1.
THE SERVICE. Please review the
following terms and conditions of service. In order to use the
Yuni eCards service you must agree to abide to and comply with
these service terms (each feature individually and collectively
referred to as the "Service").
2. THE AGREEMENT. This is a legal agreement ("Agreement")
between you and Yuni eCards. Please read the entire Agreement
carefully before using the Yuni eCards service. By using this
Service you agree to be bound by the terms and conditions of this
Agreement (the "Terms") for as long as you continue to use the
Service. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE
YUNI ECARDS SERVICE. THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME,
See Section 10 "MODIFICATIONS TO TERMS
OF SERVICE".
3. PRIVACY. It is Yuni eCard's
policy to respect the privacy of others. Yuni eCards will not
monitor, edit, or disclose any personal information about you
or your use of the Service, including its contents, without your
prior permission unless Yuni eCards has a good faith belief that
such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Yuni eCards;
(3) enforce the Terms of Service; or
(4) act to protect the interests of its Yuni eCard users or
others. Yuni eCards does provide certain user information in
aggregate form to third parties, including its advertisers, for
demographics. In addition, your Internet Protocol address is transmitted
with each message sent. For more information, see the Yuni Words of Wisdom
Privacy Statement.
4. MESSAGE STORAGE. You agree
that Yuni eCards is not responsible or liable for the deletion
or failure to store messages or other information.
5. CONDUCT. As a condition of
your use of the Service, you warrant to Yuni eCards that you
will not use the Service for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. The Service is provided
to individuals only, and for personal use only. You agree to use
the Service only to send and receive personal messages. Any unauthorized
commercial use of the Service, or the resale of its services,
is expressly prohibited. USERS AGREE NOT TO USE THIS SERVICE
FOR SPAM. You agree to abide by all applicable local, state,
national and international laws and regulations and are solely
responsible for all acts or omissions that occur, including the
content of your transmissions through the Service. By way of example,
and not as a limitation, you agree:
-> Not to use the Service
in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
-> Not to defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
-> Not to Publish, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
material or information.
-> Not to advertise or offer to sell or buy any goods or services
for any non-personal purpose.
-> Not to harvest or otherwise collect information about others,
including email addresses, without their consent.
-> Not to use a false identity for the purpose of misleading
others as to the identity of the sender or the origin of a message.
-> Not to use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity that is not a Service
member any directory of the Service members or other user or
usage information or any portion thereof other than in the context
of your use of the Service as permitted under the Terms of Service.
-> Not to transmit or upload any material that contains viruses,
trojan horses, worms, time bombs, cancelbots, or any other harmful
or deleterious programs.
-> Not to transmit or upload any material that contains software
or other material protected by intellectual property laws, rights
of privacy or publicity or any other applicable law unless you
own or control the rights thereto or have received all necessary
consents.
-> Not to interfere with or disrupt networks connected to the
Service or violate the regulations, policies or procedures of
such networks.
-> Not to interfere with another's use and enjoyment of the
Service or another individual's or entity's use and enjoyment
of similar services. Yuni eCards has no obligation to monitor
the Service or any user's use thereof or retain the content
of any session. However, Yuni eCards reserves the right at
all times to monitor, review, retain and/or disclose any information
as necessary to satisfy any applicable law, regulation, legal
process or governmental request.
6. DISCLAIMERS/LIMITATION
OF LIABILITY. The information
and services included in or available through the Service may
include inaccuracies or typographical errors. Changes are periodically
added to the information herein. Yuni eCards and/or its respective
suppliers may make improvements and/or changes in the Service
at any time. Yuni eCards does not represent or warrant that the
Service will be uninterrupted or error-free, that defects will
be corrected, or that the Service or the server that makes it
available, are free of viruses or other harmful components. Yuni
eCards does not warrant or represent that the use or the results
of the use of the Service or the materials made available as part
of the Service will be correct, accurate, timely, or otherwise
reliable. You specifically agree that Yuni eCards shall not be
responsible for unauthorized access to or alteration of your transmissions
or data, any material or data sent or received or not sent or
received, or any transactions entered into through the Service.
You specifically agree that Yuni eCards is not responsible or
liable for any threatening, defamatory, obscene, offensive or
illegal content or conduct of any other party or any infringement
of another's rights, including intellectual property rights. You
specifically agree that Yuni eCards is not responsible for any
content sent using and/or included in the Service by any third
party. YUNI ECARDS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. YUNI ECARDS AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL YUNI ECARDS AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY
TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF YUNI ECARDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICE AND ITS RELATED SERVICES.
7. INDEMNIFICATION. You agree
to indemnify and hold Yuni eCards, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on
the Service.
8. PARTICIPATION IN PROMOTION
OF ADVERTISERS. Any dealings
with Advertisers on the Service or participation in promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and the Advertiser or other third party. Yuni eCards shall
not be responsible or liable for any part of any such dealings
or promotions.
9. PROPRIETARY RIGHTS TO CONTENT.
You acknowledge that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other
material contained in either sponsor advertisements or electronically
distributed, commercially produced information presented to you
by the Service, by Yuni eCards, or Yuni eCards Advertisers or
other content providers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. You
may make a copy of this content for your personal, non-commercial
use only, provided that you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available
through the Service and its associated Web sites, including code
and software.
10. MODIFICATIONS TO TERMS OF SERVICE.
Yuni eCards reserves the right to change the Terms of Service or policies
regarding the use of the Service at any time and to notify you
by posting an updated version of the Terms of Service on this Web site. You
are responsible for regularly reviewing the Terms of Service. Continued use
of the Service after any such changes shall constitute your consent
to such changes.
11. COMPLAINTS. To resolve a complaint regarding
the Yuni eCard service, you should first contact Yuni Words of Wisdom
by email.
|
