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USE OF THIS WEB SITE AND THE SERVICES AVAILABLE ON THIS WEB SITE, IS SUBJECT TO THE TERMS AND CONDITIONS OF USE WHICH ARE SET FORTH BELOW ("TERMS OF USE"). THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN GIRAFA.COM, INC. ("GIRAFA") AND YOU, THE USER ACCESSING OR USING THE GIRAFA WEB SITE ACCESSIBLE THROUGH THE URL http://www.girafa.com (the "Site"). BY OPENING ANY PAGES OF THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY STATEMENT. SHOULD YOU DECIDE TO PURCHASE ADVERTISING ON THE SITE, YOU WILL BE BOUND BY SEPARATE AND ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. USING THIS SITE OR REGISTERING FOR ANY SERVICE AVAILABLE ON THIS SITE SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS OF USE.

Terms of Use: Girafa hereby grants you a limited, non-exclusive, non-transferable right to access and use services and information supplied and generated by Girafa on the Site (collectively, the "Service") subject to these Terms of Use.
Scope of Terms of Use: You may not use the Service to: (i) perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right; (iii) engage in commercial activities, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the Service.
Change of Terms of Use: Girafa is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, or cancel some or all of the functionality of the Service, without prior notice. Girafa may elect in its sole discretion to condition the continuation of these Terms of Use, by you accepting improvements, corrections, adaptations, conversions to more recent Service versions or any other changes to the Service, to these Terms of Use, to general terms relating, among other things, to privacy and use policies.
Copyrights: Girafa grants you the privilege of accessing and viewing the Service, text, graphics, audio, design, images, charts and other content (the "Girafa Content") on the Site solely for your personal, non-commercial use. Girafa may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Girafa Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, the "Works") are copyrighted works of Girafa and/or its licensors or suppliers, and are protected under U.S. and worldwide copyright laws and international copyright treaties. Other than the limited grant of access to and viewing of the Girafa Content set forth above, Girafa grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, performance, translation, reverse engineering, decompilation or disassembling, creation of derivative works, exporting, selling, licensing, renting, leasing, transferring or otherwise transferring rights to the Works, or remove any proprietary notices or labels on the Works, without the prior written permission of Girafa, is strictly prohibited.
Trademarks: Girafa and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of Girafa. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from Girafa. Without limiting the generality of the foregoing, Girafa specifically prohibits the use of any Mark as a "hot" link to the Site unless the establishment of such a link is approved in advance by Girafa in writing. Failure to obtain such approval shall entitle Girafa to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
Privacy Policy: Girafa respects the privacy of its users, and has created a Privacy Statement that explains users' rights and responsibilities with respect to personal information disclosed on this Site. To read our Privacy Statement, please click here.
Acknowledgments relating to Service: You expressly acknowledge and agree that:
1. The Service is in a Beta state only and may contain errors or inaccuracies that could cause failures or loss of data. Girafa does not guarantee or assume responsibility for any consequence of beta testing. Owing to the experimental nature of the Service, you are not advised to rely on the Service for any reason and shall access the Service at your own risk.
2. The functionality of the Service depends, among other things, on the availability of information by Girafa servers, net congestion and other factors. Girafa makes no warranties or guarantees as to the availability.
3. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. GIRAFA AND ITS LICENSORS AND SUPPLIERS MAKE NO, AND EXPRESSLY DISCLAIM ALL WARRANTIES ANDCONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THE SERVICE. NEITHER GIRAFA NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
4. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE IS ASSUMED BY YOU, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, LOSS OF COMPUTER DATA, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS OF USE AND THE PROVISIONS OF THIS SECTION 7 REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN GIRAFA AND YOU.
Acknowledgments relating to Information available through the Service: User expressly acknowledges and agrees that:
1. Girafa uses an automated process to retrieve information (such as images of web sites, home pages, pictures, links and the like) from the Internet for transmission to its users from Girafa's servers, and such automated process is also used to update and refresh previously collected information from time to time. As a result of this automated process, there might be a possibility that you receive information that is not up to date. Furthermore, the information that you may be exposed to, or receive, or use with, the Service is not reviewed, controlled, examined, verified or endorsed by Girafa in any way and is the sole responsibility of the person from whom such information originated. You shall be solely and entirely responsible for all information that you download, upload, send or otherwise access via the Service and you shall independently determine whether you have adequate legal rights to store, link to, browse in, or otherwise make use of such information or whether such information complies with any legal rule, including but not limited to, rules of copyright, secrecy, defamation, decency, privacy, security and export. Girafa expressly disclaims any responsibility for the content, the accuracy, integrity or quality of such information and/or products or services, nor any reliance on such information including any damage deletion erasure or other change of such information for any reason whatsoever.
