5000 Gifts

Terms of Use

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and 5000 Gifts, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.5000gifts.com website, which provides services related to artisan goods, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website” or “Services”).  We may post changes to this Agreement at any time, and any such changes will be applicable to all subsequent access to or use of our Website and Services.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by the Company.  The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our Website and while using our Services.

Our Website and Services are intended for general audiences 18 years of age and older.  All who are minors in the jurisdiction which they reside (generally under the age of 18) are not permitted to register for the Website or use our Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO ACCESS AND USE OUR WEBSITE AND SERVICES.  IF YOU DO NOT ACCEPT AND AGREE TO ALL PROVISIONS OF THIS AGREEMENT, NOW OR IN THE FUTURE, YOU MAY REJECT THIS AGREEMENT BY IMMEDIATELY TERMINATING ALL ACCESS AND USE OF OUR WEBSITE AND SERVICES, IN WHICH CASE ANY CONTINUING ACCESS OR USE OF OUR WEBSITE OR SERVICES IS UNAUTHORIZED.

ACCOUNT AND REGISTRATION

By using our Website and Services, you represent and warrant that:

  1. All registration information you submit is truthful and accurate. It is expressly prohibited to use false information or impersonate another person or company through your account with us.  Any false account or account with misleading information will be immediately removed from our Website.
  2. You will maintain the accuracy of such information.
  3. You are not a minor in the jurisdiction in which you reside, or if a minor, you may only use our Services under the supervision of a parent or legal guardian.
  4. Your use of our Services does not violate any applicable law or regulation.
  5. You are solely responsible for your account and any activity on your account. If you are registered as a business entity, you personally guarantee that you have the authority to accept the Agreement on behalf of the business.
  6. The purchase and sale of accounts and the creation of accounts for others is expressly prohibited.
  7. You will keep your password secure and confidential and will be responsible for all use of your password and account.
  8. This Agreement does not constitute or create any agency, partnership, joint venture, employment or franchise relationship between you and our Company.

You also agree to:  (a) provide true, accurate, current and complete information about yourself as prompted by our registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

We reserve the right to assign a username.  The username we select for your account is the permanent username and you will not have the ability to change the username.

CONTENT AND POSTINGS

We do not control, are not responsible for and make no representations or warranties with respect to any user content.  You understand that you are solely responsible for any content that you post or transmit and for all content posted or transmitted through or by use of your account.

  1. You represent that you have all necessary rights to your content and that you are not infringing or violating any third party’s rights by posting such content.
  2. By posting your content through our Services, you automatically grant and assign to us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works (including, without limitation, incorporating into other works) and otherwise use any content that you post to provide the Services and to promote our Company, you and your products and business, or our Services in general, in any formats and through any channels, including across any Company Website or Services or third party website or advertising medium.
  3. You expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
  4. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Agreement. You also agree not to post any content that is false or misleading or use our Services in a manner that is fraudulent or deceptive.
  5. You understand that all transactions between you, as an owner/artist, OR as a buyer, are strictly between the other party involved. Company is merely providing a venue to connect Arts and Crafts Artists with buyers.  Company is not responsible for said transactions, nor will resolve any disputes between parties.
  6. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of this Agreement is expressly prohibited.
  7. It is expressly prohibited for any third party to post content to our Website and Services on behalf of another.  Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
  8. It is expressly prohibited to post content to our Website and Services using any automated means. Users must post all content personal and manually through all steps of the posting process.
  9. Affiliate marketing by users is expressly prohibited on our Website and Services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

MODERATION

We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications or content) posted to, stored on or transmitted via our Website and Services by any user (or any third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our Website or Services) by any user (or third party in any manner); and to enforce this Agreement, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification and the deletion and/or termination of content, accounts and/or all or any use or access).  We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.  Our action or inaction to regulate content or conduct or to enforce against potential violation of this Agreement by any user (or any third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Agreement violation.

You also understand and agree that any action or inaction by us or any of our directors, officers, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct, or potential Agreement violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of this Agreement.

Although our representatives may moderate content on our Website and Services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will resolve any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported Agreement violation from occurring or recurring.  Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Agreement violation is superseded by this provision and is nonbinding and unenforceable.  Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else acting on behalf of us would or would not restrict or redress any content, conduct or potential or purported Agreement violation.  For the purpose of clarity; the opinions, statements, comments, posts and other communications expressed on our Website and Services are solely those of the poster and not ours, or an employees, officers, directors, subsidiaries, parent companies, attorneys or other agents.  We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator.  Administrators and moderators are not our agents and their opinions, comments and posts are their own.

