove and discard any Content within the Seventh Street Gifts™ web site, for any or no reason. Seventh Street Gifts™ may also in its sole discretion and at any time discontinue providing the Seventh Street Gifts™ web site, or any part thereof, with or without notice. You agree that any termination of your access to the Seventh Street Gifts™ web site under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that Seventh Street Gifts™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Seventh Street Gifts™ web site. Further, you agree that Seventh Street Gifts™ shall not be liable to you or any third-party for any termination of your access to the Seventh Street Gifts™ web site.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SEVENTH STREET GIFTS™ website, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF SEVENTH STREET GIFTS™, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF WASHINGTON (OR THE APPRPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

COPYRIGHT AND COPYRIGHT NOTICES

Seventh Street Gifts™ respects the intellectual property of others, and we ask our users to do the same. Seventh Street Gifts™ may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Seventh Street Gifts™ the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.