Bayou Gifts and Collectibles Wholesale is a division of Buy-U-Gifts. The
following terms apply to any/all web sites operated by Buy-U-Gifts.
ACCEPTANCE
By using the Buy-U-Gifts websites and services, you agree,
without limitation or qualification, to be bound by, and to
comply with, these Terms and Conditions and any other posted
guidelines or rules applicable to any individual Buy-U-Gifts
web sites, product or service. All such guidelines and
rules are hereby incorporated by reference into the Terms and
Conditions.
CONDITIONS AND RESTRICTIONS ON
USE
Use of the Buy-U-Gifts websites and services is subject to
compliance with these Terms and Conditions. You acknowledge and
agree that Buy-U-Gifts may terminate your access to the
Buy-U-Gifts web sites or to any of the products and services
should you fail to comply with the Terms and Conditions or any
other guidelines and rules published by Buy-U-Gifts. Any
such termination shall be in our sole discretion and may occur
without prior notice, or any notice. Buy-U-Gifts further
reserves the right to terminate any user's access to the Buy-U-Gifts
web sites or to any of the products and services for
any conduct that Buy-U-Gifts, in its sole discretion,
believes is or may be directly or indirectly harmful to other
users, to Buy-U-Gifts or its subsidiaries, affiliates, or
business contractors, or to other third parties, or for any
conduct that violates any local, state, federal, or foreign laws
or regulations. Buy-U-Gifts further reserves the right to
terminate any user's access to the Buy-U-Gifts web sites or
to any of the Products and Services for any reason or for no
reason at all, in Buy-U-Gifts' sole discretion, without
prior notice, or any notice.
In order to use the products and services, users must have
access to the World Wide Web and must navigate the Internet to
http://buyugifts.us or another of the URLs
associated with the Buy-U-Gifts. Be aware that the
majority of the Buy-U-Gifts Network is for general
audiences. Where there is mature or adult content, individuals
who are less than 18 years of age or are not permitted to access
such content under the laws of any applicable jurisdiction may
not access such content. There are also other (mainly
commerce-related) areas of the Buy-U-Gifts Network not
open to persons under 18 years of age. With respect to general
audience content, if Buy-U-Gifts learns that anyone under
the age of 13 has accessed the Products and Services, Buy-U-Gifts
will require verified parental consent, in
accordance with the Children's Online Privacy Protection Act of
1998 ("COPPA"). Certain areas of the Buy-U-Gifts Network,
however, may not be available to children under 13 under any
circumstances.
Buy-U-Gifts does not discriminate on the basis of age,
gender, race, ethnicity, nationality, religion, sexual
orientation, or any other protected status.
Content Linked to by Buy-U-Gifts
The sites displayed as search results or linked to by Buy-U-Gifts services are
developed by people over whom Buy-U-Gifts exercises no
control. The search results that appear from Buy-U-Gifts' directories are indexed by
Buy-U-Gifts' automated servers and computers, and Buy-U-Gifts
cannot and does not screen the sites before including them
in the indices from which such automated search results are
gathered. A search using Buy-U-Gifts services may
produce search results and links to sites that some people
find objectionable, inappropriate, or offensive. We cannot
guarantee that a Buy-U-Gifts search will not locate
unintended or objectionable content and assume no
responsibility for the content of any site included in any
search results or otherwise linked to by the Buy-U-Gifts services.
Linking To Buy-U-Gifts and Buy-U-Gifts Owned Sites
Buy-U-Gifts offers a non-assignable, non-transferable, and non-exclusive license
to link to the Buy-U-Gifts and Buy-U-Gifts'
network web sites, using the approved Buy-U-Gifts
logos and search boxes and online tools, subject to the
following provisions. The Buy-U-Gifts logos may be placed on a Web site for the sole purpose of
creating a link to Buy-U-Gifts and allowing users
of your site to access the products and services on the
Buy-U-Gifts web site(s). The Buy-U-Gifts logos may not be used for any other purpose, including,
among other purposes, to suggest sponsorship by, or
affiliation with, or endorsement by Buy-U-Gifts.