We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our Website and Services at any time without notice.  We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

FEES AND PAYMENTS

You are responsible for any fees applicable to use of our Website and Services, including but not limited to, content that you post or other features, products, services or licenses you purchase or that are purchased through your account.  You agree to pay Company all charges at the prices in effect for the products or services that you or other persons using your billing account may purchase, and you authorize us or our designated payment processor to charge your credit card, debit card or other payment method for any such purchases.  You agree to make your payment using that selected payment method.  If you have registered for a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge until such time as you cancel the applicable product or service by contacting us using the contact information below.  Company reserves the right to correct any error or mistakes in pricing that it makes even if it has already requested or received payment.  Company may change prices at any time.  Unless otherwise specified, all prices are in United States dollars and all charges will be made in United States dollars.  Any applicable sales or other taxes are additional to the stated price.

Except as required by law or otherwise stated on the Website or in the Services, all fees are nonrefundable and payments and purchases may not be canceled by the user.  However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.

USE OF OUR SERVICES

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services which is subject, without limitation, to the following restrictions:

  1. Do not use our Website or Services in a manner inconsistent with any and all applicable laws and regulations. You agree that you will not violate any laws in connection with your use of our Website and Services.  This includes any local, state, federal, and/or international laws that may apply to you and/or your business.  You agree that you are responsible for obtaining any permits or licenses required to operate your business and sell your artisan goods.
  2. Promptly pay all bills. You are responsible to pay any and all fees owed to Company.  You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales made through our Website and Services.
  3. Do not attempt to harm our systems. You agree not to interfere with or try to disrupt our Website or Services, by distributing a virus or any other harmful computer code.

PROHIBITED ACCESS AND ACTIVITIES

To maintain the integrity and functionality of our Website and Services, you may not access or use the Website or Services for any purpose other than for which Company makes it available.  The Website and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.  Any activities related to our Website and Services that are harmful to, inconsistent with or disruptive of our Website and Services and/or users of our Website and Services are expressly unauthorized and prohibited.  Activities that are expressly prohibited include, without limitation:

  1. Except as may be a result of standard search engine or Internet browser usage, any copying, aggregation, display, distribution, performance or derivative use of our Website and Services or any content posted on our Website and Services whether directly or through intermediaries, including, without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses our Website, or using or launching any unauthorized script or other software.
  2. Engaging in any automated use of the system, such as using any data mining and the use of software such as scripts, agents, robots or similar data gathering and extraction tools.
  3. Any attempt to decipher, decompile, disassemble or reverse engineer all or any part of our Website or Services in order to identify, acquire, copy or emulate any source code, object code or data.
  4. Attempting to bypass any measures designed to prevent or restrict access to the Website or Services or any portion of the Website or Services.
  5. Any attempt to impersonate another person or using any username other than the username affiliated with your business.
  6. Criminal or tortious intent of any kind.
  7. Deleting the copyright or other proprietary rights notice from any website content.
  8. Harassing, annoying, intimidating or threatening any Company employee or agents engaged in providing any portion of the Website or Services
  9. Interfering with, disrupting or creating any undue burden on the website, networks or services connected to the Website
  10. The collection of personal information of users registered on our Website and Services (including, but not limited to usernames, email addresses, IP addresses and telephone numbers) by electronic or other means for the purpose of sending unsolicited email, creating user accounts by automated means or under false pretenses, or for any other purpose.
  11. Selling or transferring your user profile.
  12. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory.
  13. Any effort to trick, defraud or mislead any Company employee or other user to learn sensitive account information, such as passwords.
  14. Use of any information obtained from the Website to harass, abuse or harm another person or business entity.
  15. Any attempt to use the Website or Services as part of any effort to complete with Company or to provide services as a service bureau.
  16. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.

TERMS AND TERMINATION

This Agreement shall remain in full force and effect while you use our Website and/or Services or are otherwise a user or member of the Website, as applicable.

