REGARDS.COM Terms of Service Agreement
REGARDS.COM Usage Agreement
This service ("REGARDS.COM") is provided by MikroMedia, Inc. ("REGARDS.COM") to you ("you" or "user"), subject to the terms of this REGARDS.COM Service agreement ("Agreement"), and the rules that may be published from time to time by REGARDS.COM. REGARDS.COM currently is provided as a free service to users who agree to abide by the terms and conditions of this Agreement. REGARDS.COM reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their REGARDS.COM account ("Account") or usage privileges canceled and they may permanently be banned from using REGARDS.COM. ENTERING REGARDS.COM WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER REGARDS.COM.
You are entirely responsible and liable for all activities conducted through your usage. Listed below are some, though not all, violations which may result in REGARDS.COM terminating your usage. You agree not to do any of the following actions while using REGARDS.COM:
(1) harass, threaten, embarrass or cause distress or discomfort upon another user, or other individual or entity;
(2) transmit via REGARDS.COM any information, data, text, files, links, software, chat, communication or other materials ("Content") that REGARDS.COM considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
(3) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on REGARDS.COM; and
(4) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing REGARDS.COM or in connection with your use of REGARDS.COM in any manner.
You agree that you will not upload or transmit any Content to REGARDS.COM that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any greeting card, you automatically grant -- or warrant that the owner of such Content has expressly granted -- REGARDS.COM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. REGARDS.COM shall not be responsible for any Content. REGARDS.COM does not prescreen or monitor all greeting card Content as a matter of policy, but REGARDS.COM shall have the right, but not the responsibility, to remove Content which is deemed in REGARDS.COM's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules REGARDS.COM has in place at the time. REGARDS.COM may elect at its sole discretion to monitor some, all, or no areas of REGARDS.COM for adherence to this Agreement or REGARDS.COM's rules.
It is REGARDS.COM's policy to take reasonable measures to respect the privacy of REGARDS.COM users. REGARDS.COM will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on REGARDS.COM; (ii) protect and defend the rights or property of REGARDS.COM or enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of REGARDS.COM users or the public.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF REGARDS.COM IS AT YOUR OWN RISK. REGARDS.COM SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND within any area of REGARDS.COM or within the content of any greeting cards sent using this service. REGARDS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. REGARDS.COM MAKES NO WARRANTY THAT REGARDS.COM WILL MEET YOUR REQUIREMENTS, OR THAT THE REGARDS.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES REGARDS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REGARDS.COM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH REGARDS.COM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REGARDS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF REGARDS.COM IS DONE AT YOUR OWN DISCRETION AD RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, REGARDS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE REGARDS.COM OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH REGARDS.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF REGARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You or REGARDS.COM may terminate your Account or usage privileges at any time for any reason. Once your Account or usage privileges are terminated, you cannot access REGARDS.COM in any manner or for any reason without the express written consent of REGARDS.COM, and you cannot assist in enabling a terminated user access to REGARDS.COM using or via your Account.
In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of REGARDS.COM; and (iii) the consequences of any misuse. You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account. YOU ACKNOWLEDGE THAT SOME AREAS OF REGARDS.COM MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of New York for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
WHAT TO DO:
If you witness content on REGARDS.COM that violates this Agreement or the REGARDS.COM rules then in effect, please email the offending person's identification and cut and paste the relevant content into an email to firstname.lastname@example.org. REGARDS.COM cannot guarantee that any action will be taken as a result of your email. Please refer to this Agreement from time to time for any updates REGARDS.COM may make to this Agreement and to REGARDS.COM service rules.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT
AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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