The Buy-U-Gifts logos may only be used in the exact size, shape, colors, design, and
configuration as originally provided. The Buy-U-Gifts
logos may not be altered in any manner. The Buy-U-Gifts logos must appear by
themselves, with reasonable spacing (at least the height of
the logos) between each side of the applicable logos or search
box and other graphic or textual elements. The Buy-U-Gifts logos may not be used to disparage Buy-U-Gifts, its products or services, or in a manner
which, in Buy-U-Gifts' reasonable judgment, may
diminish or otherwise damage Buy-U-Gifts' good will in
the Buy-U-Gifts logos. By using any such Buy-U-Gifts logos or search box, you acknowledge that
Buy-U-Gifts has exclusive rights to the logos or search
box, and that all good will generated through your use of
the logo or search box will inure to the benefit of Buy-U-Gifts.
If you use the Buy-U-Gifts logos, you must include appropriate attribution, for
example: "Buy-U-Gifts is the copyright of Buy-U-Gifts." Buy-U-Gifts reserves the right to revoke
this license or to alter its terms from time to time, for
any or no reason, with or without notice. Buy-U-Gifts
reserves the right to take action against any use that does
not conform to these provisions.
Use Of Product Images & Descriptions For Our Resellers
All paragraphed product descriptions, components and colors descriptions throughout our website are copyrighted by our individual vendors and approved for your use.
All other images, logos, buttons or any part of our webstore layout are not to be reproduced in any way without our permission.
Personal Use Only
You may not use Buy-U-Gifts or Buy-U-Gifts services in any
Commercial properties or applications, including web sites,
intranets, extranets and software ("Commercial Use).
Commercial Use includes use on all properties and
applications except those designed and maintained for:
- personal use ("personal websites"), i.e. non-business web sites, hobby sites
- educational use ("accredited educational institutions")
- non-for-profit ("accredited non-profit organizations")
- government use ("Recognized National, State and Local Governmental Entities)
- developer use ("open source software"), provided it is not being resold or used within a
commercial framework
You may not use the Buy-U-Gifts services to sell a product or service, or to
increase traffic to your Web site for commercial reasons, such as advertising sales.
You may not take the results from a Buy-U-Gifts search and reformat and display
them, or mirror the Buy-U-Gifts home page or results pages on your Web site, or send automated queries to Buy-U-Gifts' system without express permission from Buy-U-Gifts.
If you want to make commercial use of the Buy-U-Gifts services you must
enter into an agreement with Buy-U-Gifts to do so.
Please Contact Us for more information.
Users who use Buy-U-Gifts' services, network, servers or resources for
unauthorized commercial use without an agreement incur
service and usage fees, collections costs, and any and all
attorney and court costs incurred for the recovery of
amounts owed to Buy-U-Gifts.
Privacy Policy
Buy-U-Gifts will not disclose any personally identifying information to
third-parties unless you expressly authorize it, or as
required by and in compliance with the law. You may view a
complete statement of our privacy policy at
Privacy Notice
Users alone are responsible for maintaining the confidentiality and security of and
account number and/or password for your accounts. You are
personally liable and responsible for the use of your
account, whether or not actually or expressly authorized by
you.
In order to ensure that Buy-U-Gifts is able to provide high quality services you
must consent to Buy-U-Gifts employees and/or authorized affiliates having access to your account and
records.
Changes In Terms and Conditions and Buy-U-Gifts Search Service
We may modify or terminate our services from time to time, for any reason, and without
notice, including the right to terminate with or without
notice, without liability to you, any other user or any
third party. We reserve the right to modify these Terms of
Service from time to time without notice. Please review
these Terms of Service from time to time so that you will be
apprised of any changes.
Network Abuse /
Unsolicited Commercial Email
Buy-U-Gifts does not
tolerate the abuse of it's servers, network or services.
Without limitation users may not use Buy-U-Gifts'
resources, products, servers or network for commercial use
without written authorization
Users who intentionally
violate our Network Abuse / Unsolicited Commercial Email
policy are subject to substantial fees for service, actual
and punitive damages, collections costs, and any and all
attorney and court costs incurred as a result.
