This web site (this “Web Site”) is provided by Aimgifts.com (“Aimgifts.com”), a division of American International Manufacturers (the “Company”) 3001 Penn Avenue, Pittsburgh, PA 15201-1520, USA. Your access to, and use of, this Web Site confirms your understanding and agreement with the terms and conditions contained in this document. These terms and conditions are not permitted to be modified by any Aimgifts.com representatives except in a writing signed by both parties. The term “you” (including, but not limited to, formatives thereof, such as “your”, and “yours”) means you, the person accessing this document, as well as any persons accessing or using this Web Site under your control, supervision, equipment, connection and/or authority. The term “Web Site” includes but is not limited to all functionality arising from or related to this Web Site, such as electronic mail.
Use. You represent and warrant that: (i) you guarantee the usage arising from, related to or through this Web Site; (ii) you shall indemnify and hold Aimgifts.com harmless in the event that this Web Site is used in any unauthorized manner; (iii) you shall not bypass or otherwise attempt to bypass any restrictions or passwords associated with this Web Site or content accessed or used by or through this Web Site; (iv) this Web Site shall be used only for lawful purposes, and it shall not be used as a means to commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract or other unlawful activity; (v) you are at least eighteen (18) years of age; (vi) you are permitted to have access to materials that may be considered offensive, violent, inappropriate or adult in nature, and you hereby agree to indemnify and hold Aimgifts.com harmless for such access; (vii) you are solely responsible for all hardware and software necessary for your access this Web Site; (viii) any available disk space provided by Aimgifts.com (“Disk Space”), whether for storage of electronic mail, data, computer software, other executable-related or data files, or otherwise, shall not be used to store valuable, confidential or otherwise important information and you agree to keep backup/archive copies of any information stored in the Disk Space; and (ix) this Web Site shall not be used, directly or indirectly, for the purpose of “spamming” or otherwise sending unsolicited mass transmissions or multiple postings in a manner which, in Aimgifts.com's sole discretion, is abusive, offensive, and inappropriate; (x) you are solely responsible full compliance with all applicable statutes, regulations, ordinances and other laws that govern the direct, indirect or downstream use or intended use of this Web Site. Without limiting the generality of the foregoing, in connection with your use of this Web Site, you agree you will not:
- Transmit any message, information, data, text, software or images, or other content (“ Material ”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
- Impersonate any person or entity, including but not limited to, a Aimgifts.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post or transmit any Material that contains a virus, harmful or corrupted data;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Web Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Post or transmit any unsolicited advertising, promotional materials, ""junk mail"", ""spam"", ""chain letters,"" ""pyramid schemes"" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- Delete or revise any Material posted by any other person or entity.
You agree that Aimgifts.com has the right to monitor your use of this Web Site electronically and to disclose any information as necessary to satisfy any law, regulation or other governmental request (including, but not limited to, whether informal requests of authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to operate the system properly, to protect itself or its subscribers, or otherwise. You shall indemnify and hold Aimgifts.com harmless from such monitoring and disclosure. Aimgifts.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are believed to be in violation hereof. You hereby authorize Aimgifts.com, and hereby appoint Aimgifts.com, as your attorney-in-fact to take any action necessary or appropriate to comply with any statutes, regulations, ordinances or other laws, user policies and/or industry-standard organizational or governing bodies, including, but not limited to the ICANN and its successor(s), and hereby release Aimgifts.com from liability for any such acts. Except for certain products and services for which Aimgifts.com is expressly and specifically identified by Aimgifts.com as being itself the author, manufacturer, or authorized representative, all merchandise, content, information and services offered or made available or accessible on the Internet or use of this Web Site are so offered or made available or accessible by third parties who are not affiliated with Aimgifts.com or its affiliates (“Third-Party Materials”). Aimgifts.com makes no endorsements, representations and/or warranties regarding Third-Party Materials. You understand that the Internet contains materials which may be considered to be sexually explicit and/or may be extremely offensive (“Explicit and Offensive Materials”). You guarantee that your access to Explicit and Offensive Materials at your own risk. You are solely responsible to “block” or otherwise prevent inappropriate access or content.
No Warranties. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE. THIS WEB SITE AND ANY INFORMATION AND/OR MERCHANDISE OBTAINED THEREBY (INCLUDING, BUT NOT LIMITED TO, “THIRD-PARTY MATERIALS” AND “EXPLICIT AND OFFENSIVE MATERIALS”), ARE RECEIVED BY YOU ON AN ""AS IS"" AND ""AS AVAILABLE"" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT