Welcome to the TheGiftOfSunShine website (the “Site”), owned and operated by TheGiftOfSunShine , LLC (“TheGiftOfSunShine ”). TheGiftOfSunShine provides services to users subject to the terms and conditions set forth herein (the “Terms”) and, except as otherwise noted herein, the Terms govern your use of the Site. In addition, the use of any of the services supplied by TheGiftOfSunShine are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into these Terms by reference.
TheGiftOfSunShine hereby grants you permission to access and make personal use of this Site pursuant to these Terms, insofar as: (i) your use of the Site is for your personal use and is not for any commercial purpose of your own beyond what is permitted by the Terms; (ii) you do not copy or distribute any aspect of the Site in any way without TheGiftOfSunShine’s prior written authorization; (iii) you do not alter or modify any aspect of the Site beyond what may be reasonably necessary for proper use of the Site for its intended purpose; and (iv) you otherwise comply with these Terms. TheGiftOfSunShine is not intended for children under 13. If you are under 13 years of age, then please do not use the TheGiftOfSunShine Site.
When you visit TheGiftOfSunShine or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. 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.
Some portions of the Site may only be accessible to those that have created a user account. You may not use any account that is not your own without the account holder’s permission. When creating your account, you are required to provide accurate information about yourself. Any activity that originates or is affiliated with your account is solely your responsibility as is the security and confidentiality of your account username and password. You may change your password at any time by updating your Account page. In addition, you agree to immediately notify TheGiftOfSunShine of any unauthorized use of your password or account or any other breach of security. TheGiftOfSunShine cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In addition, some portions of the Site are only accessible to those that have entered personal information, such as when users submit design ideas and during the check out process. When submitting personal information on the Site, you are required to provide accurate information about yourself. It is solely your responsibility to keep the information you submit to TheGiftOfSunShine confidential and secure. You agree to immediately notify TheGiftOfSunShine of any unauthorized use of your information or any other breach of security. TheGiftOfSunShine is not liable for any loss or damage arising from your failure to comply with this section.
When submitting personal information to the Site, you warrant that you are able to enter into a legally binding contract and are not barred from using the Site by any laws. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian. You agree to provide true, accurate, current and complete information about yourself in all required fields when prompted. If any of your information changes, you agree to update your information as soon as possible. If TheGiftOfSunShine suspects that the information you submitted is not complete, current, or accurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using the Site.
Prohibited Uses of The Sites and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including our company and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; otherwise violate any law; or in doing so, amounts to any conduct that, in the judgment of TheGiftOfSunShine, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site or the related services and products. You agree not to expose the Site to any automated system, including, but not limited to, “robots,” “spiders,” or similar technological devices or programs, that access the Site in a manner that sends more request messages to the TheGiftOfSunShine servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TheGiftOfSunShine grants permission to the operators of public search engines to use the technology necessary to copy materials from the Site, so long as such use is for the sole purpose of creating publicly available, searchable indices of the Site, but not caches or archives of such materials. TheGiftOfSunShine reserves the right to revoke these exceptions in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) from the Site including, but not limited to, the names and contact information of other users. Additionally, you agree not to use the communication systems provided by the Site for any commercial purposes.
Access to any Third Party Sites is at your own risk and TheGiftOfSunShine incurs no liability arising out of or related to such Third Party Sites or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on any such content, goods, or services available on or through any such Third Party Site. TheGiftOfSunShine has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third Party Sites that appear on the Site. By using the Site, you specifically release TheGiftOfSunShine from any and all liability arising from your use of any Third Party Site.
