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I. ACCEPTANCE OF TERMS
Welcome to netfuncards.com. Netfuncards.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. The TOS is a legal agreement between netfuncards.com, with offices in Denver, Colorado, ("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 "TOS" and to comply with all applicable laws and regulations. THIS AGREEMENTCONTAINS 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.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
II. DESCRIPTION OF SERVICE
On the Netfuncards.com web site you'll find free e-greeting cards to send for every occasion that can be personalized with your own message. You understand and agree that the service may include certain communications from netfuncards.com such as service announcements, administrative messages and the netfuncards.com newsletter, and that these communications are considered part of netfuncards.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Netfuncards.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Netfuncards.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
III. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:| (a) | provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data" and |
| (b) | maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or netfuncards.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, netfuncards.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). |
IV. NETFUNCARDS.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy
V. MAIL ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to| (a) | immediately notify Netfuncards.com of any unauthorized use of your password or account or any other breach of security, and |
| (b) | ensure that you exit from your account at the end of each session. Netfuncards.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section V. |
VI. MEMBER CONDUCT
ou agree to not use the Service to:
| 1. | upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; |
| 2. | harm minors in any way; |
| 3. | impersonate any person or entity, including, but not limited to, a netfuncards.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; |
| 4. | forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; |
| 5. | upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); |
| 6. | upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; |
| 7. | upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; |
| 8. | upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
| 9. | disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; |
| 10. | interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; |
| 11. | intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; |
| 12. | "stalk" or otherwise harass another; or |
| 13. | collect or store personal data about other users. |
VII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
VIII. INDEMNITY
You agree to indemnify and hold netfuncards.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
IX. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
X. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that netfuncards.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on netfuncards.com 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that netfuncards.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You cknowledge that netfuncards.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that netfuncards.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
XI. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that netfuncards.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on netfuncards.com 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that netfuncards.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that netfuncards.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledgethat netfuncards.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
XII. MODIFICATIONS TO SERVICE
Netfuncards.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that netfuncards.com shall not be liable to you or o any third party for any modification, suspension or discontinuance of the Service.
XIII. TERMINATION
You agree that netfuncards.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if netfuncards.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Netfuncards.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that netfuncards.com may immediately deactivate or delete your account and all related nformation and files in your account and/or bar any further access to such files or the Service. Further, you agree that netfuncards.com shall not be liable to you or any third-party for any termination of your access to the Service.
XIV. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that netfuncards.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
XVI. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:| (a) | YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETFUNCARDS.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 NON-INFRINGEMENT. | ||||||||||
| (b) | NETFUNCARDS.COM MAKES NO WARRANTY THAT
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| (c) | ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. | ||||||||||
| (d) | NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETFUNCARDS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
XVII. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETFUNCARDS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETFUNCARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:| 1. | THE USE OR THE INABILITY TO USE THE SERVICE; |
| 2. | THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; |
| 3. | UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; |
| 4. | STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR |
| 5. | ANY OTHER MATTER RELATING TO THE SERVICE. |
XVIII. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
XIX. TRADEMARK INFORMATION
Netfuncards, the netfuncards logo, the netfuncards slogan "For every occasions" and other netfuncards logos and products and service names are trademarks of netfuncards.com Without netfuncards prior permission, you agree not to display or use in any manner, the netfuncards trademarks.
XX. COPYRIGHTS
Netfuncards.com respects the intellectual property of others, and
we ask our users to do the same.
All of the Graphic Material available on the netfuncards.com
web site is copyright.
XXI. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
©Copyright NetFunCards.com
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