TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE
None of the information or materials contained on this site should be construed as providing any type of investment or other advice to you, nor should you consider it as a solicitation, recommendation, endorsement or offer to you to purchase or sell any financial security or other financial instrument.
From time to time, our website may contain links to other websites that are not controlled and/or maintained by Gifted and Present. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, Gifted and Present shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Gifted and Present is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale or advertised on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations. Moreover, such other sites may have privacy policies or terms and conditions of use that differ from those of Gifted and Present and/or may provide their users with less security than the Gifted and Present site.
Use of Materials
All material on this site, including but not limited to images, logos, trademarks and the overall “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by Gifted and Present, or used with permission of the owner(s) of such Material.
Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this site or of any of the Material, in whole or part, without the express permission of Gifted and Present, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. Any unauthorized use of this site and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.
User Submitted Content
Gifted and Present has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this site, in addition to all other rights it has under this Agreement, at law or in equity, Gifted and Present reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; (ii) revoke any user’s right to use this site.
Any User Content sought to be posted at the site must conform, in the sole and exclusive opinion of Gifted and Present, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (iv) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (v) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (vi) be only for non-commercial purposes.
User Content License
Copyright Infringement Policy
Gifted and Present values intellectual property and respects the intellectual property rights of others, and will remove materials on its site that infringe the valid copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, § 512, you may notify Gifted and Present’s in writing as follows:
Chief Compliance Officer
Address: Gifted and Present
47 Strong Place
Brooklyn, NY 11231
Telephone number: 347-335-0235
Electronic Mail Address: firstname.lastname@example.org
In your notice, you must include the following: (i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; (ii) identification of the copyrighted work(s) that is (are) allegedly being infringed; (iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials; (iv) contact information (i.e., name, address, email address) sufficient to enable Gifted and Present to contact you; (v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and (vi) 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 the exclusive right that is allegedly being infringed.
Limitation of Liability and Use Disclaimer
Gifted and Present is not responsible for any damages or loss related to the use of this site.
THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. GIFTED AND PRESENT RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. GIFTED AND PRESENT SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Gifted and Present’s liability is limited to the greatest extent allowable under applicable law.
Transmitting and Downloading
Gifted and Present is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
Gifted and Present does not warrant or represent that the site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
Changes in Policy
Effective Date: September 21, 2016
Acquisition of Business
In the event that Gifted and Present is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that we out of business or enter bankruptcy, you hereby acknowledge and agree that this site and all of Gifted and Present’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Gifted and Present will post a notice to such effect on this website and/or by any other media or contact method as may be required by applicable laws and regulations.
Gifted and Present, LLC
47 Strong Place
Brooklyn, NY 11231
Assignment and Third Party Rights
Use of this Site
This website is operated by, or on behalf of, Gifted and Present in the United States. To the extent that access, distribution and/or use of this site would be deemed illegal by governing law, such access, distribution and/or use is prohibited.
Copyright © 2016 Gifted and Present, LLC. All rights reserved.