Intellectual Property Rights
All content on the Site, including without limitation, the text, graphics, and photos created by and for TheGiftOfSunShine, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TheGiftOfSunShine, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only. The Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of TheGiftOfSunShine or as expressly provided herein. TheGiftOfSunShine reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree not to use, copy, or distribute any of the Content displayed on the Site other than expressly permitted herein, including any of Submissions (as defined below) displayed on the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
Comments & User Submissions; Artist Agreement
Due to the interactive nature of third-party postings on the Site, TheGiftOfSunShine does not assume responsibility for any of the materials posted by users. The comments posted by TheGiftOfSunShine users, and any material provided to the Site by users within their comments (collectively “User Submissions”) are not endorsed by TheGiftOfSunShine, and TheGiftOfSunShine makes no guarantee regarding the reliability or accuracy of any User Submission. It is solely your responsibility to evaluate all User Submissions and you alone bear all risks related to the use of any User Submission, including any reliance on their accuracy, completeness, or usefulness. User Submissions posted to the Site are the sole responsibility of the person who originally posted such submissions, and your sole recourse for any damage you may suffer as a result of User Submissions shall be against the individual who posted the material. TheGiftOfSunShine does not guarantee any confidentiality with respect to any User Submission.
TheGiftOfSunShine expressly disclaims any and all liability in connection with User Submissions. TheGiftOfSunShine reserves the right but not the obligation to monitor and edit or remove Content and User Submissions in its sole discretion and without prior notice for any or no reason. TheGiftOfSunShine also reserves the right to terminate a user’s access to the Site at any time, in its sole discretion, and without prior notice.
If you are submitting a design idea to TheGiftOfSunShine to be considered for printing and sale by TheGiftOfSunShine, in addition to these Terms, you also must review and agree to the TheGiftOfSunShine Artist Agreement posted on this Site.
TheGiftOfSunShine respects the intellectual property of others, and asks users of the Site to do the same. When using and interacting with TheGiftOfSunShine and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining the copyright holder’s prior written consent. This specifically includes the submission of a design. TheGiftOfSunShine reserves the right, in its discretion, to remove any User Submission it believes may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Site in a way that constitutes infringement of your copyrights, you must send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
- Address 1: Studio 05pKirsty Plain, Adeleville, United Kingdom RG40 4RX
- VN Address: 249 Yen Duyen, Yen So, Hoang Mai, Ha Noi, Vietnam, 100000
- Email: firstname.lastname@example.org
- Phone: +84 914-722-484
- Working hours: Monday to Saturday: 9am - 8pm
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is an infringement may be subject to liability.
Limitation of Liability
In no event shall TheGiftOfSunShine, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of TheGiftOfSunShine, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that TheGiftOfSunShine shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is controlled and offered by TheGiftOfSunShine from its facilities in the United States of America. TheGiftOfSunShine makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Choice of Law and Venue
These Terms are to be interpreted under the laws of the State of Illinois. Cook County, Illinois is the venue for the adjudication of any dispute arising out of these Terms, whether brought at law, at equity, or in arbitration.
Any dispute arising out of or relating to these Terms, or breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Rules, and the judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Chicago, Illinois, in accordance with the United States Arbitration Act. There shall be three (3) arbitrators named in accordance with such rules.
The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based. The arbitrators shall decide the dispute in accordance with the substantive laws of the State of Illinois. You agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings; however, nothing in these Terms shall preclude or waive TheGiftOfSunShine’s rights to seek any equitable remedies as interim relief afforded to it under the laws of the State of Illinois including, without limitation, seeking a Temporary Restraining Order or a Preliminary Injunction. All matters relating to the arbitration of any disputes arising out of or relating to these Terms, or breach their of, shall be confidential. The arbitrators shall be empowered to award reasonable attorneys’ fees, costs, and expenses upon issuance of their award.
Limitations on Actions: You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Paragraph Headings: The paragraph headings in these Terms are included to help make these terms easier to read and have no binding effect.
Termination or Cancellation; Survival
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. TheGiftOfSunShine may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 17b (“Severance”) with respect to removal or modification of Content previously posted on the Site.
You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. TheGiftOfSunShine may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 17b (“Severance”) with respect to removal or modification of Content previously posted on the Site.