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TERMS & CONDITIONS

TERMS AND CONDITIONS OF USE

Gifted and Present, LLC (“we”, “our” or “Gifted and Present”) is pleased that you have elected to visit our website.  Please read these Terms and Conditions of Use (these “Terms of Use”) carefully.   Access, distribution and/or use of to this site is subject to all applicable laws and regulations.  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.  By visiting any area on this site, you are deemed to have accepted these Terms of Use.  If you do not agree to abide by these Terms of Use, please do not use this site. 

Disclaimer 

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.

Links

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

On certain sections of this site, you may be permitted to post comments, information, creative works or other materials (“User Content”).  You acknowledge and agree that you are solely responsible for any User Content that you post.  You further acknowledge and agree that Gifted and Present has no responsibility for, or ownership of, any User Content posted at this site and will not be liable for any User Content that is in violation of these Terms of Use.  With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, Gifted and Present and all other users of this site a world-wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content as contemplated by the site; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this site; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated by this site; (iv) you will be responsible for all User Content submitted through your account, and for all purposes under Terms of Use, all submissions from your account shall be deemed to have been submitted by you.

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   

After posting your User Content on or through the website, you will continue to retain all ownership rights in such User Content except as specifically set forth herein.  However, by posting any User Content on or through the website, you hereby agree to abide by the Terms and Conditions of the website and grant to Gifted and Present a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part, in connection with: (i) the website (and those of their approved partners); and (ii) Gifted and Present’s (and its successors’, assignees’, parents’, subsidiaries’, affiliates’, distributors’ and licensees’) businesses and the redistribution of part or all of the website; in any media formats and through any media channels now known or hereafter developed (collectively, the “Services”).  You also hereby grant each visitor to the website a non-exclusive license to access your User Content through the website, and to use, reproduce, distribute, display and perform such User Content as permitted by these Terms of Use.  Further, you understand and agree that Gifted and Present may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed.  You understand that Gifted and Present performs technical functions necessary to offer the website, including but not limited to transcoding and/or reformatting content to allow its use through the website.

Indemnity

You agree to indemnify, defend and hold harmless Gifted and Present and its officers, directors, managers, members, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the site; (ii) your violation of these Terms of Use; and/or (iii) any User Content submitted by you to the site.  You agree that your representations and warranties, and obligation to indemnify Gifted and Present shall survive beyond any term that these Terms of Use are in effect.

Privacy

Please see Gifted and Present’s Privacy Policy for information concerning the collection and use of personal information from this site.

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: hello@giftedandpresent.com

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.

Additional Terms

Certain pages or sections of this site may contain terms and conditions of use which are in addition to these Terms of Use.   In the event that there is a conflict between such additional terms and conditions of use and these Terms of Use, the additional terms and conditions of use will govern with respect to the specific pages or sections to which they apply.

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

From time to time, the policies set forth in these Terms of Use may change.   We will post changes to the Terms of Use at this site.   Please review these Terms of Use often so that you will remain abreast of our current policies.

Effective Date: September 21, 2016
These Terms of Use were last updated on 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.

Contact Us

If you have any questions concerning our website or any of the policies set forth in these Terms of Use, please contact us at:

Gifted and Present, LLC
47 Strong Place
Brooklyn, NY 11231

Governing Law

Use of this site and these Terms of Use shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.  Any dispute concerning your use of this site shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association.  To the fullest extent permitted by law, no arbitration brought pursuant to these Terms of Use shall be joined to any other arbitration initiated pursuant to these Terms of Use. 

Notwithstanding anything to the contrary set forth in these Terms of Use, Gifted and Present may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that Simple Life Istanbul believes that you have violated or threatened to violate any of Gifted and Present’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts. 

If any portion of these Terms of Use are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms of Use.  No waiver by Gifted and Present of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or of any other term, and Gifted and Present’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Assignment and Third Party Rights

You are not permitted to assign or sub-contract your rights under these Terms of Use or under the related Privacy Policy to any other person.  We may assign or sub-contract our rights under the same.

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.