Last Updated: November 16, 2004
EZ-Greets™ Terms and Conditions
Welcome to
the EZ-Greets™ website ("Website") brought to you by EZ-Greets
("EZ-Greets™," "us" or "we"). You must agree to these terms and conditions
("Agreement") before you may access and/or use our Website or the e-mail
greeting card Service (the “Service”) available at the Website. Please read
this Agreement carefully. By accessing
and/or using this Website, you represent and warrant that you are at least
eighteen (18) years of age and that you have the right, authority and capacity
to enter into this Agreement and to abide by all of its terms and conditions. This Agreement is subject to change at any
time and changes are effective upon their posting at the Website. Bookmark this page and check it frequently as
it is up to you to refer to this page for any amendments and/or changes to the
original Agreement. Please review the
following provisions of this Agreement carefully. If you do not agree to all the terms and
conditions contained in this Agreement in its entirety, you are not authorized
to use this Website or the Service in any manner or form.
YOU ARE
DEEMED TO BE THE SENDER OF ANY E-MAIL GREETING CARD YOU INTIATE THROUGH THE
SERVICE. ACCORDINGLY, YOU ARE SOLELY AND
FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES ARISING FROM YOUR ACTIONS AND
SELECTIONS INCLUDING, WITHOUT LIMITATION, THE RECIPIENTS YOU SELECT, THE
MESSAGE CONTENT OF YOUR E-MAIL GREETING CARD AND SELECTED ASSOCIATED GRAPHICS
AND MUSIC. EZ-GREETS™ WILL USE ANY AND
ALL MEASURES AVAILABLE TO IT INCLUDING, WITHOUT LIMITATION, LEGAL ACTION AND/OR
ASSISTANCE WITH A CRIMINAL PROSECUTION, TO PURSUE ANY INDIVIDUAL OR ENTITY THAT
USES OR ATTEMPTS TO USE THE WEBSITE AND SERVICE IN AN UNLAWFUL AND/OR
INAPPROPRIATE MANNER.
1. The Service: Through the Service, you have the ability to
send e-mail greeting cards to e-mail recipients of your choice. Registration with EZ-Greets™ is necessary to
become a member ("Member") and to access the Service. When you register to become a Member, you
agree to provide accurate, current and complete information about yourself
("Registration Data") as prompted by our registration form. You also represent that we may rely on your
Registration Data as accurate, current and complete. You agree to maintain and update your
Registration Data to keep it accurate, current and complete. EZ-Greets™ reserves the right, in its sole
discretion, to terminate your membership for inaccurate, untrue, deceptive
and/or incomplete Registration Data.
One
registered, you may select: a) the e-mail
greeting card of your choice; b) an optional song; c) an optional personalized
message; and d) the intended recipient.
Remember, you are solely and fully responsible for the e-mail greeting
card you select and personalize. At this
point, we will not send the e-mail greeting card until you confirm your
selection in the following manner. Once you
fill out the request at the Website, we will send you a confirmation e-mail to
the e-mail address you supplied with your Registration Data. You must then confirm and approve the
transmission of the e-mail greeting card to your intended recipient(s). When we receive such confirmation, we will
attempt to e-mail the e-mail greeting card.
You understand and agree that the e-mail greeting card will set forth
your name and e-mail address as the sender of the e-mail greeting card.
HOWEVER, IN ACCORDANCE WITH THIS
AGREEMENT, YOU AGREE THAT EZ-GREETS™ IS NOT RESPONSIBLE IN ANY WAY FOR THE
E-MAIL GREETING CARD INCLUDING, WITHOUT LIMITATION, FAILING TO TRANSMIT THE
E-MAIL GREETING CARD PURSUANT TO YOUR REQUEST, THE FACT THAT YOUR INTENDED
RECIPIENT DOES NOT DESIRE TO RECEIVE SUCH E-MAIL GREETING CARD, AN E-MAIL
GREETING CARD NOT REACHING THE INBOX OF YOUR INTENDED RECIPIENT AND/OR CONTENT
OF THE E-MAIL GREETING CARD.
2. Eligibility: All visitors and Members must be eighteen (18)
years of age or older and a legal resident of either the
3. Username and Password: As part of the registration process, you will
be asked to select a username and password. We may refuse to grant to you any username, in
our sole discretion, if the username that you select is invalid. Invalid usernames include, but are not limited
to, usernames that are fashioned to impersonate another person, are protected
by trademark law or other proprietary rights, are
vulgar or otherwise offensive or those that may cause confusion. You are solely responsible for the
confidentiality and use of your username and password. You agree not to transfer or resell your
username and/or password, or otherwise provide access to the Website to any
third party. If you have reason to
believe that your account is no longer secure, you must promptly change your
password by updating your account information and immediately notify EZ-Greets™
of same by e-mailing us at info@ez-greets.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Fees/Termination: At this time, EZ-Greets™'s
does not charge a usage and/or subscription fee. However, EZ-Greets™ reserves the right to
charge such amounts in the future. These
changes, if any, are effective upon notice to the user. Notice may be provided to the user via
electronic mail or any other means that we deem reasonable, in our sole
discretion. EZ-Greets™ reserves the
right to terminate your access to the Website for any reason or no reason, in
our sole discretion. EZ-Greets™ may terminate your membership via any
reasonable means including, but not limited to, by sending notice to you at the
e-mail address that you provide in your application for membership or such
other e-mail address(es) as
you may later provide to us. Such termination is effective upon transmittal by EZ-Greets™.
