Acceptance of Terms
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
General Use of the Hosting Service
Member shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or any applicable law. Without limiting the generality of the foregoing, Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Services other than for use as expressly permitted by this Agreement. This means, among other activities, that Member agrees not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other person’s use and enjoyment of the Services. Member shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the prior written permission of Rakhingifts.com, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Services. Without limiting any of Rakhingifts.com’s rights or remedies under this Agreement or available to Rakhingifts.com at law or in equity, if Member violates any of the terms and conditions herein Member’s Service account may be terminated and Member may be subject to prosecution.
Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Disclaimer of warranties
not withstanding anything contained herein, member expressly understands and agrees that: (a) member’s use of the services, including, without limitation, the creation, use and maintenance of the member site, is at member’s sole risk. Rakhingifts.com and its suppliers provide the services, including without limitation all content, software, functions, materials and information made available on or accessed through the services and the member sites “as is”, where is and as available basis, and without any warranty, representation or condition of any kind, express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement; (b) Rakhingifts.com and its suppliers make no warranty or covenant or representation and hereby expressly disclaims all warranties and covenants and representations (i) that the services or member sites will meet member’s requirements, (ii) that the services or member sites will be uninterrupted, timely, without down-time, secure or error-free or that defects will be corrected, (iii) regarding the reliability, accuracy, completeness, validity or truthfulness of any information, material or other content obtained through use of the services or member sites; (iv) that any information, data, download available on or through hosting servers will be free of infection by viruses, worms, trojan horses, bugs, codes, or anything else manifesting destructive properties, or (v) that the quality of any products, services, information or other material purchased or obtained by member through the services will meet member’s expectations; and (c) any information, material or other content downloaded or otherwise obtained through the use of the services or member sites, is done at member’s own discretion and risk, and member will be solely responsible for any damage to member’s or third parties computer systems or loss of data that results from the download of any such information, material or other content. Furthermore, Rakhingifts.com neither warrants nor makes any representations regarding the use or the results of services and any other software / specification / documentation / application services in terms of their correctness, accuracy, reliability, or otherwise
Limitation of liability
Notwithstanding anything to the contrary in this agreement or otherwise, in no event shall Rakhingifts.com and/or its affiliates, employees, agents, representatives, licensors, customers or suppliers be liable for any indirect, punitive, special, incidental or consequential, or any other damages of any kind, arising out of or in connection with this agreement, including, but not limited to, damages for loss of use, data, or profits (however arising, including negligence) even if Rakhingifts.com or any of such parties has been advised of the possibility of damages. In addition, without limiting the generality of the foregoing or any other provision in this agreement, in no event shall Rakhingifts.com and/or its affiliates, employees, agents, representatives, licensors, customers or suppliers be liable in any respect arising out of or in connection with: (a) the use or inability to use of the services or member sites, (b) the provision of or failure to provide services or member sites, (c) any member content or other information, software, products, services or related graphics obtained or provided through the services or member sites or otherwise arising out of the creation, use or maintenance of the services or member sites, (d) statements or conduct of member or any third party on or with respect to the services or member sites, or (e) any domain name disputes arising from or relating to a domain name selected by member for use with the member site
Any comments, suggestions, proposals or other feedback (collectively Feedback Information) provided to Rakhingifts.com in connection with the operation or content of this Site shall be provided by the submitter and received by Rakhingifts.com on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Rakhingifts.com. By submitting any such information to Rakhingifts.com , you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Rakhingifts.com shall be free to use such information on an unrestricted basis.