Terms of Use

TERMS OF USE

Welcome to Christopher's and christophersgiftshop.com website (our “Site”).  Our Site is located under the domain name: christophersgiftshop.com.  By accessing this site or using any of the services offered on or through this site (collectively with the Site, the “Services”), you agree to be bound by the terms and conditions below (and all other operating rules and/or policies of christophersgiftshop.com that may be published on this Site (collectively, the “Terms”). 

If you do not agree to the Terms, please do not use this site.  Christopher's may from time to time modify the Terms by posting updates on the Site.  Your use of this Site following any change constitutes your agreement to be bound by the changed Terms. 

AVAILABILITY; ACCURACY

Christopher's may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content.  Christopher's may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  Certain areas of this Site may require registration and use of a password and user ID to access certain content, and will be subject to additional terms and conditions.  The information contained on this Site is provided solely for general informational purposes and is not intended to provide a complete description of all terms, conditions, and exclusions applicable to all of the products and services described.  Christopher's is not engaged in rendering legal, financial, investment or any other advice.   The information contained on this site was believed to be accurate at the time it was posted and Christopher's periodically updates the information on this site; however, Christopher's provides all information on its Sites on an “as is” and “as available” basis and takes no responsibility for the timeliness, accuracy or applicability of the information. 

ACCURATE INFORMATION

You agree to provide Christopher's current, complete, and accurate information, if required to complete requested information (“User Data”) and to maintain and update this information as required to keep it current, complete, and accurate.  You agree not to use a false or misleading name or a name that you are not authorized to use.  If Christopher's suspects that your User Data is not current, complete, or accurate, Christopher's may pursue any appropriate legal remedies.

COPYRIGHT AND TRADEMARK NOTICE

These Sites and their contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (collectively the “Content”) are protected under United States copyright laws and are the property of Christopher's.  All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, trade names, or trade dress (collectively, “Marks”) of Christopher's.   Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Christopher's is prohibited and may violate the copyright or trademark laws of the United States. 

YOUR COMMENTS 

We appreciate your comments, suggestions and other submissions you disclose to us (collectively, “Comments”).  By sending us your Comments via email, Facebook, Instagram, Google +, LinkedIn, Tumblr, and Twitter you grant Christopher's and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights. 

UNACCEPTABLE USE AND LINKING 

You shall not restrict or inhibit any other user from using the Site.  You shall not use the Site to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) distribute any harmful, vulgar, indecent, obscene, or otherwise illegal or objectionable material; (iii) spoof any third party, or forge, delete, or alter any part of TCP/IP packet header information in any e-mail; (iv) violate or attempt to violate, the security of the Site; (v) access materials not intended for you; (vi) log into a server or account which you are not authorized to access; or (vii) assist or permit any persons in engaging in any of the activities described above.  We reserve the right to investigate and to involve law enforcement authorities for any alleged or actual illegal activities involving this Site.  You shall not “deep-link” to this site, meaning that you will not create, post, display, or distribute any link to any page other than the home page of a Site, unless specifically authorized by Christopher's to do so.  You shall not display the contents of the Site on another web page through framing or in-lining without Christopher's express permission.  The Sites may contain links to third party sites.  Your use of such third party sites will be subject to the terms and conditions posted on that web site.  Christopher's assumes no responsibility for content posted by any third party or any third party web site.  The inclusion of any link on the Sites does not imply an endorsement of that web site by Christopher's.  You acknowledge that your access or use of any third party site is at your own risk.

SECURITY

You are responsible for protecting your computer against viruses, Trojan horses, or other computer programming routines intended to damage a computer’s functionality.

PRIVACY 

We respect the privacy of individuals who visit the Site.  Our Privacy Policy is incorporated herein by reference. 

DISCLAIMER 

THIS SITE, ITS CONTENTS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  CHRISTOPHER'S EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  CHRISTOPHER'S DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

INDEMNIFICATION 

You agree to defend, indemnify and hold Christopher's and each of its subsidiaries, affiliates, licensees, officers, directors, employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Sites; (ii) violation of any of these Terms; or (iii) the infringement by you, or any other person using your password and account (if applicable), of any right of any person or entity.

LIMITATION OF LIABILITY 

IN NO EVENT SHALL CHRISTOPHER'S BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THESE SITES OR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THESE SITES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF CHRISTOPHER'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Christopher's total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100). 

LAWS

These Terms are governed by the laws of the State of Maryland without giving effect to any principles of conflicts of law.  Subject to the dispute resolution terms below, any legal action between Christopher's and you related to the Terms shall be brought exclusively in a court of competent jurisdiction sitting in (or with jurisdiction over) Bel Air, Maryland.

DISPUTE RESOLUTION

Except with respect to violations of Christopher's intellectual property or proprietary rights, and except with respect to suits brought against Christopher's by third parties, you agree that any dispute involving Christopher's shall be settled by arbitration in the AAA office nearest to Bel Air, Maryland and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim of any other party.  You agree that Christopher's may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of Christopher's pending the start and/or the completion of arbitration.

GENERAL

If any provision of these Terms shall be found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  Any cause of action brought against Christopher's arising out of the Sites or the Terms must commence within one (1) year after the cause of action arose.  These Terms constitute the entire agreement between the parties. 

NOTICES

Christopher's may deliver notice to you under the Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. Mail to your address you provide (if any) to Christopher's.  You may give notice to Christopher's (except for claims of intellectual property infringement for which you may give notice according to our Copyright Notice and Procedure anytime via electronic mail to christophers@christophersgiftshop.com.

TERMINATION OR REVISION OF SERVICES

Christopher's reserves the right, at any time, to modify, suspend, or discontinue the Site, without notice, at its sole discretion.  Christopher's shall not be liable to you for any modification, suspension, or discontinuance of the Sites.  Christopher's may, in its sole discretion, refuse or restrict anyone from access to any or all of the Site at any time.