Conditions of Use of Website and Terms of Service Agreement
Definitions
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"ecards"
means the electronic greetings cards available on the Site,
including downloadable versions thereof
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"Materials"
means all photographs, graphics, images, illustrations, sound clips,
graphics, animations and text on the Site, including the ecards
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"The
Company" means ComLoc, Corp., a company registered in the U.S.
and doing business as Cowrie Cards
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"Member"
means any person who has purchased a license to use ecards and other
features of the Site
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"You"
means any person visiting or browsing the Site, including Members
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"Agreement"
means this document
Conditions
of Use of Site
The
following is a legal agreement between you and the Company. By
browsing or using the Site, you acknowledge that you have read,
understood, and agreed to be bound to by this Agreement.
- All Materials
are protected by copyright, and owned or controlled by the Company
or the parties credited in the copyright notices within the
Materials. You shall abide by all additional copyright restrictions
contained in any Materials accessed through the Site. You may not
modify, publish, transmit, participate in the transfer or sale of,
reproduce, create new works from, distribute, perform, display, or
in any way exploit, any of the Materials in whole or in part, except
as otherwise provided for in this Agreement. You agree that any copy
of the Materials that you make or have in your possession shall be
unaltered and shall retain all copyright and other proprietary
notices contained therein. All information and software provided
through the Site is and shall remain the sole and exclusive property
of the Company or the parties credited in the copyright notices
within the Materials.
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Causing
the Site to be displayed in a frame of another website is forbidden.
Posting of any Materials from this Site on any other website, or
otherwise distributing any of the Materials from this Site is
forbidden except as otherwise provided for in this Agreement.
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The
Company may from time to time in its sole discretion publish ecards
which may be viewed, sent by e-mail to third parties, or downloaded
from the Site. The Company may further determine that certain of
these ecards are exclusively for the use of Members and others maybe
available to non-Members.
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The
Company may further vary from time to time in its sole discretion
the Materials and other features of the site available to Members
and non-Members.
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All
Materials are subject to change without notice.
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You
agree that you will not through the use of the Site violate,
plagiarize, or infringe upon the rights of any third party,
including copyright, trademark, privacy or other personal or
proprietary rights, or submit or publish libelous or otherwise
unlawful material. You hereby indemnify, defend and hold harmless
the Company and all officers, directors, owners, agents, Material
providers, licensors and licensees from and against any and all
liability and costs, including, without limitation, reasonable
attorneys' fees, incurred by them in connection with any claim
arising out of any breach by you of this Agreement. You shall
cooperate as fully as reasonably required in defense of any such
claim. The Company reserves the right, at its own expense, to assume
the exclusive defense and control of any matter subject to
indemnification by you.
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You
may not use this Site to send ecards to mailing lists or to send
unsolicited bulk or commercial messages. The use of computer
programs which automate the process of sending or viewing any of the
Materials is strictly prohibited. We reserve the right to limit, in
our 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.
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The
Company does not represent or endorse the accuracy or reliability of
any opinion, statement, or other information displayed or
distributed through the Site by any person or entity. You
acknowledge that any reliance upon any such opinion, statement or
other information shall be at your sole risk.
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The
Materials are provided "as is" without warranty of any
kind, either expressed or implied. The Company is not responsible
for any failure of ecards sent through the Site to reach their
intended recipients or to reach such recipients on the date
specified by the sender.
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Neither
the Company 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 the Company 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 the Company and its affiliates'
aggregate liability shall not exceed the amount paid pursuant to the
terms of this Agreement.
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The
Company may modify this Agreement at any time by updating this page.
By using the Site, you agree to be bound by any such revisions and
you should periodically visit the Site to determine the terms to
which you are bound.
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This
Agreement, and the respective rights and obligations of the parties
hereto, shall be governed by and construed in accordance with the
laws of New Jersey, and you and the Company submit to the exclusive
jurisdiction of the New Jersey State Courts.
Acceptable
Use Policy
CowrieCards.com
has adopted the following Acceptable Use Policy in order to assure
that its eCards are used in a lawful and appropriate manner. While
CowrieCards.com does not ordinarily monitor the content of users'
eCards, 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:
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sending
harassing, abusive, or threatening messages;
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sending
obscene or pornographic messages or images;
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sending
defamatory or libelous messages;
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sending
viruses or other harmful, disruptive, or destructive files;
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attempting
to steal passwords or credit card information;
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sending
messages in furtherance of unlawful, criminal, or fraudulent
activity; or
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attempting
to conceal or misrepresent the identity of the sender.
