Laika Works LLC, doing business as Christmas Gifts from Germany (CGFG), reserves all rights to change this agreement or change, adjust or delete any of the products or offerings described on the website at any time without notice or liability. Any such revisions are binding on you. Therefore, you should periodically visit this page when you use our website so you and read and understand the then existing agreement that binds you. CGFG also reserves the right in its sole discretion to deny you access to the website at any time or to decline to do business with you.
If you use the website and engage in business with us, you represent and warrant that you are at least 18 years of age or older. You also represent that you possess the legal right and ability to enter into this agreement. Further, you represent and warrant that you will use the website in accordance with this agreement. You accept financial responsibility for all use of the website and for doing business with us under your name or account. This includes, without limitation, all uses of your account by others, including minors living with you.
The website is for your personal, non-commercial use. You agree that you will not use the website for any other purpose. We provide our website “as is,” with no warranties whatsoever, express or implied, regarding the content of this website or of any links provided by this website.
CGFG furnishes the website for the sole purpose of permitting you to determine the availability of goods and services we offer, to review information about the foregoing, and to transact business with us. The website is provided for no other purposes. The content on this website may contain typographical errors and/or inaccuracies and may require updating. CGFG may alter, amend, change, delete or improve the content at any time and without notice.
All warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose or use, use and safety of the products and non-infringement of proprietary rights are disclaimed to the fullest extent permitted by law. We strive to maintain the website with the most accurate, comprehensive information possible, however, the content of the CGFG website is not guaranteed to be complete, accurate, or available.
CGFG neither warrants nor represents that the use of lighted candles is safe. By using the website, engaging in business with us and using our products, you acknowledge that we do not recommend the use of lighted candles on your Christmas tree, which can pose a risk of fire and a hazard to people and property. You acknowledge that CGFG assumes no liability or responsibility whatsoever for the use or misuse of our products or accidents involving the products. CGFG and its affiliates shall in no event be liable for any monetary amount, including special, incidental, direct, indirect or consequential damages or claims resulting from your use of the products we sell, for the use by anyone of our products, or for the use of the CGFG website,
This website may from time-to-time contain links and pointers to websites maintained by others. CGFG has not reviewed all such third-party websites linked to our website. We are not in any way responsible for the contents of or any products or services offered by these third-party sites.
Any account information maintained through this website is owned by and is proprietary to CGFG. You may not give access to your account to any person or entity other than a member of your household or a person whom you directly supervise. You agree to supervise all minors who use the website under your name or account. You further agree not to assign, transfer, or sublicense your rights pursuant to this agreement.
CGFG and its affiliates shall in no event be liable for any monetary amount, including special, incidental, direct, indirect or consequential damages or claims resulting from a third party’s unauthorized access to your information, even if we are notified of the possibility of such claims or damages.
Without limiting the generality of the foregoing, CGFG neither warrants nor represents that use of information and material on the website by you will not infringe upon the intellectual property rights of third parties.
While CGFG takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information. CGFG and its affiliates shall in no event be liable for any monetary amount, including special, incidental, direct, indirect or consequential damages or claims resulting from a third party’s unauthorized access to your information, even if we are notified of the possibility of such claims or damages.
Should unauthorized access occur, you agree to pay all charges incurred, to cover all liabilities arising from such access, and to be responsible for all other aspects of the unauthorized usage.
Further, CGFG shall not be liable for any virus or other damage to your computer equipment or other property arising from your access or use of the website or from your downloading any audio, data, images, materials, pictures, text or video from the website.
You agree that you will not misuse the CGFG website. Without limiting the generality of the foregoing, you agree not to do any of the following:
– Upload files that may damage another person’s computer, such as computer viruses, corrupt files, or similar software. Upload files or material in violation of intellectual property or other rights of others or without appropriate attribution or that cannot be legally uploaded.
– Download content from this Site other than for your personal use. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material. Use the Site for any commercial purpose.
– Defame, abuse, stalk, harrass, threaten, or otherwise violate other people’s legal rights, including but not limited to rights of privacy and publicity.
– Disseminate, post, distribute or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of: age, marital status, medical condition, mental or physical disability, ancestry, color, ethnicity, national origin, race, sex, sexual orientation or any other basis protected by federal, state, or local law or ordinance.
– Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to CGFG and its affiliates. Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the website.
Should the website furnish on-line chat session capability, you may use these functions only for purposes related to transacting business with CGFG. CGFG may monitor, record, and/or transcribe the contents of these communications to monitor quality assurance and compliance with this agreement. By engaging in these sessions, you agree to this. Such records may be kept indefinitely or disposed of at our discretion.
If you use any forums, conferences, bulletin boards, chat rooms or other communication or message facilities (collectively referred to as “forums”) contained on the Site, you will do so only to send and receive material and messages that are proper and related to the particular forum. You further agree that you will use the forums in a way that is consistent with this agreement and in conformity with all applicable laws.
CGFG, in its sole discretion, reserves the right to remove any content on the Site, including anything you post in a forum. We may do this without notice. Any use by you of a forum constitutes a public communication. CGFG owns any and all information or material that you post and you hereby waive all of the rights you have to any information or material that you post on a forum. CGFG is permitted to do whatever it wishes with this information or material, including but not limited to deleting or editing for any reason any posting by you. You further acknowledge that CGFG does not endorse or sponsor any information or material posted by you or any other forum user, and that CGFG is not responsible for reviewing or approving any such information or material.
The contents of this website (logos, information, images, design, and other materials) are copyrighted by CGFG and Laika Works or other content providers. CGFG specifically denies you permission to hyperlink or provide references to the website, unless this is under a separate written agreement with us. CGFG has no responsibility for sites that provide hyperlinks or references to our website, unless such sites are operated by CGFG. You may not download or display or distribute content from this website except for the opurpose of using such content for your personal use in connection with transacting business with us.
You agree to indemnify, defend, and hold harmless CGFG and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, losses, obligations, taxes, levies, fines, judgments, settlements, damages, deficiencies, penalties, expenses (including accountants fees and legal fees and disbursements) and costs (collectively referred to as, “claims”), based on, arising out of or resulting from doing business with us, the use of products we provide, your use of the website, or the unauthorized use of the website, including, without limitation, any claims alleging facts that if true would constitute your breach of this agreement.
If you believe any materials accessible on or from this website or the service or products we offer infringe your copyright or other intellectual property, you may request removal of those materials by contacting our copyright agent (identified below) and providing:
– Your name, address, telephone number and email address, signature of the copyright holder or authorized representative.
– Identification of the copyrighted work or material that you believe to have been infringed. Please also describe the work and include a copy or the location of an authorized version of the work.
– A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law, including a statement that the information you have provided is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
The agent for copyright issues relating to the CGFG website and the products we provide is:
Christmas Gifts from Germany, Copyright Manager, 6920 Boyer Street, Philadelphia, PA 19119 USA. Email: info AT christmasgiftsfromgermany DOT com
This agreement governing your use of the CGFG website and your doing business with our company shall be governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to any possible conflict with the laws or provisions that would cause the application of the substantive laws of another jurisdiction. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Pennsylvania County, the Commonwealth of Pennsylvania, USA, in all questions and controversies arising out of your use of this website and this agreement, and arising from your business with us and/or the use of our products.
This agreement constitutes the entire agreement governing your access to, dealings with, and use of the CGFG website. It also constitutes the entire agreement governing your business with us, including transactions, provision of products and your use of the products. Separate agreements may relate to any goods, products, or services you obtain or acquire from CGFG, whether through this website or otherwise, but these are valid only in writing anf if so identified.
Any failure of CGFG to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will not affect the validity or enforceability of any other provision.