However, you obligations of
indemnification shall survive any termination of this Agreement or the
cancellation of your EZ-Greets™ membership.
5. License Grant: As a user of this Website, you are granted a
non-exclusive, non-sublicensable, non-transferable,
revocable and limited license to access and use the Website and Service in
accordance with this Agreement. This
license shall terminate upon any termination of this Agreement. In addition, EZ-Greets™ may terminate this
license at any time for any reason.
You may
access and use the Website and Service on one computer for your own personal,
non-commercial use. No part of the
Website and Service may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent,
lease, sell, modify, decompile, disassemble, reverse engineer or transfer the
Website, the Service or any portion thereof. EZ-Greets™ reserves any rights not explicitly
granted in this Agreement. You may not
use any device, software or routine to interfere, or attempt to interfere, with
the proper working of the Website and/or Service. You may not take any action that imposes an
unreasonable or disproportionately large load on EZ-Greets™ infrastructure.
Your right
to use the Website is not transferable. Access
to, and use of, the Website and/or Service may be through a combination of user
name and password ("Login"). If you access the Website and/or Service
through a Login, you must keep your Login strictly confidential. You agree that you are responsible for
protecting your Login at all times. Accordingly,
you are responsible for notifying EZ-Greets™ if there has been any unauthorized
use of your Login. For
6. Proprietary Rights: We reserve the right, in our sole discretion,
to edit or delete any documents, information or other content appearing on the
Website and Service. The content,
organization, graphics, design, compilation, magnetic translation, digital
conversion, software, service and other matters related to the Website and Service,
are the sole property of EZ-Greets™ and its licensors and protected under
applicable copyrights, trademarks and other proprietary (including, but not
limited to, intellectual property) rights. The copying, redistribution or publication by
you of any part of the Website and Service is strictly prohibited. You do not acquire ownership rights to any
content, document, software, service or other materials viewed at or through
the Website and Service. The posting of
information or materials at the Website by EZ-Greets™ does not constitute a waiver
of any right in such information and materials.
7. Online Content: Opinions, advice, statements, offers or other
information or content made available through the Service via an online forum
or in an e-mail greeting card are those of the respective Member-author and not
of EZ-Greets™, and should not necessarily be relied upon. Such Members, including you to the extent you
select an e-mail greeting card for transmission, are solely responsible for the
accuracy, completeness or usefulness of such content. EZ-Greets™ does not guarantee the accuracy,
completeness or usefulness of any information available on the Website and/or
through the Service and neither adopts, endorses, nor
is responsible for the accuracy, completeness or reliability of any opinion,
advice or statement made on the Website. You understand and agree that EZ-Greets™ will
not be responsible for, and user hereby agrees to hold EZ-Greets™ harmless from
, any and all loss or damage resulting from anyone's reliance on information or
other content posted on the Website, available through the Service, or that
which is otherwise transmitted to Members.
8. Online Conduct: As a Member, you agree that you are solely responsible for
the content and/or information that you publish, transmit and/or post on the
Website including the content and/or information contained in an e-mail
greeting card. You agree to use the Service
in a manner consistent with any and all applicable laws and regulations. Without limiting the generality of the
foregoing, you agree not to: include in your e-mail greeting card any offensive
anatomical or sexual references, offensive language, confidential information
of any third person, any photographs or other images containing offensive,
pornographic, obscene and/or confidential information; impersonate any person
or entity; "stalk" or otherwise harass any person via the Website
and/or Service; engage in advertising to, or solicitation of, other Members to
buy or sell any products or service through the Website and/or Service;
transmit any chain letters, spam or junk e-mail to other Members; express or
imply that any statements you make are endorsed by EZ-Greets™; harvest or
collect personal information about other Members whether or not for commercial
purposes, without their express consent; use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, "data mine," or in any way reproduce or circumvent
the navigational structure or presentation of the Website or its contents;
post, distribute or reproduce in any way any copyrighted material, trademarks
or other proprietary information without obtaining the prior consent of the
owner of such proprietary rights; remove any copyright, trademark or other
proprietary rights notices contained on the Website; interfere with or disrupt
the Service and/or Website, or the servers and/or networks connected to the Service
and/or the Website; post, e-mail or otherwise transmit 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; forge headers or
otherwise manipulate identifiers in order to disguise the origin of any e-mail
greeting card transmitted through the Service; "frame" or
"mirror" any part of the Website, without our prior written
authorization; use metatags or code or other devices
containing any reference to EZ-Greets™, the Service or the Website in order to
direct any person to any other website for any purpose; and/or modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Website or any software used on or for the
Website or cause others to do so. EZ-Greets™
reserves the right, but has no obligation, to reject any registration and/or e-mail
greeting card request that does not comply with these prohibitions. Engaging in any of the aforementioned
prohibited practices shall be deemed a breach of this Agreement and may result
in the immediate termination of your membership without notice, in the sole
discretion of EZ-Greets™, pursuant to the terms of this Agreement. EZ-Greets™
reserves the right to pursue any and all legal remedies against users who
engage in the aforementioned prohibited conduct.
