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Welcome!
By using Greetings Manager’s services, you agree to be
bound by the following terms and conditions (the "Terms of Service").
The terms of our Privacy Policy are
incorporated into and are made part of this Agreement.
User sites displayed by Greetings Manager
The sites displayed by our users are developed by them and Greetings
Manager exercises no control over the content. Greetings Manager
cannot and does not screen these sites. These sites may contain
content that some people find objectionable, inappropriate,
offensive or incorrect. Greetings Manager assumes no responsibility
for this content.
Personal Use Only
The Greetings Manager Services are made available for your personal,
non-commercial use only. You may not use the Greetings Manager
Services to sell a product or service, or to increase traffic to
your Web site for commercial reasons, such as advertising sales.
Proprietary Rights in Content Posted by
Greetings Manager
We own and retain all proprietary rights in the Website and the
Service. The Website contains certain copyrighted material,
Including links and compilations of individual data, trademarks, and
other proprietary information of Greetings Manager, our Customers,
and our licensors. Except for any information which is in the public
domain, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary materials or
information without our express written consent in each case.
Content Posted by You to the Service and
the Website
Customers are solely responsible for the Content that they Post on
the Website or the Service. You must use the Website and the Service
in a manner consistent with any and all applicable laws and
regulations. You may not Post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary
information owned by another party without obtaining the prior
written consent of the owner. The Service allows Customers to give
access of their external website to their contacts. You should be
aware that your contacts could give access of your external website
to others without your permission. Consequently, please carefully
consider the content of your website and who you include as a
contact.
Removal of Content
You understand and agree that Greetings Manager may review and
delete any Content that you include in your profile, or otherwise
Post on any area of the Website (which may include deleting your
entire profile) that we, in our sole judgment, believe (1) violates
this Agreement, or (2) might be offensive or illegal.
Changes In Terms and Conditions and
Greetings Manager Search Service
We may modify or terminate our services from time to time, for any
reason, and without notice, Including the right to terminate with or
without notice, without liability to you, any other user or any
third party. We reserve the right to modify these Terms of Service
from time to time without notice. Please review these Terms of
Service from time to time so that you will be apprised of any
changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act.
Indemnity
You agree to indemnify and hold Greetings Manager, its subsidiaries,
affiliates, officers, agents, employees, and corporate or other
partners harmless from any loss, liability, claim, or demand,
including reasonable attorneys fees, arising out of or relating to:
(a) your use of the Website or the Service (including the posting by
you of any Content on the Website) in violation of this Agreement;
(b) any other breach of this Agreement by you; or (c) any breach of
your representations and warranties set forth above.
Disclaimer of Warranties
Greetings Manager disclaims any and all responsibility or liability
for any incorrect or inaccurate content posted on the website or in
connection with the Service, whether caused by users of the Website,
Customers, our advertisers or corporate partners, or by any of the
equipment or programming associated with or utilized in the
operation of the Website or the Service. We are not responsible for
the conduct, whether online or offline, of any customer or other
user of the website. Under no circumstances will we be responsible
for any loss or damange, including personal injury or death,
resulting from anyone’s use of the website or the service, any
content posted on the website or transmitted to customers or other
users, or any interactions between or among customers or other users
of the website, whether online or offiline.
We assume 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 communications. We are 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 e-mail or players on account of technical
problems or traffic congestion on the Internet or at any website or
combination thereof. We are not responsible for any injury or damage
to any computer equipment belonging to any user of the Website, or
any other person related to or resulting from use of the Website,
viewing, playing or downloading any materials on or from the
Website, or otherwise in any way in connection with the Service. The
Website and the Service are provided "AS-IS" and, except as
otherwise prohibited by applicable law, we expressly disclaim any
warranty of any kind, including, but not limited to warranties of
merchantability, fitness for a particular purpose, and
non-infringement. We cannot guarantee and do not promise any
specific results from use of the Website or the Service. No advice
or information, whether oral or written, obtained by you from us, or
from or through the Website or the Service shall create any warranty
not expressly stated herein.
Limitation of Liability
Notwithstanding any other provision of this Agreement, our entire
liability to you for any cause whatsoever, and regardless of the
form of the action, will at all times be limited to the amount paid,
if any, by you to us for the Service during the term of this
Agreement. Except in jurisdictions where such provisions are
restricted, in no event will we be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or
punitive damages, Including lost profits arising from your use of
the Website or the Service, even if we have been advised of the
possibility of such damages.
Without limiting the foregoing, under no circumstances shall
Greetings Manager or its licensors be held liable for any delay or
failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, Including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in
heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in
accordance with the laws of the State of California, without giving
effect to its conflict of laws provisions or your actual state or
country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service
to be unenforceable, the remainder of the Terms of Service will
continue in full force and effect. If there is any dispute between
you and us about or involving the Website or the Service, by using
the Website or the Service, you agree that the dispute will be
governed by the laws of the State of California without regard to
its conflict of law provisions. You agree to personal jurisdiction
under and venue in the state and federal courts located in San
Francisco, California for the resolution of any such dispute. These
Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any
provision of the Terms of Service will be effective only if in
writing and signed by Greetings Manager. Please contact us with any
questions regarding this agreement. |
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