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Thank you for visiting PersonalizedGiftsNow. These Terms of Use are signed between you and the owner of PersonalizedGiftsNow, whichapply to the website, mobile applications and related services (collectively, the "Services") provided by PersonalizedGiftsNow. You agree that your use of any Service signifies that you have read and agree with the rules, guidelines, policies, terms, and conditions applicable to such services, the Terms of Use and our Privacy Policy. PersonalizedGiftsNow reserves the right to change this site and these terms and conditions at any time.

Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in the Terms of Use. Please read the following carefully before proceeding.

 

Use of Services

Subject to your compliance with the Terms of Use, PersonalizedGiftsNow grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the PersonalizedGiftsNow Services. This license does not include any resale or commercial use of any PersonalizedGiftsNow Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any PersonalizedGiftsNow Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Terms of Use or any Service Terms are reserved and retained by PersonalizedGiftsNow or its licensors, suppliers, rightsholders, or other content providers. No PersonalizedGiftsNow Service, nor any part of any PersonalizedGiftsNow Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PersonalizedGiftsNow. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PersonalizedGiftsNow without express written consent. You may not use any meta tags or any other "hidden text" utilizing PersonalizedGiftsNow’s name or trademarks without the express written consent of PersonalizedGiftsNow. You may not misuse the PersonalizedGiftsNow Services. You may use the PersonalizedGiftsNow Services only as permitted by law. The licenses granted by PersonalizedGiftsNow terminate without notice to you if you do not comply with the Terms of Use or any Service Terms.

You shall not upload to, distribute, or otherwise publish through the PersonalizedGiftsNow Services any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under P.R. China (for the purpose of these Terms of Use, excluding Hong Kong, Macau and Taiwan) or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

Your Account

If you use any PersonalizedGiftsNow Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the PersonalizedGiftsNow Services only with involvement of a parent or guardian. PersonalizedGiftsNow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

Your Information

You agree to provide true, accurate, complete and valid personal information when registering an account and using your account of the PersonalizedGiftsNow Services, and timely update such information. Otherwise you must bare corresponding responsibility and consequences by yourself, and PersonalizedGiftsNow reserves the right to stop providing PersonalizedGiftsNow Service to you.

You agree and confirm that PersonalizedGiftsNow has the right to inform you the order information and sales promotion information through email, SMS and phone calls.

You agree and confirm that PersonalizedGiftsNow has the right to log in your account in order to preserve evidence, including but not limited to notarization and witness.

 

Electronic Communications

When you use any PersonalizedGiftsNow Service, 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, by posting notices on the Websites or through the other PersonalizedGiftsNow Services. 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.

 

Reviews and Comments

Except as otherwise provided elsewhere in the Terms of Use or in any Service, anything that you submit or post to the PersonalizedGiftsNow Services , including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to PersonalizedGiftsNow without charge and PersonalizedGiftsNow shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of PersonalizedGiftsNow and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by PersonalizedGiftsNow in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. PersonalizedGiftsNow assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the PersonalizedGiftsNow Services, you also grant PersonalizedGiftsNow the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post in the PersonalizedGiftsNow Services and that use of your reviews, comments, or other Content by PersonalizedGiftsNow will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead PersonalizedGiftsNow or third parties as to the origin of any Submissions or Content. PersonalizedGiftsNow may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

 

Copyright

All content included in or made available through any PersonalizedGiftsNow Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of PersonalizedGiftsNow or its content suppliers and protected by P.R.China and international copyright laws. The compilation of all content included in or made available through any PersonalizedGiftsNow Service is the exclusive property of PersonalizedGiftsNow and protected by P.R.China and international copyright laws.

 

Trademarks

PersonalizedGiftsNow, PersonalizedGiftsNow.com, and other PersonalizedGiftsNow graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PersonalizedGiftsNow Service are trademarks or trade dress of PersonalizedGiftsNow in the U.S. and other countries. PersonalizedGiftsNow’s trademarks and trade dress may not be used in connection with any product or service that is not PersonalizedGiftsNow’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PersonalizedGiftsNow. All other trademarks not owned by PersonalizedGiftsNow that appear in any PersonalizedGiftsNow Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PersonalizedGiftsNow.

 

IP rights Complaints

PersonalizedGiftsNow respects the intellectual property of others. It is the policy of PersonalizedGiftsNow to take appropriate action where necessary to uphold and recognize all relevant P.R.China and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that any content in the PersonalizedGiftsNow Services has infringed your IP rights, please follow our email: service@PersonalizedGiftsNow.com to send the following information.

