Introduction to Terms and Conditions:
The following terms apply to the terms and conditions govern your use of this website. By using this website (XboxOneGifts.com) you agree to accepting the following described terms and conditions in full. If you do not agree with any of the following terms, conditions or policies, you must NOT use this website.
In a good faith effort to prevent consumer confusion, PLEASE NOTE: XBoxOneGifts.com is NOT owned by, operated by, or endorsed by Microsoft Corporation. This is NOT an official Microsoft site in any way.
Microsoft, Xbox, Xbox Live, the Xbox logos, and/or other Microsoft products are trademarks or registered trademarks of Microsoft Corporation. Any reference to these aforementioned trademarks herein is done for informational purposes under terms of fair use and/or privileged nominative use.
The terms “we”, “us”, “our”, “website”, “site”, “this website”, “XboxOneGifts.com”and similar terms and variations refer to the XboxOneGifts.com website which is a subsidiary of and currently owned and operated by:
Acceptable Use of This Website:
You may not use this website in any manner that does cause ,or may cause, injury, damage, harm, or in any way that may hinder the accessibility and availability of this website. You may not use this website or any resource associated with it for any illegal, unlawful, fraudulent or harmful purpose.
You may not use this website to publish, store, transmit, copy, host or otherwise send, use or distribute any harmful computer software or virus. This includes, but is not limited to: spyware, keylogging software, viruses,malicous computer code, trojan viruses, rootkits and any maliciously coded software, program or application.
Any information harvesting, data mining and other systematic information collection without the express written consent of JRB Endeavors, LLC.com is strictly prohibited.
Unless otherwise stated or noted here or on our site, the content at XboxOneGifts.com and the exclusive intellectual property rights to it, are ours. All rights are reserved.
As the user of this site you may/must not do any of the following without our express written consent:
- Sell, rent, republish or otherwise license or sub-license any material from this site.
- Duplicate, reproduce, copy or otherwise commercially exploit this website and the content it contains
- Edit, change, alter or modify any material,code or content on this site
- Publicly show or demonstrate any material from this website
No Warranties Express or Implied:
XboxOneGifts.com is provided “as is” with no representation or warranties of any kind express or implied. We make no warranties or representations with relation to this site or the information or details provided herein.
We make no warranty whatsoever regarding availability and accessibility of this site. We do NOT warranty that:
- This website will be available at all, or constantly available
- The information on this site is true, accurate, complete or not misleading.
- That any of the items, products or services on this site will be available, priced as described , or as described by us
This website and the information contained within is for informational and entertainment purposes only. Users must exercise their own due diligence when making any purchase or consumer decision. Nothing in this website is intended to constitute, or serve as, advice of any kind.
Indemnity and Limitations of Liability:
We will not and can not be held liable to you with relation to any of the content or information contained on this site or associated with your use of this site. You agree to hold us harmless for, and that we may not be held or considered liable for: any injury, damage or loss you might incur through your use of, or associated with your use of, this site, whether they be direct, indirect, consequential, special or otherwise.
We are not responsible for and will not be liable for any business loss, loss of revenue, loss of profit, or loss of any income or any anticipated savings. Nor are we liable for any loss of reputation, loss of goodwill, loss of contacts, loss of contracts or business relationships or any corruption or loss of information, data or reputation.
You hereby indemnify us and agree to keep XboxOneGifts.com indemnified against any and all losses, damages, liabilities, costs and expenses (including without limitation legal expenses and fees paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) or those incurred or suffered by us arising out of any breach by you of any portion of these terms and conditions or arising out of any and all claims that you have breached any provision of these terms and conditions.
Our Right to Restrict Access:
We do, can and may restrict access to certain areas of this website. We reserve our right to any and all areas of this site at our exclusive discretion without prior warning. If we provide you with a user name and password, or the means to create an account with this information, you are solely responsible for protecting the confidentiality and security of the user name and password account log in information.
We reserve the right to disable your account and your username and password without prior notice, explanation or approval.
User Generated Content:
Your “user generated content” includes any content you submit, upload, email or otherwise send or transfer to us and our site. This includes, but is not limited to:
- any other material you provide to this website regardless of purpose
Any information submitted to XboxOneGifts.com becomes our property. By using our site and submitting content to us you grant to us a non-exclusive, non-revocable, and world-wide license for us to freely change, adapt, edit, use and distribute your content. This right shall apply to any current or future format or medium.
As a user, you agree you will not submit any material or information to this site that is, or ever has been, the subject of any current, past, or threatened legal actions or proceedings.
We do not warranty that we monitor or approve of any user generated content submitted to our site. Nor do we warranty or guarantee the legal, moral or ethical appropriateness of user generated or submitted content.
We reserve the right to edit, alter or remove any user generated or user submitted material to our site or stored on our site’s webserver’s or associated hosting hardware, equipment or software. We reserve the right to edit or remove user submitted content without prior notice, approval or explanation.
Nothing in this disclaimer or terms and conditions exclude or limit any warranty, right, or matter that would otherwise implied by law or that it would be unlawful or illegal to limit or exclude.
Other Associated Parties:
You agree that we are owned and operated by a limited liability entity with an interest in limiting the personal liability of any employees, agents, officers or other individuals associate with and responsible for our daily operations. You agree you will not bring any claim personally against any of our employees, members, agents, or officers with respect to any loss you may suffer associated with your use of this site.
Without prejudice with regard to the previous paragraph, you agree that the terms and limitations of warranties described in these terms and conditions will protect us and our agents, members, officers and employees.
Severability and Unenforceable Portions or Provisions:
If any portion of these terms and conditions or disclaimer are, or are found to be, unenforceable under applicable laws it does not affect the enforceability of any other portion or provision.
If any portion or provision of these terms and conditions is determined by any court or qualified authority be unenforceable and/or unlawful, the other provisions shall continue to be enforceable and in effect. In the event that any unlawful and/or unenforceable provision would be lawful or enforceable if a portion of it were deleted, that specific portion will be deemed to be deleted, and the remainder of the provision shall otherwise continue in effect.
Transfer and Assignment of Rights:
You may NOT transfer or otherwise sub-contract your rights and/or obligations under these terms and conditions. We may transfer our rights and/or obligations described under these terms.
Law and Jurisdiction:
These terms and conditions will be governed by, and considered to be in accordance with, the governing laws applicable to the State of Michigan and any disputes relating to these terms and conditions will be subject to the the jurisdiction of applicable Courts.
We may revise these terms and condition at any time without prior notice. Please be advised that any revised terms and conditions will apply to the use of this site from their date of publication. Users would be wise to visit this page frequently to review these terms for changes and revisions and to ensure they are familiar with the current version.
The Entire Agreement:
Any questions or concerns regarding these terms and conditions can be addressed to us via email: [email protected]