By visiting or shopping at the IdeaEdge, Inc. (“IdeaEdge,” “we” or “us”) website located at www.americanidolgifts.com, and all associated sites linked to www.americanidolgifts.com by IdeaEdge (collectively, the “Websites”) you certify that you understand and agree to be expressly bound to the following Terms and Conditions and our Privacy Policy (collectively, the “Agreement”) and to follow this Agreement and all other applicable laws governing the Websites. The terms and conditions below shall supersede any subsequent terms and conditions included with any purchase order. IdeaEdge, Inc. reserves the right to change this Agreement at any time, effective immediately upon posting on our Website at www.americanidolgifts.com. You agree to be bound to any changes to this Agreement when you use our Websites after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. The term “you” refers to the User or viewer of our Websites. If you violate this Agreement, we may bar you from use of our Websites and/or take appropriate legal action against you. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE OUR WEBSITES AND DISCONTINUE USE OF OUR WEBSITES IMMEDIATELY.
Copyrights and Trademarks of IdeaEdge
AmericanIdolGifts.com is owned and operated by IdeaEdge, Inc. All materials appearing on our Websites, including the site design, logos, icons, images, graphics, and text, as well as the selection, assembly and arrangement thereof are either the sole property of IdeaEdge, or are used with express permission of their respective owners. You may use, view, download, print and retain a copy of pages of our Websites only for your own personal use. Except as expressly provided above, you may not download, upload, copy, print, display , reproduce, republish, license, post, transmit or distribute any information from any of our Websites, in whole or in part, without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Websites you may contact us at information@americanidolgifts.com. All rights not expressly granted herein are reserved.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Websites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Websites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to use any “deep-link,” “page-scrape,” “robot,” “spider” or any other manual process or automatic device, algorithm, program, or methodology to access, acquire, copy or monitor any portion of the Websites or any content, for any purpose, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Websites, unless specifically authorized by us to do so. The content and software on our Websites are the property of IdeaEdge and is protected by U.S. and international copyright laws.
The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. If you have any questions, you may contact us at information@americanidolgifts.com.
By visiting our Websites you represent and warrant that: (i) IF YOU ARE PLACING AN ORDER ON OUR WEBSITES, YOU ARE AT LEAST 13 YEARS OLD, or, IF YOU ARE NOT AT LEAST 13 YEARS OLD, YOUR PARENTS ARE PLACING THE ORDER FOR YOU; (ii) you are a resident of the United States; and (iii) that all materials of any kind submitted by you through the Websites or for inclusion on the Websites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
You represent and warrant that, should you make a purchase on our Websites not covered by a gift card, you will use only a credit card which you are legally authorized to use.
During the check out process you will be asked to select a unique password for future use of our Websites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Websites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of IdeaEdge, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at information@americanidolgifts.com of any potential unauthorized use(s) of your account, or breach of security.
You represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that IdeaEdge in its sole discretion deems offensive.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your gift card and/or credit card charged. If you have already been charged for a purchase and the order is cancelled, we will immediately credit the card (gift card or credit card) that was originally charged.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
Online Retailers are only required to collect sales tax in states where they have physical business operations. IdeaEdge currently has physical operations in California and Texas. IdeaEdge will not collect sales taxes for any other state. IdeaEdge will pay the sales taxes for orders being shipped to California or Texas.
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.
Our Websites may contain links to other sites operated by third parties. IdeaEdge has no control over third-party sites, is not responsible for the content, accuracy or opinions expressed on such sites, cannot guarantee the content of such sites is accurate, legal, and/or inoffensive, and in no way investigates, monitors or checks such sites . Inclusion of any linked website on our Websites does not imply approval or endorsement of the linked third-party sites by IdeaEdge, and we do not warrant that they do not contain viruses or other features that may harm your computer. WHEN YOU ACCESS THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. If you use our Websites to link to a third-party site, you understand and agree that you may not make any claim against us for any damages or losses resulting from linking to and/or using said site. If you have a problem with a link from our site, however, please notify us at information@americanidolgifts.com.
IdeaEdge assumes no responsibility for monitoring our Websites for inappropriate conduct, or content posted, by third parties. If at any time IdeaEdge chooses, in its sole discretion, to monitor our Websites, IdeaEdge nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the third-party submitting any such content.
If we believe you have violated this Agreement, we may, without prior notice, terminate your access to and use of services provided by our Websites.