 

Information required

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  • A description of the allegedly infringing work or material;
  • A description of where the allegedly infringing material is located on the site (product(s) URL);
  • Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
  • Identification of the intellectual property rights that you claim are infringed by the Services(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
  • A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the IP right owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

 

Product Descriptions

PersonalizedGiftsNow attempts to be as accurate as possible. However, PersonalizedGiftsNow does not warrant that product descriptions or other content of any PersonalizedGiftsNow Service is accurate, complete, reliable, current, or error-free. If a product offered by PersonalizedGiftsNow itself is not as described, your sole remedy is to return it in unused condition.

 

Orders

When making an order, please carefully confirm the information such as the name, price, quantity, model, standard and size of the product you propose to purchase and the name, address and phone number of the consignee. If the consignee is any person other than you, the action and intention of the consignee shall be deemed as yours, and you take full responsibility for the action and intention of the consignee.

Please note that there may be certain orders that we are unable to accept and must cancel. PersonalizedGiftsNow reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Due to market changes and various uncontrollable factors despite reasonable commercial efforts, PersonalizedGiftsNow does not guarantee all the products you propose to purchase of goods are in stock. If the products you propose to purchase are out of stock, you have the right to cancel the order.

Making a valid order in PersonalizedGiftsNow Services only constitutes the receipt of your order by our system. Only when PersonalizedGiftsNow make the shipment of the product you purchase, the purchase contract between you and PersonalizedGiftsNow with respect to the product PersonalizedGiftsNow has shipped establishes.

 

Pricing in Different Currencies

Pricing of products sold by PersonalizedGiftsNow Services is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency in the PersonalizedGiftsNow Services, other than on the individual product page, may not be the most current. Areas of the Services where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to PersonalizedGiftsNow, excluding shipping.

 

Delivery

PersonalizedGiftsNow will ship you the products to the address you assigned. You can find detail information at our Shipping info . Please note that the delivery time you may see in PersonalizedGiftsNow Services is just for reference, we will try our best but we do not guarantee the delivery speed and time.

PersonalizedGiftsNow does not assume any responsibility of late delivery if the order is delayed or undeliverable due to the below reasons:

  • The information or address is not accurate or detailed enough;

  • No one is there to sign for the receipt of the product when it is delivered to the assigned address;

  • Change of circumstance;

  • Force majeure.

 

Risk of Loss

All products purchased from PersonalizedGiftsNow Services are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

 

Returns, Refund and Title

PersonalizedGiftsNow does not take title to returned products until the product arrives at our designated fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, PersonalizedGiftsNow does not take title to the refunded product. For more information about our returns and refunds, please see our Refund / Return Policy.

 

Payment

At this stage, you need a Paypal account to pay when purchasing products in PersonalizedGiftsNow Services. In case of refund, relevant refund will also be paid back to your Paypal account. We will make direct credit card pay available as soon as possible.

 

Links

TheServices may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that PersonalizedGiftsNow is not responsible for the operation of or content located on or through any such site.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE PersonalizedGiftsNow SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PersonalizedGiftsNow SERVICES ARE PROVIDED BY PersonalizedGiftsNow ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PersonalizedGiftsNow MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PersonalizedGiftsNow SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PersonalizedGiftsNow SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PersonalizedGiftsNow SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PersonalizedGiftsNow DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PersonalizedGiftsNow DOES NOT WARRANT THAT THE PersonalizedGiftsNow SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PersonalizedGiftsNow SERVICES, PersonalizedGiftsNow 'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PersonalizedGiftsNow ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PersonalizedGiftsNow WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PersonalizedGiftsNow SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PersonalizedGiftsNow SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Disputes

The execution, effectiveness, construction, performance, amendment and termination of these Terms and the resolution of disputes hereunder shall be governed by the laws of P.R.China. Any dispute or claim relating in any way to your use of any PersonalizedGiftsNow Service, or to any products or services navigated by PersonalizedGiftsNow or through the Websites will be resolved by binding arbitration, rather than in court. Any Party may submit the relevant dispute to the Shanghai International Arbitration Center for arbitration, in accordance with its then-effective arbitration rules. The arbitration shall be conducted in Shanghai, and the language used during arbitration shall be English. The arbitration ruling shall be final and binding on both Parties.

 

Remedies

You agree that PersonalizedGiftsNow 's remedy at law for any actual or threatened breach of this Terms of Use would be inadequate and that PersonalizedGiftsNow shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that PersonalizedGiftsNow may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of PersonalizedGiftsNow shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by PersonalizedGiftsNow of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

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