Intellectual Property
Policy
It is our policy to respond
to notices of alleged infringement that comply with the
Digital Millennium Copyright Act in an appropriate manner
under such Act and other applicable intellectual property
laws, including the removal or disabling of access to
material claimed to be the subject of infringing activity.
Pursuant to 17 United States
Code 512(c)(2) (Digital Millennium Copyright Act of 1998),
Buy-U-Gifts designated agent for notice of alleged
copyright infringement appearing on our Site. Direct any
notices of infringement to:
Buy-U-Gifts
9804 Harold Landry Road
New Iberia, LA 70563
Contact Us
To file a notice of
infringement with us, one needs to completely fulfill the
requirements specified in Title II of the Digital Millennium
Copyright Act of 1998. The text of this statute can be found
at the U.S. Copyright Office Web Site,
http://lcWeb.loc.gov/copyright/.
Disclaimer of Warranties
Buy-U-Gifts disclaims
any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability
or availability of information or material displayed in the
Buy-U-Gifts services results. Buy-U-Gifts
disclaims any responsibility for the deletion, failure to
store, non-delivery, or untimely delivery of any information
or material. Buy-U-Gifts disclaims any responsibility
for any harm resulting from downloading or accessing any
information or material on the Internet through the Buy-U-Gifts services.
THE SERVICES ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. Buy-U-Gifts
EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. Buy-U-Gifts DISCLAIMS ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF Buy-U-Gifts SERVICES. Buy-U-Gifts DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH THE Buy-U-Gifts SERVICES.
Buy-U-Gifts DISCLAIMS ANY WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON Buy-U-Gifts OR RECEIVED THROUGH ANY LINKS PROVIDED BY
Buy-U-Gifts, AS WELL AS FOR ANY INFORMATION
OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN Buy-U-Gifts.
YOU UNDERSTAND AND AGREE THAT
YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH
THE USE OF Buy-U-Gifts AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE
AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
Buy-U-Gifts BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF OR RELIANCE ON Buy-U-Gifts. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT
OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Buy-U-Gifts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON
Buy-U-Gifts, FROM INABILITY TO USE THE Buy-U-Gifts SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE Buy-U-Gifts SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE ALL HEADLINE NEWS SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN Buy-U-Gifts
SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON Buy-U-Gifts OR RECEIVED THROUGH ANY LINKS PROVIDED IN
Buy-U-Gifts. THIS LIMITATION SHALL ALSO APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF Buy-U-Gifts OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, Buy-U-Gifts. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the
foregoing, under no circumstances shall Buy-U-Gifts be
held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals, non-performance
of third parties, or loss of or fluctuations in heat, light,
or air conditioning.
Requests for Removal of
Links or Cached Materials
Buy-U-Gifts occasionally receives requests from people to remove links
from its directory. Although Buy-U-Gifts reserves the
right to address such requests individually, the general
approach that Buy-U-Gifts takes reflects the following
principles:
Buy-U-Gifts' directory
consists of information that has been identified, indexed
and compiled through an automated process with no advance
review by human beings. Given the enormous volume of web
site information added, deleted, and changed on a frequent
basis, Buy-U-Gifts cannot and does not screen anything
made available through its indices. For each web site
reflected in Buy-U-Gifts' indices, if either (i) a
site owner restricts access to his or her web site or (ii) a
site is taken down from the web, then, upon receipt of a
request by the site owner or a third party in the second
instance, Buy-U-Gifts would consider on a case-by-case
basis requests to remove the link to that site from its
indices. However, if the operator of the site does not take
steps to prevent it, the automatic facilities used to create
the indices are likely to find that site and index it again
in a relatively short amount of time.
Entire Agreement
These Terms of Service
constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by Buy-U-Gifts.
Governing Law and
Jurisdiction
These Terms of Service will
be governed by and construed in accordance with the laws of
the State of Louisiana, without giving effect to its conflict
of laws provisions or your actual state or country of
residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of
Service to be unenforceable, the remainder of the Terms of
Service will continue in full force and effect. |