  1. Termination by you. You may terminate your use or participation at any time, for any reason, by contacting us using the contact information below.  We will not grant a refund for any portion of the membership period that you do not use.
  2. Termination by Company. Without limiting any other provision of this Agreement, Company reserves the right to, in Company’s sole discretion and without advance notice or liability, deny access to and use of the Website and Services, to any person for any reason or for no specific reason, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation.  Company may suspend your account, terminate your use or participation in our Website or Services, delete your profile and any content or information that you have posted at any time, without warning, in Company’s sole discretion.  Company reserves the right to change, suspend or discontinue our Website or Services at any time, for any reason.  We will not be liable to you for the effect that any changes to the Services may have on you, including your ability to generate revenue through our Services.

In order to protect the integrity of the Website and Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Services.

This Agreement will remain in effect even after your access to the Services is terminated, or your use of our Services ends.  Any provision of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

You understand that certain states allow you to cancel this Agreement, without any penalty or obligation, at any time prior to midnight of Company’s third business day following the date of this Agreement, excluding Sundays and Holidays.  To cancel, contact us using the contact information listed below.  This Section applies only to individuals residing in states with such laws.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name in the future, or using a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In this situation, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Services (“Submissions”) provided by you to the Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our Website and Services any suggestions, enhancement requests, recommendations or other feedback provided by you.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics.  All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries.  Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use.  Company retains all rights in and to Website and Company Content and all trademarks, service marks and logos.

If you believe there is a violation of intellectual property in a listing, contact the independent arts or crafts artist directly.  If you are unable to resolve the issue, contact us using the contact information below and we will review the matter.

THIRD PARTY WEBSITES AND CONTENT

The Website and Services may provide or contain (or you may be sent through the Website or the Services) links to other websites or resources (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”).  Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Websites accessed through our Website or any Third Party Content posted on, available through or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us.  If you decide to leave our Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website or relating to any applications you use or install from our Website.

Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Because we have no control over such Third Party Websites and Third Party Content, you acknowledge and agree that we, including our affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, “we”) are not responsible for the availability of such Third Party Websites and Third Party Content and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of any Third Party Website or Third Party Content.  Other Third Party Websites may provide links to our website without authorization.  You acknowledge and agree that we do not endorse such Third Party Websites, and are not and shall not be responsible or liable for any links from those Third Party Website to our website, any content, advertising, products, or other materials available on or through such other websites, or any loss or damages incurred in connection therewith.  YOUR USE OF THIRD PARTY WEBSITES AND THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY WEBSITES AND THIRD PARTY CONTENT, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH THIRD PARTY WEBSITES AND THIRD PARTY CONTENT.

We shall have the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

  1. Monitor the Website for violations of this Agreement;
  2. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s content or any portion thereof that may violate this Agreement or any Company policy;
  4. in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
  5. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

PRIVACY POLICY

We have established a Privacy Policy covering the collection, use and disclosure of user information, which can be found at https://5000gifts.com/privacy-policy.  By using the Website or Services, you are consenting to have your personal data transferred to and processed in the United States.  By using the Website or the Services, you are consenting to the terms of our Privacy Policy.

MODIFICATIONS

  1. Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date.  You agree to be bound to any changes to this Agreement when you use our Website or Services after any such modification becomes effective.  Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address.  It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes.  You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes.  Modifications to this Agreement shall be effective after posting.
  2. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website or Services.

DISPUTES BETWEEN USERS

If there is a dispute between users of our Website, or between users and any third party, we encourage you to contact the other party and try to resolve the dispute amicably.  You understand and agree that we have no dispute resolution services and are under no obligation to become involved or resolve any disputes.  In the event that you have a dispute with one or more users, you hereby release Company, any officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.

DISPUTES WITH COMPANY

  1. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Virginia, without regard to conflict of law provisions, and the laws of the United States of America.  These laws will apply no matter where in the world you live.  In no event shall any claim, action or proceeding by you related in any way to the Website or Services be instituted more than two (2) years after the cause of action arose.
  2. Informal Resolution. To expedite a resolution and control associated costs, you and Company agree to first attempt to negotiate any dispute, controversy or claim related to this Agreement informally for at least 30 days before initiating any arbitration or court proceeding.  Such informal negotiations commence upon written notice from you or Company is provided to the other party.
  3. Binding Arbitration. If you and Company are unable to resolve any dispute, controversy or claim through informal negotiations, either you or Company may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURTY TRIAL.  The arbitration shall be commenced and conducted, using the English language, under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website adr.org.  Our arbitration will be handled by a sole arbitrator in accordance with those rules.  The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.  Our arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Highland County, State/Commonwealth of Virginia.  Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
  4. You and Company agree that any arbitration shall be limited to the dispute between you and Company individually.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  5. You and Company agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning validity of any of your or Company’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.  If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any dispute falling within that portion of this Section found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and various other information.  Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

