TERMS AND CONDITIONS

This agreement (the "Agreement") describes the general Terms and Conditions (the "Terms") on which Unitemenet LLC and its affiliates (collectively “Unitemenet“, "WujWuj.com," "we," or "us") offers you ("you," "your," or "User") access to WujWuj.com (the "Service" or "Site") and any other affiliated WujWuj.com web sites and to the services provided on this web site and other affiliated web sites. By registering or converting and distributing/uploading any artistic or literary work, asking a question, providing an answer, or reading a previously-asked question or answer, you are indicating that you agree to be bound by these Terms, as well as all other applicable laws, statutes, ordinances and regulations concerning use of the Services. If you do not accept the Terms as stated, you may not use the Service.

WujWuj.com reserves the right to modify this Agreement at any time by converting and distributing the amended terms on the Site. It is your responsibility as a User of the Site to return periodically to this page to review this Agreement for modifications. The home page link to this page includes reference to when this Agreement was last revised. Unless otherwise specified below, all Terms take effect automatically when they are initially converting and distributing/uploading to the Site. Your continued use of the Site following any amendment will constitute your agreement to such amendment.

1. NATURE OF THE SERVICE

This Site is allows a user to log in to the Website and view potential gifts and purchase one or more gifts (the "Gift") for himself/herself or another to be delivered around an occasion.

YOU USE THE SERVICE AT YOUR OWN RISK.

(a) Responsibility for Galleries or Messages. The Service is only a means for converting files to and from various formats — we are a service provider that maintains a site that acts as a utility for you and other Users to convert file types, not share or distribute files or copyrighted materials. WujWuj.com takes no responsibility for the content of files, nor does WujWuj.com have any obligation to monitor file conversions and transmission.

To report abuse of the Service, please e-mail: info@WujWuj.com.

(b) User Release of WujWuj.com. In the occasion of any dispute with respect to a transaction made or action taken or not taken by you after consulting the Service, or between User and any other User or third party, you release WujWuj.com, its agents and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, then you waive California Civil Code S.1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".

2. INTELLECTUAL PROPERTY

(a) Rights Clearances and Assignments. You will be solely responsible for obtaining all rights clearances (including any work-for-hire agreements or assignments from employees, agents, contractors, consultants or representatives needed by User to effectuate WujWuj.com's rights set forth in this Section) with respect to all Content uploaded by User to WujWuj.com in connection with this Agreement. At WujWuj.com's request, User will obtain the execution of any instrument, including from any employee or contractor, that may be appropriate to assign these rights under this Section to WujWuj.com or perfect these rights in WujWuj.com's name.

(b) WujWuj.com's Proprietary Material. The Content and all other information, data, text, graphics, images, photographs, audio and video clips, logos, icons and software appearing on the Service ("Content") are and will remain the property of WujWuj.com, our suppliers, our agents and our licensors. These materials may be used solely to the extent necessary for your authorized use of the Service, as provided in this Agreement. You may not copy, distribute, prepare derivative works from or otherwise use Content for any public or commercial purpose without the written permission of WujWuj.com.

(c) WujWuj.com's Agent to Receive Notification of Copyright Infringement Claims. WujWuj.com respects the intellectual property of others, and we ask our Users to do the same. Because of the size of our community, WujWuj.com does not and can not verify that Users have the right to convert and distribute Content. However, WujWuj.com cooperates in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us. If you believe Galleries or Messages infringes on your copyright, trademark or other intellectual property rights, please provide WujWuj.com's with a Notice of Infringement.

In the United States, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your U.S. copyright, you (or your agent) may send WujWuj.com's IP Agent a notice requesting that the item, information or material be removed, or access to it blocked.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.

3. DISCLAIMERS OF WARRANTY

WUJWUJ.COM PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WUJWUJ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY GALLERIES OR MESSAGES OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY GALLERIES OR MESSAGES; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WUJWUJ.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

4. LIMITATION OF LIABILITY

AS A CONDITION OF USING THE SERVICE, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY WUJWUJ.COM, YOU AGREE THAT WUJWUJ.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (B) THE CONTENT OF ANY GALLERIES OR MESSAGES OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND WUJWUJ.COM'S REASONABLE CONTROL. YOU AGREE THAT WUJWUJ.COM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

IN ANY OCCASION, WUJWUJ.COM'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO WUJWUJ.COM BY THE CLAIMANT, AND (B) $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

5. INDEMNITY

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Services, each User agrees to indemnify, hold harmless, and defend WujWuj.com, and each of its respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities and damages, including reasonable attorney's costs, incurred or allegedly incurred by or arising out of your breach of this Agreement, the content of any files converted and distributed by you, and/or your violation of any law or the rights of a third party.

6. PROPER USE

(a). You must independently verify all information you find on the Site.

(b). A user may log in to the Website and view potential gifts and purchase one or more gifts (the "Gift"). At the time of the purchase, the User shall pay the Gift Price plus any applicable Shipping. The Shipping Cost shall include all direct costs associated with the order such as postage, sales tax, and any applicable merchant or credit card costs. The total amount of the Shipping Cost shall be clearly disclosed to the User at the time of purchase and the User shall have the opportunity of canceling the order at that time. After the purchase the Gift List shall be automatically updated to avoid duplicate gifts. Once a gift has been purchased, The website shall either order the gift from the appropriate merchant or credit the User's account in accordance with the procedures set forth below (the "Order").

