Terms and Conditions
These Terms of Use (“Terms”) are effective as of June 27‚ 2016.
Welcome to ShootsGiggles.com
By using this website, you are agreeing to follow and be bound by these Terms as well as our Privacy Policy. If you disagree with any part of these Terms, we ask that you do not use our website. These Terms apply only to your use of this website. These Terms should not be construed as Terms of Sale and do not apply to or extend to your purchase or use of our products.
Eligibility
The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ register or purchase merchandise on the Site. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence)‚ and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.
SITE CONTENTS
Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, music, sounds, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials (“Shoots N Giggles Content”) are owned, controlled or licensed by Shoots N Giggles and its Affiliates. Shoots N Giggle’s Content is provided for your personal, noncommercial use. No right, title or interest in downloaded Shoots N Giggles Content is transferred to you as a result of any such downloading or copying. Unless expressly stated to the contrary, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Shoots N Giggles Content in any way.
Limitations on Quantity
To properly serve all customers‚ Shoots N Giggles reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. Shoots N Giggles further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of this Shoots N Giggles’ site is expressly prohibited. Shoots N Giggles reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Colors and Materials
Shoots N Giggles attempts to display the colors and designs of the products shown on the ShootsGiggles.com site as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, sizing, fabrication, color or availability.
Pricing
Pricing errors may occur on the Shoots N Giggles site from time to time. Shoots N Giggles attempts to correct all pricing errors as soon as they are discovered‚ or as soon as Shoots N Giggles receives notice of an error. Shoots N Giggles reserves the right to cancel any orders containing pricing errors‚ with no further obligations to you‚ even after your receipt of an order confirmation or shipping notice from Shoots N Giggles. Any payments you make to Shoots N Giggles for orders that are cancelled due to pricing errors will be refunded.
USER-GENERATED CONTENT AND SUBMISSIONS
You are responsible for, and we claim no ownership to, any content, including profiles, information, messages, text, images, illustrations, icons, photographs, videos, music or any other content or materials (“User-Generated Content”), you submit, upload, post or otherwise provide or make available to Shoots N Giggles or its Affiliates or vendors, or make available on or through this website, including User-Generated Content that is on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest and/or Twitter, which you have agreed to allow our use of, and those associated with hashtags related to Shoots N Giggles.
You must be at least 18 years old to make a Submission. Your Submission may be used in any Shoots N Giggles advertising, marketing or promotional materials, including this website, printed materials, emails, social media sites and on-site marketing materials. If your Submission is used by Shoots N Giggles, it may be publicly displayed along with your name and associated Facebook, Instagram, Pinterest, or Twitter profile information. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
All User-Generated Content and Submissions posted, submitted or otherwise transmitted or made available to this website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control User-generated Content. All User-Generated Content and Submissions will be treated as non-confidential and non-proprietary. With respect to all User-Generated Content and Submissions you grant Shoots N Giggles and its Affiliates, a perpetual, irrevocable, transferable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Submissions and User-Generated Content as well as your name, Facebook, Instagram, Pinterest or Twitter handle, ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, forms, media, or technology, alone or as part of other works, without further notice or compensation. You hereby represent and warrant that any User-Generated Content and/or Submissions you provide do not include anything to which you do not own or otherwise control or have the full right to grant the license stated above. You represent that your User-Generated Content and Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, commercial offerings or any form of “spam.”
FEEDBACK
Any questions, feedback, comments, suggestions regarding our current products and services, as well as any or your ideas and concepts for new products and services, offered to us (“Feedback”) will be and remain the property of Shoots N Giggles and its Affiliates and will be deemed non-confidential and non-proprietary. Your Feedback, whether directly posted on this website, including but not limited to Ratings and Reviews, or via email, postal mail, or otherwise, will be considered an assignment to Shoots N Giggles and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in your Feedback. By sending us your Feedback, you agree that such Feedback may be used in any Shoots N Giggles advertising, marketing or promotional materials, including but not limited to printed materials, emails, social media sites and in-store marketing materials. If your Feedback is used by Shoots N Giggles, it may be publicly displayed along with your name and and/or biographical information.
Shoots N Giggles specifically prohibits you from sending us any information that you consider to be confidential or proprietary or that which you would object to use in marketing materials. You further agree that your Feedback will not violate rights of any third party, contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.
COPYRIGHT INFRINGEMENT POLICY AND NOTIFICATION:
If you believe any aspect of ShootsGiggles.com infringes your copyright‚ you should send written notice of copyright infringement to the address below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address‚ telephone number and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law;
• A statement by you‚ made under penalty of perjury‚ that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Shoots Giggles, Inc.
Attn: Bridgette King, president
6609 Hoffner Avenue
#343
Orlando, FL 32812
Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.
Links to Third Party Sites
The Site may display links to third party sites. We are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site.
DISPUTE RESOLUTION, CHOICE OF LAW AND FORUM
In the event of any claim, action or dispute related to or arising out of any ShootsGiggles.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to Shoots N Giggles, notice will be sent to Shoots Giggles, Inc. Attention: Bridgette King, 6609 Hoffner Ave, #343, Orlando, FL 32812. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Shoots N Giggles and its Affiliates agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Orange County, Florida. The Terms will be construed in accordance with the laws of the State of Florida, without regard to any conflict of laws provision.
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