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PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE
YOU SIGN UP FOR MEMBERSHIP. BY SIGNING UP FOR MEMBERSHIP, YOU AGREE TO
ABIDE BY THESE TERMS AND CONDITIONS.
She Cards is a Neon Carrot Productions Company
The following is a legal agreement between SheCards.com Network, a subsidiary
of Neon Carrot Productions, based out of Loves Park IL 61111 ("She Cards,"
"we," "us," or "our") and "you," the user of this site.
By accessing, browsing and/or using this web site ("site"), you acknowledge
that you have read, understand, and agree to be bound to these terms of
service ("Terms") and to comply with all applicable laws and regulations.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT
LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
If you do not agree to these Terms, please do not use this site.
Your Use of the site
She Cards hereby grants you a limited license to copy and use the materials,
features, and services provided by She Cards on this site (collectively
the "materials") solely for your personal, non-commercial use, subject
to these Terms. The design and layout of the site are specifically excluded
from the materials. No other use of the site or materials is authorized.
You agree that any copy of the materials (or any portion of the materials)
that you make shall retain all copyright and other proprietary notices
contained herein or therein. Framing of the site or site materials or
posting of materials on other web sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this
site may be the subject of intellectual property rights reserved by She
Cards or other third parties. Except for the limited license granted above,
nothing contained herein shall be construed as conferring to you in any
manner, whether by implication, estoppel or otherwise, any license, title,
or ownership of or to any intellectual property right of She Cards or
any third party.
Copyright Information
All of the Material available on the site is copyright © 1998-2006, Neon
Carrot Productions and its licensors, or as otherwise specified within
the site or its materials. She Cards currently utilizes copyrighted materials
from various individuals and entities. Copyright notices for such material
are set forth wherever such licensed material appears on the She Cards
site.
Trademarks
"She Card" is a servicemark for SheCards.net, a subsidiary of Neon Carrot
Productions. Use of the She Cards servicemark as meta-tags for search
engines is strictly prohibited.
Acceptable Use Policy
She Cards has adopted the following Acceptable Use Policy in order to
assure that its electronic greetings are used in a lawful and appropriate
manner. While She Cards does not ordinarily monitor the content of users'
greetings, it reserves the right to investigate reports of misuse of its
service and to protect its property and assets. The following conduct
is prohibited on the service:
- sending harassing, abusive, or threatening messages;
- sending obscene or pornographic messages or images;
- sending defamatory or libelous messages;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- acessing the membership portions of the site under another's (e.g.,
a subscription access that you did not pay for, or was not paid for
for your own use) user name and password information
- sending messages in furtherance of unlawful, criminal, or fraudulent
activity; or
- attempting to conceal or misrepresent the identity of the sender.
Violations of the She Cards' Acceptable Use Policy will not be tolerated
and may result in the sender being blocked from sending additional greetings
on the service. If the sender is a member of She Cards' subscription service,
She Cards may disable the sender's account without compensation or refund.
She Cards RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD
PARTIES, INCLUDING GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT
AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT
NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER INFORMATION,
TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION
DEEMED NECESSARY BY SHE CARDS TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE
USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE
MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY
CONSENT TO SUCH DISCLOSURES.
Spam
You may not use this site to send online greeting cards to mailing lists
to which you do not have full rights or to send unsolicited bulk or commercial
messages. In addition, the use of automated scripting-type programs that
automate the process of sending or viewing any of the materials is strictly
prohibited. She Cards reserves the right to limit, in its sole discretion
and without prior notice to you, the number of cards or messages that
you may send using the site and/or the number of recipients to which you
send such cards or messages.
You are solely responsible for your actions and communications undertaken
or transmitted using this site. Neither we nor our affiliates exercise
editorial control over your transmissions; however, we do reserve the
right to review your uploads and transmissions in order to ensure compliance
with these Terms.
Fees and Payments
You shall be responsible to pay all fees and charges incurred through
your account at the rates in effect for the billing period in which such
fees and charges are incurred, including, but not limited to charges for
any products or services offered for sale through the Service by SheCards.net
or by any vendor or service provider. At its sole discretion, SheCards.net
reserves the right at any time to offer the Service at a discount or to
provide premiums and promotions as a membership incentive. All fees and
charges shall be charged to the credit card provided as part of the registration
process and you agree to pay such charges. You shall also pay any applicable
taxes relating to use of the Service through your account.
For your convenience and to ensure that your access to the Service remains
uninterrupted, unless we hear from you, we will automatically renew your
membership at the expiration of the then-current term. You will not be
notified in advance of your impending renewal. SheCards.net reserves the
right to increase the price of the Service upon renewal without notice
to you.
To cancel your account to avoid recurring billing, please use one of the following methods:
If you originally signed up for She Cards through PayPal:
- Log in to your PayPal account.
- Click the History subtab.
- Choose the Subscriptions field from the Show dropdown menu.
- Check the From box and change the date back 2 years.
- Click Search.
- To view the details of a specific Subscription Creation, click Details in the Details column.
- At the bottom of this page, click Cancel Subscription.
- On the confirmation page, click Cancel Subscription again.
If you originally signed up for She Cards through 2Checkout:
Software Licenses
All information and software provided through the SheCards.net is and
shall remain the sole and exclusive property of SheCards.net and its licensors.
