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Term of Service
PLEASE
READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE
OF BOLLYeCARDS.NET.
1. Changes to BOLLY eCARDS
We may, in our sole discretion
and at any time, without notice to you, add to, amend or remove
any Information from BOLLY eCARDS, or alter the presentation,
substance, or functionality of the Website.
2. Change of Terms
We may amend the Terms of Use
from time to time in our sole discretion without notice or
liability to you. By continuing to use BOLLY eCARDS following such
amendments to the Terms of Use, you agree to be bound by such
amendments.
3. User's Conduct
As a condition of your use of
BOLLY eCARDS, you must not:
trespass, break into, access, use
or attempt to trespass, break into, access or use any other parts
of our servers, and/or any data areas for which you have not been authorized
by us;
restrict or inhibit any other
user from using and enjoying the Website;
post or transmit any unlawful,
fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, hateful, offensive, or otherwise
objectionable or unreasonable Information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that may constitute a criminal offence, give rise to civil
liability, or otherwise violate any local, state, national or
foreign law;
post or transmit any
advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited
commercial communication, or engage in spamming or flooding;
post or transmit any Information
or software which contains any virus, Trojan horse, worm or other
harmful component;
post, publish, transmit,
reproduce, distribute or in any way exploit any Information
obtained through BOLLY eCARDS for commercial purposes; or upload,
post, publish, transmit, reproduce, or distribute in any way,
Information obtained through BOLLY eCARDS which is protected by
copyright, or other proprietary right, or create derivative works
with respect thereto, without the prior written permission of the
copyright owner or right holder.
You have no rights in or to the
Information available on BOLLY eCARDS and you will not use the
Information available on BOLLY eCARDS in any manner or for any
purpose, except as permitted under these Terms of Use.
4. Prohibition of Access
We reserve the right at all times
to prohibit or deny your access to BOLLY eCARDS or any part
thereof immediately and without notice, where we are of the
opinion that you have breached any of the terms contained in the
Terms of Use or that such prohibition or denial is appropriate,
desirable or necessary in our sole discretion.
5. Third Party Information
The Information may contain
Information provided by Third Party Providers or sourced by BOLLY
eCARDS from other references or sources. The Information on BOLLY
eCARDS may not be regarded as any recommendation or endorsement by
BOLLY eCARDS for any purpose with respect to any person, product
or service.
BOLLYeCARDS.net is not
responsible if any such Information is not up-to-date; BOLLY
eCARDS does not separately verify such Information. Accordingly we
do not accept any responsibility whatsoever in respect of such
Information. Any use of and reliance on such Information is at
your own risk.
6. Links to and from BOLLY
eCARDS
The links on BOLLY eCARDS may
take you to other sites and you acknowledge and agree that BOLLY
eCARDS have no responsibility for the accuracy or availability of
any Information provided by linked websites.
Links to other websites do not
constitute an endorsement by BOLLY eCARDS of such websites or the
Information, products, advertising or other materials available on
those websites.
7. Indemnity
You agree to defend, indemnify
and hold us and the BOLLY eCARDS harmless from and against all
liabilities, damages, claims, actions, costs and expenses
(including without limitation legal fees), in connection with or
arising from your breach of any of these Terms of Use and/or your
use of the Website. We may, if necessary, participate in the defense
of any claim or action and any negotiations for settlement. No
settlement which may adversely affect our rights or obligations
shall be made without our prior written approval. We reserve the
right, at our own expense and on notice to you, to assume
exclusive defense and control of any claim or action.
8. Intellectual Property Rights
All intellectual property rights
subsisting in respect of the Website belong to BOLLY eCARDS or
have been lawfully licensed to BOLLY eCARDS for use on the
Website. All rights under applicable laws are hereby reserved.
Except with the express permission of BOLLY eCARDS, you are not
allowed to upload, post, publish, reproduce, transmit or
distribute in any way any component of BOLLY eCARDS itself or
create derivative works with respect thereto, as BOLLY eCARDS is
copyrighted under applicable laws.
You agree that we are free to
use, disclose, adopt and modify all and any ideas, concepts, know-how,
proposals, suggestions, comments and other communications and
information provided by you to us ("Feedback") in
connection with BOLLY eCARDS and/or Services without any payment
to you. You hereby waive and agree to waive all and any rights and
claims for any consideration, fees, royalties, charges and/or
other payments in relation to our use, disclosure, adoption and/or
modification of any or all of your Feedback.
9. Limited Liability and
Warranty
All Information is for your
general reference only. BOLLY eCARDS do not accept any
responsibility whatsoever in respect of such Information.
YOUR ACCESS TO AND USE OF
BOLLYeCARDS.NET IS AT YOUR SOLE RISK AND IS PROVIDED "AS
IS," "AS AVAILABLE." BOLLY eCARDSE IS FOR YOUR
PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE.
OUR ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO BOLLY eCARDS OR OTHERWISE, IS
RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF
LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY
MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE
ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND
ANY THIRD PARTY.
In no event will BOLLY eCARDS be
liable to you or any other person for any direct, indirect,
incidental, special, punitive or consequential damages, including
any loss of business or profit, arising out of any use, or
inability to use, the Information, even if BOLLY eCARDS has been
advised of the possibility of such damages.
You will exercise and rely solely
on your own skill and judgment in your use and interpretation of
the Information. You are responsible to ensure that your use of
the Information complies with all applicable legal requirements.
The limitation of liability
contained in these Terms of Use will apply to the fullest extent
permitted by applicable laws.
10. Partial Invalidity
The illegality, invalidity or
unenforceability of any provision of these Terms of Use under the
law of any jurisdiction shall not affect its legality, validity or
enforceability under the laws of any other jurisdiction nor the
legality, validity or enforceability of any other provision.
11. Several Users
If there are two or more persons
adhering to these Terms of Use as user, their liability under the
Terms of Use is joint and several, and their rights are joint.
12. Miscellaneous
No waiver of any breach under
these Terms of Use will amount to a waiver of any other breach.
The headings in these Terms of Use are for convenience only and do
not affect interpretation.
13. Governing Law and
Jurisdiction
These Terms of Use shall be
governed by the law of this country . You agree to submit to the
non-exclusive jurisdiction of the country courts.
Copyright 2006 BOLLYeCARDS.NET.
All Rights Reserved. |