(c). A Partial Purchase takes place when a User contributes an amount (the "Price Paid") towards the Gift that is less than the Gift Price. When a User makes a Partial Purchase, the Price Paid shall be added to the amounts already paid (the "Balance"). When the Balance equals the Gift Price, The website shall order the gift from the appropriate merchant in accordance with the procedures set forth below (the "Order").

(D). The Order shall be automatically sent to a Merchant for processing one to two weeks before the Occasion Date. If the gift is out of stock or otherwise unavailable, the Member Merchant may at its option (1) contact the gift recipient to see if they would like to substitute a different gift or accept store credit; (2) cancel the transaction and issue a refund to the gift giver; or (3) cancel the transaction and issue a Cash Refund to the User. If a Cash Refund is issued to the User, the amount is credited to the User's account. At any time, the User may click on the "Settle Website" button and a check will be issued for the cash balance of the account. Cash Refunds include only the price of the gift and not the shipping.

Notwithstanding the above paragraph, the User may at any time email the website to request that a Manual Order be placed immediately. Upon the receipt of such a request, the website shall do its best, in good faith, to place the Manual Order as soon as possible.

If for any reason the website is unable to place the order, then the website shall notify the User and issue a Cash Refund to the User's account. At any time, the User may click on the "Settle Website" button and the website shall issue a check for the cash balance of the account.

The website does not guarantee that the gift will be available at the time of purchase at the Gift Price. Merchants adjust their inventories from time to time and the gift may not be available at the time the website places the order. The website has no obligations to monitor inventory levels until the item is in stock again. Should the item be available again the website is under no obligation to reorder the item. Merchants change the price of their products from time to time and it is the User's responsibility to monitor price changes and update the price when necessary. If the price of the gift from the Non-Member Merchant is more than the Gift Price at the time The website places the Order, then The website shall be unable to order the Gift and shall notify the User and issue a Cash Refund to the User's account.

F. An Incomplete Partial Purchase is defined as a gift where the Balance is greater than zero but less than the Gift Price. The User may request a return of all Incomplete Partial Purchases by emailing the website and requesting a refund of funds deposited.

G. Before an order has been sent to the Merchant, the User may request that the order be canceled and a Cash Refund issued to the account. The website shall accommodate these requests as a courtesy and shall not be liable for any loss or damage caused by any delay in cancellation request processing. After an order has been sent to the Merchant, the User must contact the Merchant directly for returns or refunds, and shall be subject to the Merchant's return policies. Cash Refunds are limited to the gift price only.

H. We do not charge a set up cost to use the website. There is a X% service cost charged on all gift transactions. There are no additional costs if the buyer purchases a gift by check. If a buyer uses a credit card to make a purchase, then a standard credit card cost will be charged to the buyer. This cost is charged by and given directly to the Credit Card processing company. This keeps the credit card holders information secure.

I. If you change your occasion date, you are responsible to log into your account and revise your occasion date information as the Order shall be automatically sent to a Merchant for processing one to two weeks before the Occasion Date.

J. You acknowledge that this site makes no claims or promises regarding any and all tax obligations or consequences that may result from your activities as a User and your use of the services provided by this site. Furthermore, you agree that this site has no obligation to maintain records or provide you with documentation of your transactions with charitable/non-profit organizations for tax reporting purposes.

K. You agree not to do any of the following while using the Site:

WujWuj.com reserves the right to delete or edit Galleries or Messages, in whole or in part, from the Service at any time for any reason. WujWuj.com also reserves the right to refuse access to the Service to anyone at any time without notice for any reason. However, WujWuj.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

7. LINKS

The Site contains links to other web sites or resources. You acknowledge and agree that WujWuj.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk.

8. MISCELLANEOUS TERMS

This Agreement shall be interpreted in accordance with the laws of the State of California without regard to its conflicts of law principles. You and WujWuj.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

You agree to submit any and all controversies or claims arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, to the American Arbitration Association ("AAA") for final disposition by compulsory arbitration under AAA's Commercial Arbitration Rules and Supplementary Procedures for Commercial Arbitration. The arbitration proceeding will take place in California.

The arbitrator may, at either party's request, grant injunctive relief. The arbitral award will be your exclusive remedy for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, costs or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement.

This Agreement may only be amended as provided in the Introduction. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. At any time upon request by WujWuj.com, you agree to sign a non-electronic version of this Agreement.

In the occasion that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.

This Agreement's section headings, bold text, and capitalized text are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

This site is committed to protecting the privacy of children and to complying with the Children's Online Privacy Protection Act (COPPA). This site does not intentionally or knowingly collects personal information from children under the age of 13. Parents are requested to supervise their children's online activities and consider using available parental control tools to help provide a safe online environment. For additional information about COPPA, visit the U.S. Federal Trade Commission Web site at http://www.ftc.gov.

This Agreement is the complete and entire statement between you and WujWuj.com with respect to the subject matter hereof.