2. The Service may contain features that link you to third party web sites or services. Participation in promotions or advertising of products and services found on the Service, including order, purchase, payment and delivery of any related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the specific advertiser. You decide whether to click on advertising or sponsorship banners on the Site and whether to make purchases from such third parties. You agree that Girafa will not be liable in any way for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such promotion or advertising materials on the Service.
3. The Service and the Site are intended to be used by persons that are at least 14 years old. If you are younger than 14 years old, you may not access the Site and you are specifically prohibited from downloading, registering for, or otherwise using the Service or ordering products or services from Girafa via the Site. By using the Service, you warrant to Girafa that you are above the age of 14. If you are a parent or other person charged with the care of persons younger than 14 years old, you agree to restrict access to the Site through your computers to persons who are at least 14 years old. In addition, parents and guardians of children 14 or older acknowledge that the Service is designed to appeal to a broad audience and that it is the individual parent's or guardian's responsibility, and not Girafa's, to determine whether any portion of the Service is inappropriate for his or her child. If one of your children accesses the Site and provides Girafa with personally identifiable information, please click here to contact us. Girafa will use reasonable efforts to delete all personally identifiable information regarding your child from its database.
Indemnification: You agree to indemnify and hold harmless Girafa and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms of Use or your access and use of this Site.
Limitation Of Liability:
1. Without derogating from other provisions in these Terms of Use, Girafa's liability to you or any third party arising out of or related to the use of the Service however caused and on any theory of liability, whether in contract, tort (including negligence), or otherwise will not exceed the fee, if any, paid by you for the use of the Service.
2. In no event shall Girafa be liable to anyone for any delays, inaccuracies, errors or omissions with respect to any information used received or transmitted by the Service, or for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of such information. You assume the entire risk for the accuracy, adequacy, completeness, correctness, validity and quality of any information.
3. IN NO EVENT WILL GIRAFA, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER INDIRECT OR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING WITHOUT LIMITATION DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THESERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF GIRAFA,OR ITS LICENSORS, SUPPLIERS OR AUTHORIZED DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT GIRAFA'S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $1,000.00.
4. Feedback: Any ideas or suggestions received from you about how to improve the Site, the Service or the products or services of Girafa or any of its affiliates shall be deemed a grant of permission by you for Girafa to adopt and use such ideas or suggestions without additional consideration. Any information provided by you to Girafa by email or otherwise shall be deemed to have been provided by you and received by Girafa on a non-confidential basis. With respect to all content you elect to post on the Site and any communication you direct to Girafa, you automatically grant Girafa a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and/or communication (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to sublicense such rights to third parties, subject to the provisions of our Privacy Statement.
Miscellaneous: These Terms of Use, together with our Privacy Statement and any other agreement that may be entered into by you and Girafa in connection with a specific product or service of Girafa, constitute the entire agreement between you and Girafa and supersedes any and all other agreements, representations and understandings, whether written or oral. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms of Use cannot be amended or modified by you without the prior written consent of Girafa. Girafa may modify or amend these Terms of Use and the Privacy Statement at any time without notice to you. You should regularly review these Terms of Use for any modifications or amendments to these Terms of Use as your continued use of this Site after a modification or amendment signifies your assent and agreement to these Terms of Use, as amended or modified. Girafa may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Use to any third party whatsoever, without notice to you and without the need to receive your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. These Terms of Use and your use of the Site and any products and services provided by the Site shall be governed exclusively by the laws of the United States of America and the State of New York, without regard to its conflicts of laws principles. The parties agree that the state courts located in or serving New York County, New York shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms of Use or your use of the Site or any products and services provided by the Site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms of Use waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms of Use. The headings used in these Terms of Use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms of Use.

Girafa, Inc.