BilletsDoux.com
TERMS OF SERVICE
The
following is a legal agreement between Billets Doux,
LLC, 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 terms of service
("Terms") and to comply with all applicable
laws and regulations. THIS AGREEMENT CONTAINS 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.
Your
Use of the Site
BilletsDoux.com hereby grants you a limited license
to use the features, and services provided by BilletsDoux.com
on this Site solely for your personal, non-commercial
use, subject to these Terms. No other use of the
Site or Materials is authorized. You agree that
any copy of the Materials (or any portion of the
Materials) that you make shall retain all copyright
and other proprietary notices contained herein or
therein. Framing of the Site or Site Materials or
posting of Materials on other Web Sites is strictly
prohibited.
The
products, technology, and/or processes described
and/or used on this Site may be the subject of intellectual
property rights reserved by BilletsDoux.com or other
third parties. Except for the limited license granted
above, nothing contained herein shall be construed
as conferring to you in any manner, whether by implication
or otherwise, any license, title, or ownership of
or to any intellectual property right of BilletsDoux.com
or any third party.
Copyright
Information
All of the Material available on the Site is copyright
© 2002-2005, BilletsDoux.com, LLC. or used
under license. BilletsDoux.com, LLC, currently utilizes
copyrighted materials from the individuals and entities
set forth below. The copyright information for each
licensor is indicated on those appropriate portions
of the Site, on the eCards incorporating their content,
and/or as follows:
®
DilbertTM © 1998-2002 Untied Feature Syndicate,
Inc.;
Elvis® Photos © Alfred Wertheimer Elivs
and Elvis Presley are registered trademarks of Elvis
Presley Enterprises, Inc.;
Genuine Garfield © 1999-2002 PAWS;
The Three Stooges® & © 2000-2002 C3
Entertainment, Inc. All rights reserved;
Pokemon © 2002 Warner Bros./ © 2002 Nintendo.
All rights reserved;
The GrinchTM based on Dr. Seuss charactersTM &
© 2002 Dr. Seuss Enterprises, Inc. All rights
reserved;
ShrekTM & © 2002 DreamWorks L.L.C. All
rights reserved;
Looney Tunes characters, names and related indicia
are TM & © 2002 Warner Bros. Studios, Inc.
All rights reserved.
Trademarks
The following are trademarks of BilletsDoux.com
and its affiliates: BilletsDoux.com™ with
Billets Doux Love Letters™ Billets Doux Braveheart™
and Roy Cards™. Use of the Billets Doux trademarks
as meta-tags for search engines is strictly prohibited.
All rights reserved.
Acceptable
Use Policy
BilletsDoux.com has adopted the following Acceptable
Use Policy in order to assure that its eCards are
used in a lawful and appropriate manner. While BilletsDoux.com
does not ordinarily monitor the content of users'
eCards, it reserves the right to investigate reports
of misuse of its service and to protect its property
and assets. The following conduct is prohibited
on the service:
- sending
harassing, abusive, or threatening messages;
- sending
obscene or pornographic messages or images;
- sending
defamatory or libelous messages;
- sending
viruses or other harmful, disruptive, or destructive
files;
- attempting
to steal passwords or credit card information;
- sending
messages in furtherance of unlawful, criminal,
or fraudulent activity; or
- attempting
to conceal or misrepresent the identity of the
sender.
Violations of the BilletsDoux.com's Acceptable Use
Policy will not be tolerated and may result in the
sender being blocked from sending additional eCards
on the service. If the sender is a member of BilletsDoux.com's
subscription service, BilletsDoux.com may disable
the sender's account without compensation or refund.
BILLETSDOUX.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION
TO DISCLOSE TO THIRD PARTIES, INCLUDING ECARDS RECIPIENTS,
THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES,
RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING,
BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION,
MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST
AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION
DEEMED NECESSARY BY BILLETSDOUX.COM TO ADDRESS PAST
VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT
FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE
WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE
SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Spam
You may not use this Site to send online
eCards to mailing lists to which you do not have
full rights or to send unsolicited bulk or commercial
messages. In addition, the use of automated scripting-type
programs that automate the process of sending or
viewing any of the Materials is strictly prohibited.
BilletsDoux.com reserves the right to limit, in
its sole discretion and without prior notice to
you, the number of cards or messages that you may
send using the Site and/or the number of recipients
to which you send such cards or messages.
You
are solely responsible for your actions and communications
undertaken or transmitted using this Site. Neither
we nor our affiliates exercise editorial control
over your transmissions; however, we do reserve
the right to review your uploads and transmissions
in order to ensure compliance with these Terms.
Links
and Advertisements
BilletsDoux.com may feature on its Site,
in its newsletters, or in its e-mail communications
to you links to third-party web sites. These may
appear in the form of text links, advertisements,
banners, buttons, integrated gift services, digital
cash, digital gift certificates, or otherwise. THE
GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS
ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE
NOT AFFILIATED IN ANY WAY WITH BILLETSDOUX.COM,
OR BILLETS DOUX, LLC. BILLETSDOUX.COM MAKES NO REPRESENTATIONS
AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE,
APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE
AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY
OF ANY ADVERTISER. BILLETSDOUX.COM WILL NOT REIMBURSE
OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS
A RESULT OF TRANSACTIONS WITH ANY BILLETSDOUX.COM
ADVERTISER. USERS ARE ADVISED TO USE DISCRETION
IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There
may be circumstances where access to this Site is
provided by a link located at another Website. Neither
BilletsDoux.com nor its affiliates makes any representations
or give any warranties with respect to any information
contained in or at these other sites and neither
BilletsDoux.com nor its affiliates shall be liable
for any damages or injury arising from the content
of these other sites. Neither BilletsDoux.com nor
its affiliates endorses the individuals, companies,
or other similar entities, or any products or materials
associated with such individuals, companies, or
other similar entities, that provide a link to this
Site.
