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Terms And Conditions

Welcome to chipmunkgift.com. Please read these Terms of Use (Terms) carefully. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile applications (collectively, our Sites and Apps), as well as our provision of products and services. Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.

By visiting any of our Sites and Apps, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. We may revise these Terms from time to time by posting a revised version.

Your continued use of any of the sites and apps after we post any changes will constitute your acceptance of such changes. In addition, by ordering products or using services, you acknowledge that you have read and reviewed these terms in their entirety, you agree to these terms and the privacy policy and these terms constitute binding and enforceable obligations on you. Note: this terms of use contains an arbitration and class action waiver provision in the arbitrationsection below that affects your rights under this terms of use and with respect to any dispute between you and us or our affiliates.

 

YOUR USE OF OUR SITES AND APPS

You may access and use our Sites and Apps solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Sites and Apps may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree not to:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others privacy rights or rights of publicity;

Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;

Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of hacking or defacing any portion our Sites and Apps;

Violate any applicable laws or regulations;

Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third partys intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

Engage in spamming;

Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;

Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and

Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.

Display adult nudity or inappropriate child nudity.

Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.

Use the Share Sites for the sale of goods or services.

Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.

Some features of our Sites and Apps may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Sites and Apps and/or the amount of storage space available for transmissions or for any feature made available through our website. 

The following guidelines have been established by the U.S. Postal Service governing images which are restricted from appearing on customized postage:

 

Content or images, whether appearing individually or in combination with other content or images, that may cause the Customized Postage program to become a public forum, including but not limited to:

Content or images actively advocating or disparaging the religious, political, or legal agenda of any person or entity, including but not limited to content or images designed to influence a specific piece of legislation.

Partisan or political content or images, including but not limited to content or images supporting or opposing election.

Content or images related to human reproduction or sexuality, including but not limited to content or images related to services or counseling with regard to pregnancy, abortion, or other sexual matter.

Unlawful content or images including but not limited to:

Deceptive, defamatory, slanderous, libelous or obscene content or images.

Content or images infringing upon the intellectual property rights of any third party, including but not limited to the USPS.

Content or images emulating any form of valid postage indicia or payment of postage.

Content or images that violate any living or deceased persons privacy or publicity rights.

Content or images depicting discrimination on the basis of race, gender, religion, nationality, disability, sexual or political orientation, or age.

Content or images containing non-incidental depiction of firearms, ammunition, or gambling.

Content or images depicting graphic violence.

Content or images depicting illegal activities, illegal substances, and paraphernalia designed for use in connection with illegal substances or activities, or convicted criminals.

Content or images depicting profanity, nudity, or sexually explicit functions or materials.

Content or images related to the sales of alcoholic beverages, tobacco or tobacco related products.

Content or images related to the sale of products designed for use in connection with sexual activity, or product, services or entertainment directed to sexual stimulation.

YOUR MEMBER ACCOUNT

You may create a member account with any of our Sites and Apps by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps.

In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Sites and Apps.

 

MAKING PURCHASES

If you wish to purchase any products or services through any of our Sites and Apps, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites and Apps. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

 

MOBILE APPLICATIONS

Before using any of our mobile applications (App or Apps), we may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.

 

WEB ADDRESSES (URLS)

As part of our services,  we may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs) you choose. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.

 

SOCIAL MEDIA AND OTHER SERVICES

While using our services, you have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Picasa, Flickr, Twitter, SmugMug, and others (each, an SNS). Provided an SNS permits this, we can capture and make available on the Site and through the Apps the photos and other content that you have stored in your account(s) with such SNSs (SNS Content). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site and through our Apps. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through our Apps. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through our Apps. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site and through our Apps. You have the ability to disable the connection between the Site and Apps and your SNS account(s), at any time, by accessing the Settings section of the Site and Apps. Please note that your relationship with each sns, including your rights with respect to any content that you provide to an sns and the storage of such content, is governed solely by your agreement(s) with such sns.

 

Disclaimer of warranties

except for the express warranties contained in these terms, our products and services, including all materials incorporated therein, are provided as is and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, we and our directors, officers, shareholders, employees, contractors, agents, representatives and affiliates disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Note: certain applicable law may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. No statement of ours or any of our directors, officers, shareholders, employees, contractors, agents, representatives and affiliates shall create any warranty other than those expressly contained in these terms. Limitation of liability

to the fullest extent permissible by applicable law, neither we nor any of our directors, officers, shareholders, employees, contractors, agents, representatives, or affiliates (the chipmunkgift) shall be liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of business, profits, use or data), whether based on warranty, contract, tort (including, without limitation, negligence and strict liability) or any other legal theory, even if the chipmunkgift parties have been advised of the possibility of such damages, arising out of or relating in any way to our provision of (or failure to provide) products or services, or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed its essential purpose. You specifically acknowledge that the chipmunkgift parties are not liable for any defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Furthermore, the chipmunkgift parties will have no liability to you or to any third party for any third-party content uploaded. Your sole and exclusive remedy for dissatisfaction with products is to obtain a refund, and your sole and exclusive remedy for dissatisfaction with services is to stop using the services. To the fullest extent permissible by applicable law, the maximum liability of the chipmunkgift parties arising out of or relating in any way to our provision of (or failure to provide) products or services shall be the actual price paid therefore by you. Note: certain jurisdictions may not allow the exclusion or limitation of incidental, consequential or certain other types of damages, so some of the above exclusions or limitations may not apply to you.

 

POLICY FOR IDEA SUBMISSION

Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Sites and Apps, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers interest in improving our Sites and Apps; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.

 

TERMINATION

Either you or we may terminate your access to our Sites and Apps and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, chipmunkgift may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

The governing law in the terms of service should be governed by and construed in accordance with the laws of HK.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@chipmunkgift.com.