You shall not publish, broadcast, retransmit, or otherwise reproduce the
information or software in any medium, except that you may transmit personalized
messages by electronic mail for personal, noncommercial purposes, or print
only those greetings deemed as such for personalized messages in personal,
noncommercial use.
Links and Advertisements
She Cards may feature on its site, in its newsletters, or in its e-mail
communications to you links to third-party web sites. These may appear
in the form of text links, advertisements, banners, buttons, integrated
gift services, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH
THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED
IN ANY WAY WITH SHE CARDS OR NEON CARROT PRODUCTIONS. SHE CARDS MAKES
NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS,
OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL
VIABILITY OF ANY ADVERTISER. SHE CARDS WILL NOT REIMBURSE OR INDEMNIFY
YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY
SHE CARDS ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING
COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this site is provided by a
link located at another Web site. Neither She Cards nor its affiliates
makes any representations or give any warranties with respect to any information
contained in or at these other sites and neither She Cards nor its affiliates
shall be liable for any damages or injury arising from the content of
these other sites. Neither She Cards nor its affiliates endorses the individuals,
companies, or other similar entities, or any products or materials associated
with such individuals, companies, or other similar entities, that provide
a link to this site.
Creating Your Own Greetings and Photos and/or Images
She Cards may allow you to create your own greetings by uploading your
own photos, artwork and other materials. If we do and you do so, you are
subject to the conditions outlined in these Terms. When you upload photos
and/or images to the site you are indicating that you own the photo and/or
image and/or have full rights to its use.
When you upload material to the site and use it to create a greeting,
your material will be used for the transmission of your digital greeting;
however, we may also use such material in the course of performing testing,
training and/or archiving of our and our affiliates' systems and hereby
expressly reserve the right to do so.
Contests
From time to time, She Cards may sponsor contests and giveaways on its
web sites. Participation in such contests is entirely voluntary. She Cards
does not condition access to any goods or services it offers on participation
in any contest. If you elect to enter any such contest, your participation
shall be governed exclusively by the contest rules available through the
entry forms or in these Terms of Service. You agree to strictly abide
by any and all contest rules. In the event that you are awarded any prizes
or other consideration, you give She Cards permission to use your name,
likeness, portrait, recorded voice, and biographical information to advertise,
publicize, or promote She Cards, its products and services, and no additional
consideration shall be paid for such rights.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING,
BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS
(INCLUDING COLLECTIONS AND COMPILATIONS OF THEM) OR AGAINST INFRINGEMENT.
SHE CARDS IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT
THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH
RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE
ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER SHE CARDS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO,
RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY
TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION
PROVIDED AT THE SITE, EVEN IF SHE CARDS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER
TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN
SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE
THAT SHE CARDS' AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED
ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER SHE CARDS NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES
ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU
OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS,
FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS,
ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO
HOLD HARMLESS SHE CARDS AND ITS AFFILIATES AND PARTIES WITH WHOM SHE CARDS
HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL
CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON
THE SITE.
International Use
Neither She Cards nor its affiliates make any representation that materials
on this site are appropriate or available for use in locations outside
the United States, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance
with local laws.
Indemnification
You hereby indemnify, defend and hold harmless She Cards and its affiliates,
and all officers, directors, owners, agents, content providers, licensors
and licensees (collectively, the "Indemnified Parties") from and against
any and all liability and costs, including, without limitation, reasonable
attorneys' fees, incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you or any user of your account
of this Agreement. You shall cooperate as fully as reasonably required
in defense of any such claim. She Cards reserves the right, at its own
expense, to assume the exclusive defense and control of any matter subject
to indemnification by you.
Enforcement by She Cards
In the event She Cards determines, in its sole discretion, that you have
violated these Terms, She Cards shall have the right to immediately terminate
your account (with or without refund), refuse membership, or block the
sending or receipt of greetings from our site, and/or pursue any other
remedies available to it under applicable law.
Governing Law
This Agreement, and the respective rights and obligations of the parties
hereto, shall be governed by and construed in accordance with the laws
of the State of Illinois. Any dispute arising between you and She Cards
will be submitted to binding arbitration in Chicago, Illinois in accordance
with the American Arbitration Association's standard rules then in effect
for arbitration of commercial disputes.
Updates to Terms
She Cards shall have the right to revise these Terms at any time by updating
this posting. By using this site, you agree to be bound by any such revisions
and should therefore periodically visit this site to determine the then-current
Terms to which you are bound.
Privacy Policy
The terms of our privacy policy can be found by clicking
here.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to She Cards' Designated
Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE
PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE
OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL
NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent
Designated to Receive
Notification Of Claimed Infringement: |
please use our
contact form |
Full
Address of Designated Agent to
Which Notification Should be Sent: |
please
use our contact form |
| Telephone Number
of Designated Agent: |
please use our
contact form |
| Email Address
of Designated Agent: |
please use our
contact form |
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A),
the Notification must include the following:
- An electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed,
and a description of the infringing activity including of where the
material which you claim is infringing is located on the She Cards site
sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized
copy of the copyrighted work exists, for example the URL of the website
where it is posted or the name of the book in which it has been published,
your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
- 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 authorized to act on the copyright owner's behalf.
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