Terms Of Service
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cre8ive, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. We may change or withdraw any part of the website or may refuse you access to the website at any time if we consider it necessary.
CHILDRENS ONLINE PRIVACY PROTECTION ACT
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older.
When you place an order for the products featured on this website they will be processed through Shopify and other websites, as such Cre8ive does not dispatch, fulfill or refund any orders. Any returns, disputes and any order queries remain the responsibility of the Courier or the associated website where you finalized your order. Cre8ive does not accept any responsibility for orders placed with Shopify or any other website.
Copyright Infringement and DMCA Policy. As Cre8ive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.LoveFamilyGifts.com violates your copyright, you are encouraged to notify Cre8ive in accordance with Cre8ive's Digital Millennium Copyright Act ("DMCA") Policy. Cre8ive will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cre8ive will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cre8ive or others. In the case of such termination, Cre8ive will have no obligation to provide a refund of any amounts previously paid to Cre8ive.
This Agreement does not transfer from Cre8ive to you any Cre8ive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cre8ive. Cre8ive, www.LoveFamilyGifts.com, the www.LoveFamilyGifts.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.LoveFamilyGifts.com, or the Website are trademarks or registered trademarks of Cre8ive or Cre8ive's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cre8ive or third-party trademarks.
Cre8ive reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cre8ive may also, in the future, offer new products and/or services through the Website. Such new products and/or services shall be subject to the terms and conditions of this Agreement.
Cre8ive may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.LoveFamilyGifts.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Cre8ive if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Cre8ive's notice to you thereof; provided that, Cre8ive can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Website is provided "as is". Cre8ive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cre8ive nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Cre8ive, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cre8ive under this agreement during the twelve (12) month period prior to the cause of action. Cre8ive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless Cre8ive, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
AVAILABILITY OF OUR WEBSITE
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet-connected device.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials, and information on our website are provided on an as-is basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
Prices of products and postage costs are subject to change at any time. You will always be confirmed of the exact price you will pay before confirming your order. Cre8ive will not honor any previous prices of products or shipping under any circumstances.
Cre8ive does not accept liability (except as set out in these terms and conditions) for any errors or omissions.You will be responsible for any breach of these terms by you and if you use Cre8ive in breach of these terms you will be liable to and will reimburse Cre8ive for any loss or damage caused as a result. Cre8ive shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in, their networks and equipment.
CONFIRMATION OF TERMS
This Agreement constitutes the entire agreement between Cre8ive and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cre8ive, or by the posting by Cre8ive of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New South Wales, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New South Wales, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cre8ive may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.