9. Privacy: Use of the Website and/or Service is governed
by our Privacy Policy, which may change from time to time. EZ-Greets™ reserves the right to use your
personal information in any manner consistent with our Privacy Policy.
10. Indemnification: You agree to indemnify, defend and hold EZ-Greets™,
its parents, subsidiaries and affiliates, and each of their respective
officers, executives, employees, owners, and authorized agents (each a
"Covered Party"), harmless from any and all loss, liability, claims
and/or demands (including reasonable attorneys' fees, costs and settlement amounts)
made by any third party due to, or arising out of, your use of the Website, the
Service and/or arising from your breach of this Agreement.
11. WARRANTIES/LIMITATION OF
LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS
AND/OR USE OF THE WEBSITE AND/OR SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A
PARTICULAR PURPOSE. THE WEBSITE AND/OR SERVICE
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EZ-GREETS™ AND THE
COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO
USE, THE WEBSITE AND/OR SERVICE. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EZ-GREETS™ AND THE COVERED PARTIES
ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
EZ-GREETS™
IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1)
ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) THE CONDUCT
OF ANY MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER
PARTY; 3) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON
THE WEBSITE OR PROVIDED IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY EZ-GREETS™,
MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED
IN, THE SERVICE; 4) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR
CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 5) ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE
THAT EZ-GREETS™ IS NOT THE PUBLISHER OF ANY E-MAIL GREETING CARD AND, AS SUCH,
SHALL NOT BE LIABLE FOR DAMAGES ARISING THEREFROM INCLUDING, WITHOUT
LIMITATION, ANY AND ALL CRIMINAL AND/OR CIVIL LIABILITY.
THE MAXIMUM
LIABILITY OF EZ-GREETS™ AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY,
IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE THAT YOU HAVE PAID TO EZ-GREETS™ FOR THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EZ-GREETS™ SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS AND/OR
INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE
WEBSITE AND/OR SERVICE. IF YOU ARE
DISSATISFIED WITH THE WEBSITE AND/OR SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE CANCELLATION OF YOUR
MEMBERSHIP AND TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
12. Third-party Websites: The Website and/or Service may provide
hyperlinks, banner advertisements, pop-ups and/or other online methods to
redirect you to other third party Internet websites and/or resources. Because EZ-Greets™ has no control over such
websites and/or resources, you hereby acknowledge and
agree that EZ-Greets™ is not responsible for the availability of such third
party websites and/or resources. Furthermore,
EZ-Greets™ does not endorse, and is not responsible or liable for, any content,
advertising, services, products and/or other materials at or available through
such third party websites or resources, or for any damages and/or losses
arising therefrom.
13. Copyright Claims: EZ-Greets™ respects the intellectual property
rights of others, and we ask our Members to do the same. The content available at the Website, Service
and in e-mail greeting cards is solely the property of EZ-Greets™ and its
licensors. EZ-Greets™ may, in
appropriate circumstances and at its discretion, disable and/or terminate the
accounts of Members who may be infringing the intellectual property rights of
others.
If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide EZ-Greets™'s copyright agent
with the following information:
º A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
º Identification of the copyrighted work claimed to have
been infringed or, in the case of multiple copyrighted works, a representative
list of such works.
º Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit EZ-Greets™ to locate the material.
º Information reasonably sufficient to permit EZ-Greets™ to
contact you, such as an address, telephone number and, if available, an e-mail
address at which you may be contacted.
º A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or under applicable laws.
º A statement that the information in the notification is
accurate and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
EZ-Greets™'s agent for notice of claims of copyright and other
intellectual property right infringement can be reached as follows:
By mail:
Copyright Claims c/o Traffix, Inc., One Blue Hill Plaza, Pearl River, New York
10965
By email: copyrightclaims@traffixinc.com
14. Miscellaneous: You are solely responsible for providing all
personal computer and communications equipment necessary to gain access to the
Website and Service. EZ-Greets™ does not
guarantee continuous, uninterrupted or secure access to our Service, and
operation of the Website may be interfered with by numerous factors outside of EZ-Greets™'s control. Terms
that, by their nature, would survive any termination of this Agreement
including, without limitation, Sections 9, 10, 11 and 14, shall survive any
termination of this Agreement. This
Agreement shall be treated as though it were executed and performed in
15. Legal Warning: Any attempt by any individual, whether a
Member or otherwise, to damage, destroy, tamper with, vandalize and/or
otherwise interfere with the operation of the Website and/or Service, is a
violation of criminal and civil law and EZ-Greets™ will diligently pursue all
remedies in this regard against any offending individual or entity to the
fullest extent permissible by law and in equity.
16. Contact Us:
EZ-Greets™
c/o Traffix,
Inc.
One
10965