Violations
of the CowrieCards.com's Acceptable Use Policy will not be tolerated
and may result in the sender being blocked from sending additional
eCards on the service. If the sender is a member of CowrieCards.com's
subscription service, CowrieCards.com may disable the sender's
account without compensation or refund.
CowrieCards.com
RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD
PARTIES, INCLUDING ECARDS RECIPIENTS, THEIR COUNSEL, AND/OR LAW
ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION,
INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION,
MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT
SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY
CowrieCards.com 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.
Links
and Advertisements
CowrieCards.com
may feature on its Site, in its announcements, 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, 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 ComLoc, Corp., CowrieCards.com. CowrieCards.com 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. CowrieCards.com
WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A
RESULT OF TRANSACTIONS WITH ANY CowrieCards.com 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 CowrieCards.com nor its
affiliates makes any representations or give any warranties with
respect to any information contained in or at these other sites and
neither CowrieCards.com nor its affiliates shall be liable for any
damages or injury arising from the content of these other sites.
Neither CowrieCards.com 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 eCards and Photos and/or Images
CowrieCards.com
may allow you to create your own eCards 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 an eCard, your
material will be used for the transmission of your digital eCard;
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.
Terms
of Sale Agreement
The
following is an additional set of terms that apply only to those who
choose to become Members by purchasing a license to use the ecards.
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These Terms are
in addition to the Conditions of Use of Site above and nothing in
these Terms shall be deemed to override or replace any of the above
Conditions.
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The
Company hereby grants you a limited license to use such ecards and
other features of the Site as are from time to time determined, at
the Company's sole discretion, to be available for Members
only.
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In
order to become a Member, you must pay a membership fee. You may pay
for your membership by PayPal (which accepts credit cards and
doesn't require membership), or by mailing us a check or money
order. We can only accept money orders from the US and Canada.
Please be aware that some credit cards (for example, Discover cards)
cannot be used for international payments.
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If
you choose to pay by money order or check, please complete the
membership application and submit with your check or MO to the
company address (see below). Your membership will be activated upon
receipt of your payment.
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If
you choose to pay by PayPal, please on the PayPal button or link.
Your membership will be activated the transaction is fulfilled by
PayPal.
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The
Company offers you the opportunity to auto-renew. If you choose to
auto-renew, on the anniversary of you becoming a Member, the Company
will charge your credit card or PayPal account at the then-current
price for another year of membership. Prices for renewal are the
same as prices for new members.
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In
order to use the Site, you will be required to select a password to
be used in conjunction with your e-mail address. You must not
disclose this password to others or permit others to use your
password so as to access the Site.
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No
use of the Site, ecards or Materials is permitted save that
permitted by the Conditions of Use of Site above.
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You
must ensure that the e-mail address which you give as part of your
membership details is your correct and valid e-mail address.
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If
you change your e-mail address you must notify the Company by means
of the facilities made available on the Site.
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You
may cancel your license at any time. Unless terminated beforehand,
your license will end on a date determined by the Company according
to the amount of the fee paid by you in accordance with the price
list published on the Site.
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Should
your license be canceled or terminated, or the Site closed for any
reason whatsoever, refunds will be given solely at the discretion of
the Company. Normally refunds will only be given in the event of a
technical problem that prevents you from using the Site.
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The
Company may from time to time in its sole discretion modify the list
of ecards and other features of the Site which are available
exclusively to Members. The Company may also change, suspend or
close the Site, or any part or feature of the Site, or restrict
access to parts or the whole of the Site, without notice or
liability.
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The
Company may modify this Agreement at any time by updating this page.
By becoming a Member, you agree to be bound by any such revisions
and you should periodically visit the Site to determine the Terms to
which you are bound. If any of the rules contained in the Agreement
or any future changes to the Agreement are not acceptable to you,
you should cancel your license. Your continued use of the Site now,
or following the posting of any changes to this Agreement, will
indicate acceptance by you of such changes.
Contact
Details
CowrieCards.com
244 Fifth Ave. | 268H
New York, NY 10001
559.744.3679
contact@cowriecards.com
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