By providing User Content to us, which includes submitting or uploading content or materials for use on the Websites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Any communication or materials you send to us will be treated in conformance with our Privacy Policy.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Websites and your purchase of products through our Websites. We may, at our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of this Agreement we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and take appropriate enforcement action. During such an investigation we may suspend services to any User, customer, or viewer being investigated, and/or remove any material from our site. You agree to cooperate fully with any such investigation. You acknowledge that violations of this Agreement could be subject to criminal or civil penalties.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Downloading or using any software from or in conjunction with our Websites is at your sole risk.
Your privacy is important to us, and we make efforts to protect the privacy of all Users of our site. Our Privacy Policy is part of our Terms and Conditions and is here incorporated by reference. Click here to view our Privacy Policy.
If you are notifying IdeaEdge of alleged copyright infringement, please be sure to provide our Copyright Agent with the following information, as required by 17 USC Section 512:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of they copyright interest;
2. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. A description of the allegedly infringing material and information sufficient to permit us to locate the material on our Websites;
4. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
5. A written statement by you that you have a good faith belief that disputed use is not authorized by the copyright owner, or its agent, or the law; and;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
IdeaEdge’s Copyright Agent for Notification of Claimed Copyright Infringement is:
Copyright Agent
6440 Lusk Blvd. Ste. 200
San Diego, CA 92121
(858) 677-0080 - Phone
(858) 677-0180 - FAX
information@americanidolgifts.com
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by email or otherwise through or in conjunction with our Websites. Please note that Feedback shall be considered non-confidential and become the property of IdeaEdge. By submitting Feedback to us, you agree to a no-charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We are free to use Feedback on an unrestricted basis.
IdeaEdge has developed its Websites to be a safe and enjoyable experience for customers of all ages, including children under the age of 13. While children under the age of 13 are welcome to use our Websites, CHILDREN UNDER THE AGE OF 13 MUST HAVE THEIR PARENTS PLACE ORDERS ON OUR WEBSITES FOR THEM. To submit an order wherein the total price is not paid with a gift card, you must have a valid credit card and full authority to use it. You agree not to use our Websites or any content contained in it for any illegal or inappropriate activities.
IdeaEdge will ship orders using an appropriate shipping method based on your selection type during checkout. For more information on estimated shipping times and cost, please see our Shipping Policy. Please note that times on this page are estimates. We cannot guarantee time of delivery.
IdeaEdge is not responsible for products delivered to incorrect addresses supplied by you, unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by you, or product quality problems caused by improper handling by the recipient.
IDEAEDGE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDEAEDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITES. IDEAEDGE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. IDEAEDGE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY PART OF OUR WEBSITES OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USE OF OUR WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IDEAEDGE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IDEAEDGE, INC. DOES NOT WARRANT THAT OUR WEBSITES, ITS SERVERS, OR E-MAIL SENT FROM OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDEAEDGE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR WEBSITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IDEAEDGE, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IDEAEDGE, INC. HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU AGREE THAT IDEAEDGE, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD-PARTY WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILTY DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Our Websites may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Websites are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor, nor are we responsible for the goods or services provided by any advertiser or sponsor.
You agree that any legal action brought against us shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Diego, and waive any objection to such jurisdiction or venue. Either IdeaEdge or you may demand that any dispute between IdeaEdge and you about or involving our Websites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, CA, USA, provided that the foregoing shall not prevent IdeaEdge from seeking injunctive relief in a court of competent jurisdiction.
IdeaEdge operates and administers the www.americanidolgifts.com website from its location in San Diego, California, USA. Other IdeaEdge Websites may be operated and administered from various other locations within the United States, or from outside the United States. Although our Websites are accessible worldwide, we make no representations that the content in our Websites is appropriate for access outside the United States. Not all features, products or services discussed, referenced, provided or offered through or on the Websites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Those who choose to access any one of our Websites from outside the United States do so of their own initiative and are responsible for complying with applicable local laws. IdeaEdge reserves the right to limit, in its sole discretion, the provision and quanity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on our Websites is void where prohibited.
By using our Websites, you agree to indemnify and hold IdeaEdge its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of such Websites, including providing a link to another site or uploading any content to such site, in violation of this Agreement and/or arising from a breach of this Agreement and/or if any use by you of our Websites causes IdeaEdge to be liable to another.
This Agreement is accepted by you upon your use of our Websites, and constitutes the entire agreement between you and IdeaEdge regarding the use of our Websites. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. The failure of IdeaEdge to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Section titles within this Agreement are for convenience and do not define, limit, or extend any provision of the Agreement.
If you have any comments or questions, please do not hesitate to contact our Corporate Office:
IdeaEdge, Inc.
6440 Lusk Blvd. Ste. 200
San Diego, CA 92121
1-858-677-0080 – Phone
1-858-677-0180 - Fax
information@americanidolgifts.com