PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
GizmoCase, together with its subsidiaries and affiliates, provides you access and use of our websites, including GizmoCase.com and other Internet sites, mobile applications, and social media sites operated by or for GizmoCase, subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing, and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.
A. Related Policies and Terms
Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms.
The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with GizmoCase for products, services, or otherwise.
B. Modification of Site Terms
GizmoCase reserves the right to modify these Site Terms in our sole discretion from time to time and only GizmoCase has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.
C. Indian Usage
The Site is operated by an Indian entity. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
D. Changes, Misprints, Errors and Cancellations
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Where required by law, taxes applicable to merchandise you are purchasing will be added to your order.
E. Passwords and Security
If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify GizmoCase immediately. GizmoCase reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While Costco takes prudent steps to protect your account and the Sites, it cannot protect your information outside of the Sites. For example, when GizmoCase communicates with you via unencrypted email from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. GizmoCase may rely on the authority of anyone accessing your account or using your password and in no event will GizmoCase be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of GizmoCase under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
F. Intellectual Property
1. Ownership
All Site Materials are owned by us and others and are protected by India and international copyright, trademark and other laws.
2. Trademarks
All trademark and their respective designs and/or logos are either trademarks or registered trademarks of GizmoCase and may not be copied, imitated or used, in whole or in part, without the prior written permission of GizmoCase . In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of GizmoCase, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GizmoCase. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
3. Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of GizmoCase or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of GizmoCase, is strictly prohibited.
G. Submissions
1. Your Information
If you register on the Sites, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information if it changes.
2. Restrictions for Submissions
By using the Sites, you agree not to do any of the following:
i. Upload to, distribute, create through or otherwise publish through the Sites any Submission (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
ii. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
iii. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
iv. Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
v. Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
vi. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
3. Policies and Enforcement
All access to and use of the Sites are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on the Sites. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. GizmoCase has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Sites and related services at any time, and block, remove or edit any communication and materials that GizmoCase believes in its sole discretion may violate applicable law, the Site Terms or a third party’s rights. GizmoCase takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
4. Responsibility for Your Conduct
You represent and warrant that you have and will retain all rights necessary to grant the licenses to GizmoCase under these Terms. You remain solely liable for the Content or other information you upload or transmit to the discussion forums or interactive areas of the Sites, including the Photo Services. You agree to indemnify and hold harmless GizmoCase and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including legal fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions (including Content and Photo Content), your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Sites on your behalf or arising out of your violation of these Site Terms.
H. Children
You must be at least 13 years of age to access or use the Sites. This website is designed for and intended for use by adults. If you are under 18, you may use the Sites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of the Sites.
I. Termination
Not withstanding any of the Site Terms, GizmoCase reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms or GizmoCase’s policies. Upon termination, these Site Terms shall still apply.
J. Severability
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
K. Contact Us
If at any time you need assistance or are experiencing difficulties using the Sites, Please Contact Us.