Creating
Your Own eCards and Photos and/or Images
BilletsDoux.com may allow you to create
your own eCards by uploading your own photos, artwork
and other materials. If we do and you do so, you
are subject to the conditions outlined in these
Terms. When you upload photos and/or images to the
Site you are indicating that you own the photo and/or
image and/or have full rights to its use.
When
you upload material to the Site and use it to create
an eCard, your material will be used for the transmission
of your digital eCard; however, we may also use
such material in the course of performing testing,
training and/or archiving of our and our affiliates'
systems and hereby expressly reserve the right to
do so.
Contests
From time to time, BilletsDoux.com may
sponsor contests and sweepstakes on its Web Sites.
Participation in such contests is entirely voluntary.
BilletsDoux.com does not condition access to any
goods or services it offers on participation in
any contest. If you elect to enter any such contest,
your participation shall be governed exclusively
by the contest rules available through the entry
forms or in these Terms of Service. You agree to
strictly abide by any and all contest rules. Any
personally identifiable information you provide
in conjunction with any contest shall become the
property of BilletsDoux.com and you hereby consent
to receive special promotions and offers from BilletsDoux.com
and its advertisers, consistent with our Privacy
Policy. In the event that you are awarded any prizes
or other consideration, you give BilletsDoux.com
permission to use your name, likeness, portrait,
recorded voice, and biographical information to
advertise, publicize, or promote BilletsDoux.com,
its products and services, and no additional consideration
shall be paid for such rights.
Warranty
Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES
PROVIDED ON THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS,
INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED
TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER
PROGRAMS) (INCLUDING COLLECTIONS AND COMPILATIONS
OF THEM) OR AGAINST INFRINGEMENT. BILLETSDOUX.COM
IS NOT RESPONSIBLE FOR ANY FAILURE OF ECARDS SENT
THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS
OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED
BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE
ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER
BILLETSDOUX.COM NOR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO,
INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM
YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE
SITE, EVEN IF BILLETSDOUX.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT
THE FOREGOING LIMITATION OF LIABILITY SET FORTH
HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE
OR INAPPLICABLE, YOU AGREE THAT BILLETSDOUX.COM
AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT
EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER
BILLETSDOUX.COM NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY
OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED
OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY,
OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL,
OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY,
LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY
YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO
HOLD HARMLESS BILLETSDOUX.COM AND ITS AFFILIATES
AND PARTIES WITH WHOM BILLETSDOUX.COM HAS CONTRACTED
FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE
FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS
MADE AVAILABLE BY YOU ON THE SITE.
International
Use
Neither BilletsDoux.com nor its affiliates
make any representation that Materials on this Site
are appropriate or available for use in locations
outside the United States, and accessing them from
territories where their contents are illegal is
prohibited. Those who choose to access this Site
from other locations do so on their own initiative
and are responsible for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless
BilletsDoux.com and its affiliates, and all officers,
directors, owners, agents, content providers, licensors
and licensees (collectively, the "Indemnified
Parties") from and against any and all liability
and costs, including, without limitation, reasonable
attorneys' fees, incurred by the Indemnified Parties
in connection with any claim arising out of any
breach by you or any user of your account of this
Agreement. You shall cooperate as fully as reasonably
required in defense of any such claim. BilletsDoux.com
reserves the right, at its own expense, to assume
the exclusive defense and control of any matter
subject to indemnification by you.
Enforcement
by BilletsDoux.com
In the event BilletsDoux.com determines,
in its sole discretion, that you have violated these
Terms, BilletsDoux.com shall have the right to immediately
terminate your account (with or without refund),
refuse membership, or block the sending or receipt
of eCards from our Site, and/or pursue any other
remedies available to it under applicable law.
Governing
Law
This Agreement, and the respective rights
and obligations of the parties hereto, shall be
governed by and construed in accordance with the
laws of the State of Oregon. Any dispute arising
between you and BilletsDoux.com will be submitted
to binding arbitration in Portland, Oregon in accordance
with the American Arbitration Association's standard
rules then in effect for arbitration of commercial
disputes.
Updates
to Terms
BilletsDoux.com shall have the right to
revise these Terms at any time by updating this
posting. By using this Site, you agree to be bound
by any such revisions and should therefore periodically
visit this Site to determine the then-current Terms
to which you are bound.
Privacy
Policy
The terms of our privacy policy can be
found by clicking here.
Digital
Millennium Copyright Act Notices
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright
infringement should be sent to BilletsDoux.com's
Designated Agent.
THE
FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW
THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL
ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL
ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE
THROUGH THIS PROCESS.
Written
notification must be submitted to the following
Designated Agent:
To
be effective, pursuant to Title 17, United States
Code, Section 512(c)(3)(A), the Notification must
include the following:
-
An electronic or physical signature of the owner
or of the person authorized to act on behalf of
the owner of the copyright interest;.
- A
description of the copyrighted work that you claim
has been infringed, and a description of the infringing
activity including of where the material which
you claim is infringing is located on the BilletsDoux.com
Site sufficient to allow us to locate the material;
- Identification
of the location where the original or an authorized
copy of the copyrighted work exists, for example
the URL of the website where it is posted or the
name of the book in which it has been published,
your address, telephone number, and e-mail address;
- A
statement by you that you have a good-faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
- A
statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
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