COMPANY CAN NOT CONTROL THE NATURE OF ALL OF THE CONTENT AVAILABLE ON THE WEBSITE.  BY OPERATING THE WEBSITE, COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY ENDORSES ANY BLOGS, CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE WEBSITE (INCLUDING, WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY WEBSITES OR PROVIDED BY THIRD PARTY APPLICATIONS) OR THAT THE COMPANY BELIEVES BLOGS, CONTRIBUTIONS OR OTHER CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL.  WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE WEBSITE OR IN CONNECTION WITH ANY CONTRIBUTIONS TO THE WEBSITE.  THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICES.

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR WEBSITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.  OUR WEBSITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.  COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR WEBSITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR WEBSITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM , INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE OR SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE OR SERVICES; ANY INABILITY TO ACCESS OR USE OUR WEBSITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR WEBSITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES.  NOTHING IN THIS AGREEMENT WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR WEBSITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR WEBSITE AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR WEBSITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY.  TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR WEBSITE AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Website and Services or content accessed through our Website and Services, or any interactions with others arising out of or related to our Website and Services or content accessed through our Website and Services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our representatives, our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Content that you post or transmit (including but not limited to content that a third party deems defamatory or otherwise harmful or offensive);
  2. activity that occurs through or by use of your account or our Services (including, without limitation, all content posted or transmitted and your interactions with others);
  3. your use or reliance on any user content; and/or
  4. arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims.  Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below.  Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify.  Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.  We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer or upload to the Website relating to the use of our Services.  Although we perform regular routine backups of data, you are primarily responsible for all of the data that you have transferred or that relates to any participation in our Services.  You agree that we shall have no liability to you for any loss or corruption of any such data stored on our Website, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS AND CONTRACTING

When you use our Website and Services, or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on our Website and Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically.  YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.  YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO OUR SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.  In order to access and retain your electronic records, you may be required to have certain hardware and/or software, which are your sole responsibility.

DAMAGES

At our discretion, we may seek actual or liquidated damages.  In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of this Agreement for which you accept responsibility.

INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of this Agreement may cause us immediate and irreparable harm and damages.  Consequently, notwithstanding any other provision of this Agreement or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent  injunctive relief regarding any violation or breach of this Agreement.  In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in this Agreement, including but not limited to by preliminary or permanent injunction.

RELEASE OF INFORMATION

Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal processes served on us.  If you seek the identity or account information of a user of our website and/or Services in connection with a civil legal matter, you must serve us with a valid subpoena.

We reserve the right to disclose any personal information about you or your use of our Website or Services, including any content, without your prior permission if we have a good faith belief that such action is necessary to:

  1. conform to legal requirements or comply with legal process;
  2. protect and defend our rights and property of our affiliated companies;
  3. enforce this Agreement; or
  4. act to protect the interests of our users or other representatives affiliated with our Company.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website and Services or information provided to or gathered by us with respect to such use.

COPYRIGHT POLICY

In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company in regards to the use of our Website and Services.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  This Agreement operates to the fullest extent permissible by law.   You hereby agree to the following:

  1. This Agreement (along with any documents linked to in this Agreement) constitutes the entire agreement between you and us and supersedes any prior written or oral agreement. Other than our representatives (who are expressly included as named third party beneficiaries of this Agreement), there are no third party beneficiaries to this Agreement.  If any provision or part of a provision of this Agreement is found by court of competent jurisdiction to be unlawful, void or unenforceable, that provision is deemed severable from this Agreement and all other provisions of this Agreement shall remain in full force and effect.
  2. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  3. This Agreement and your account may not be transferred, assigned or delegated by you without our express written consent. Company retains the rights to transfer, assign or delegate this Agreement and any or all of its rights and obligations to others at any time.
  4. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control.
  5. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our Website and Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
  6. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of our website or services.
  7. Upon our request, you will furnish Company any documentation, substantiation, or releases necessary to verify your compliance with this Agreement.
  8. Any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through our Website and Services may be governed by specific rules. By participating in any such Promotion, you will become subject to those rules.  To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules will control.
  9. Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to this Agreement, our Website and Services or content accessed through our Website and Services will be governed by the laws of the State/Commonwealth of Virginia, without regard to conflict or choice of law principles, and the laws of the United States of America. These laws will apply no matter what part the world you live.
  10. You agree that this Agreement will not be construed against Company by virtue of having drafted them.
  11. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT INFORMATION

