NoFruitcake Terms and Conditions of Use

By accessing or otherwise using this Web site, you agree to be bound by these terms and conditions of use.

Changes to the Terms and Conditions
NoFruitcake may change these terms and conditions of use at any time, without prior notice. If you access or use the Web site after a change is posted, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.

Access and Use of the Web site
NoFruitcake grants you a limited authorization to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This authorization terminates automatically if you breach any of these terms and conditions of use.

Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Restrictions on Use of the Web site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without NoFruitcake's prior written permission.

The following activities are also expressly prohibited without NoFruitcake's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.

Posting and Transmitting to the Web site
Except for information that is subject to the NoFruitcake Privacy Policy, NoFruitcake will not treat information you post or transmit to the Web site as confidential or proprietary. By sending information to NoFruitcake through the Web site (by transmitting, posting, or otherwise), you agree that NoFruitcake may use that information in any way, for any purpose, including NoFruitcake's own commercial purposes, subject only to the NoFruitcake Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. NoFruitcake reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

Accuracy of Information and Disclaimer of Warranty
NoFruitcake has made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided "as is"; neither NoFruitcake nor its representatives make any representation or warranty with respect to the content.

NoFruitcake and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose.

Limitation of Liability
Under no circumstances will NoFruitcake or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. You access and use this Web site at your own risk.

Links to this Web site
NoFruitcake grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray NoFruitcake or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the NoFruitcake logo, NoFruitcake trademark, or NoFruitcake's name or trademarks, or other proprietary graphic in the link without the prior written permission of NoFruitcake.

Links to Third Party Web sites
NoFruitcake does not review or control third party Web sites that link to or from the Web site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

Ownership
The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by NoFruitcake or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners. Some images are courtesy of our suppliers. You may need to obtain the authorization of the owner of such materials before using them for any purpose other than viewing on the web.

It is your responsibility to obtain any authorizations to use an image or text that may be required; NoFruitcake cannot give you such authorization. We cannot guarantee that the NoFruitcake service will not locate unintended or objectionable content and NoFruitcake accepts no responsibility or liability for the content of any images or text included in any NoFruitcake wishlist or is otherwise linked to by the NoFruitcake services, or for your use of such content. NoFruitcake reserves the right to remove any pictures or content without notice to you, any other user, or any third party.

You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying our sites and services is the property of NoFruitcake, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.

Copyright Infringement

You may need to obtain authorization of the owner of images made available via the NoFruitcake Service before using them; for authorizations to use an image, please contact the image owner as indicated on the source site, not NoFruitcake. NoFruitcake cannot give you authorization to use copyrighted images.

We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our site has designated an agent to receive notices of claims of copyright infringement: Jonathan Wilcox, 8405 Pulsar Place, Suite 180, Columbus, OH 43240.

For Use in the United States
This Web site is controlled and operated by NoFruitcake from its offices within the United States. NoFruitcake does not represent that the Web site is appropriate or available for use elsewhere; access to the Web site from locations where its contents are illegal is not authorized. If you access this Web site from outside the United States, you do so on your own initiative and at your own risk.

Privacy
Please review the NoFruitcake Privacy Policy, which also governs your visit to this Web site.

Effective Date: 5/1/2008

NoFruitcake, LLC
8405 Pulsar Place
Suite 180
Columbus, OH 43240
USA