The
following is a legal agreement between Allthatfun.com,
("Allthatfun," "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, understood, agree
and accept 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. YOU ARE REQUIRED TO READ THIS
AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT
AGREE TO ANY OF THESE TERMS, DO NOT USE
THIS SITE.
Your Use of this Site
Allthatfun hereby grants you a limited
license to copy and use the materials,
features, and services provided by Allthatfun
on this Site ("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 copyrights and other
intellectual and proprietary notices.
Framing of the Site or Site Materials
or posting of Materials on other Web Sites
is strictly prohibited and is a violation
of Federal and International copyright
laws.
The
products, technology, and/or processes
described and/or used on this Site are
protected by Federal and International
copyrights reserved by Allthatfun 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 rights of Allthatfun or any third
party protecting the products, technology,
and/or processes described and/or used
on this Site.
Copyright
Information:
All of the Material available on the Site
is copyright © 2000-2002, Allthatfun.com,
Inc.
Links
and Advertisements
Allthatfun may feature on its Site,
in its newsletters, or in its e-mail communications
to you links to third-party web sites
that may appear in the form of text links,
advertisements, banners, buttons, integrated
gift services, digital cash, digital gift
certificates, or otherwise. THE GOODS
AND SERVICES AVAILABLE THROUGH THESE LINKS
ARE OFFERED BY INDEPENDENT COMPANIES,
WHICH ARE NOT AFFILIATED IN ANY WAY WITH
Allthatfun.COM, INC. Allthatfun MAKES NO REPRESENTATIONS
AS TO THE QUALITY, FITNESS, WORKMANSHIP,
VALUE, APPROPRIATENESS, OR RELIABILITY
OF THE MERCHANDISE AVAILABLE OR OF THE
SOLVENCY OR FINANCIAL VIABILITY OF ANY
ADVERTISER. Allthatfun WILL NOT REIMBURSE
OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY
INCUR AS A RESULT OF TRANSACTIONS WITH
ANY Allthatfun ADVERTISER. USERS ARE ADVISED
TO USE CARE AND 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 Allthatfun nor
its affiliates makes any representations
or give any warranties with respect to
any information contained in or at these
other sites and neither Allthatfun nor its
affiliates shall be liable for any damages
or injury arising from the content of
these other sites. Neither Allthatfun 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.
Spam
You may not use this Site to send
online greeting cards to mailing lists
to which you do not have full rights to
utilize nor 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. Allthatfun 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.
Creating Your Own Greetings and Photos
and/or Images
Allthatfun may allow you to create your
own greetings by uploading your own photos,
artwork and other materials. You may only
upload photos and/or images that you have
a legal right use. Any uploading of photos
and/or images to the Site is your express
agreement to be bound by these Terms.
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 you
hereby expressly agree to such use.
Contests
From time to time, Allthatfun may sponsor
contests and sweepstakes on its Web Sites.
Participation in such contests is entirely
voluntary. Allthatfun 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. You
agree to strictly abide by any and all
contest rules. Any personally identifiable
information you provide in conjunction
with any contest shall become the property
of Allthatfun and you hereby consent to
receive special promotions and offers
from Allthatfun and its advertisers, consistent
with our Privacy Policy. In the event
that you are awarded any prizes or other
consideration, you give Allthatfun permission
to use your name, likeness, portrait,
recorded voice, and biographical information
to advertise, publicize, or promote Allthatfun,
its products and services, and no additional
consideration shall be paid for such use
of your name, likeness, portrait, recorded
voice, and biographical information.
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. Allthatfun.COM
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 Allthatfun NOR ANY OF ITS OFFICERS,
DIRECTORS, AGENTS, 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 Allthatfun.COM 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
AND ALL OTHER TORTS. IN THE EVENT THE
FOREGOING LIMITATION OF LIABILITY SET
FORTH HEREIN SHALL BE FOR ANY REASON HELD
UNENFORCEABLE OR INAPPLICABLE, YOU AGREE
THAT Allthatfun.COM AND ITS AFFILIATES'
AGGREGATE LIABILITY SHALL NOT EXCEED THE
TOTAL OF ANY SUMS PAID BY YOU PURSUANT
TO THIS AGREEMENT.
NEITHER
Allthatfun 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, PROFANITY OR OBJECTIONABLE
CONTENT OR MATEIALS YOU MAY ENCOUNTER
IN USING THE SITE. YOU AGREE TO HOLD HARMLESS
Allthatfun AND ITS AFFILIATES AND PARTIES
WITH WHOM Allthatfun HAS CONTRACTED FOR
PURPOSES OF HOSTING OR MAINTAINING THIS
SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS
OR MATERIALS MADE AVAILABLE TO OR BY YOU
ON THE SITE.
International Use
Neither Allthatfun 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
any applicable international laws.
Indemnification
You hereby indemnify, defend and hold
harmless Allthatfun and its affiliates,
and all officers, employees, directors,
owners, agents, content providers, licensors
and licensees (collectively, the "Indemnified
Parties") from and against any and
all liability and costs, including, without
limitation, 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. Allthatfun reserves the
right, at its own expense, to assume the
exclusive defense and control of any matter
subject to indemnification by you.
Enforcement by Allthatfun.com
In the event Allthatfun determines,
in its sole discretion, that you have
violated these Terms, Allthatfun shall have
the right to immediately terminate your
account without refund, refuse membership,
and/or block the sending or receipt of
greetings from our Site, and/or pursue
any other legal remedies.
Updates to Terms
Allthatfun 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.
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