In order to resolve a complaint regarding our Website or Services, if you have a question about this Agreement or to receive further information regarding the use of our Website or Services, please contact us as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California  95814 or by telephone at 1-916-445-1254.

5000 Gifts, LLC

P.O. Box 661

Monterey, VA  24465

Email:  info@500gifts.com

Phone:  540-468-2786

 

HANDMADE POLICY

 

This policy is part of our Terms of Use.  By becoming a member and listing items on our Website and Services, you agree to this policy and our Terms of Use.

We are venue for independent Arts and Crafts Artists to promote their handmade goods.  We work to protect the integrity of our handmade categories to ensure customers are able to shop with confidence. At our discretion, we may contact you to provide proof that your business meets our eligibility standards.

ELIGIBILITY AND PRODUCT REQUIREMENTS

Arts and Craft Artists and Artisan Goods listed on our Website and through our Services must adhere to the following handmade guidelines:

  1. The size of your business may range from a single person to up to 25 employees.
  2. You must maintain a business website and online store. The link to direct visitors from our Website to your online store must not be affiliated with an online marketplace.  If you do not have an online store, we will make exceptions if your website prominently displays the products, pricing and contact information to order by phone.
  3. All products listed on our Website must be handmade by you (the Artist) or by one of your employees. Acceptable products include:
    1. Handmade Items: This includes items made entirely by hand.
    2. Hand-Altered Items: This refers to an existing product that is altered or adapted using an original design by you (the Artist). For example, we will allow you to apply your own original designs to an existing object such as a t-shirt.
  4. Products must NOT be mass produced. Products produced in large quantities by an automated mechanical process are prohibited.
  5. Outsourcing of production is prohibited.
  6. We will accept certain printed items that are sent to an outside printing company, such as prints of artwork.
  7. We permit the use of hand tools and such light machinery/equipment that is used for your business purposes only.
  8. You may not resell items on our Website. Reselling refers to listing an item as handmade when you were not involved in designing or making that product.
  9. You must demonstrate transparency. Transparency means that you honestly and accurately represent yourself, your products and your business.
  10. You are expected to maintain a high level of customer service.

CRITERIA FOR HANDMADE ITEMS

  1. Jewelry must include primarily handmade elements such as handmade beads, metal or plastic pieces.
  2. Artwork and photographs must be original or reproductions of your original work.
  3. Due to the stringent restrictions and guidelines pertaining to food handling and safety, we will allow for certain food items to be packaged in commercial facilities (in small quantities only). The food item must have a handcrafted element, such as being harvested from the farm of the Arts and Crafts Artist.  You must adhere to all remaining policy guidelines.

PROHIBITED ITEMS

The following types of goods are prohibited:

  1. Alcohol, tobacco, drugs, drug paraphernalia and medical drugs
  2. Animal products and human remains
  3. Dangerous or volatile items; such as hazardous materials, chemicals and weapons
  4. Hate items; such as anything that promotes illegal activity and highly regulated items
  5. Internationally regulated items
  6. Pornography
  7. Violent items or anything that promotes, supports or glorifies violence

BEST BUYING PRACTICES

  1. Be aware that every transaction is a direct relationship established between the buyer and the Arts and Crafts Artist. We are not responsible for any transactions, dealings or details associated with any purchases.
  2. We do not allow any bartering or trading on our Website.
  3. The Arts and Crafts Artist is solely responsible for accurately representing the products they promote through our Website.
  4. It is incumbent upon the purchaser of any item listed on our Website to do their own due diligence before completing any transaction.

We reserve the right, in our sole discretion, to remove any Arts and Crafts Artist or any product from our Website and Services.  We will notify you regarding the removal and details of our decision.  Notification will be given using the email provided during member registration.

We also reserve the right to update our Handmade Policy, at any time, without notification.

 

Effective:  January 1, 2020