Terms of Service
ClearlyCute.com is the domain name of Clearly Cute Greeting
Cards ( CCGC )
P.O. Box 3774 - Thousand Oaks, CA. 91359
Please read the terms of service agreement (this entire
document) before using the Site. It contains provisions
and warranty disclaimers which limit our liability to
you. You acknowledge you are bound to, and accept this
agreement by your use of, and access, to the Site.
Definitions:
- Agreement: this document- a legal agreement between
you and CCGC.
- Materials: text, animation, music/sounds, features,
artwork, images and illustrations including the e-cards.
- Site: website of ClearlyCute.com.
- You: any person browsing or using the website.
Changes to Terms of Service:
We may update our terms from time to time. You are responsible
to periodically check for updated material. Please refer
to the 'last revised date' at the top of this page to
stay current with any changes. All updated materials
are subject to this agreement.
Your acceptance of any changes will be indicated by
continued use of the Site.
Conditions of Use/Conduct:
Please act responsibly and ethically when using the
Site. A condition of use is to comply with all applicable
laws, rules, and regulations.
This service prohibits:
- Sending intimidating, abusive, harassing, obscene,
defamatory, or otherwise objectionable and unlawful
material.
- Transmitting viruses, worms or other harmful codes
and actions, which disrupt the function of the Site.
- Impersonation or misrepresentation of any person or
entity.
A violation of the above conditions of use may result
in the termination of your membership without compensation.
Spam:
You may not send:
1- E-cards to mailing lists to which you do not have
rights.
2- Commercial messages.
You may not use computer programs which automate the
process of viewing or sending any of the materials.
Copyright:
All artwork, sounds, and materials, are protected by
copyright restrictions. You may not transmit, sell,
reproduce in part or whole, distribute, copy or modify
any Site material unless authorized in advance in writing
and subject to this agreement. All Site materials and
software are the property of CCGC and you agree that
any copy of the materials in your possession shall be
unaltered. No part of the Site shall be framed or mirrored
on another website without our prior written consent.
Changes to the Site:
All materials and illustrations are subject to change
without notice. CCGC will produce and make available
new cards and may delete or vary other cards and features.
CCGC may suspend, change, or close the site without
notice or liability.
The accuracy or reliability of statements, opinions
or other information presented on the Site, is not endorsed
by CCGC. You rely on such statements, opinions and other
information at your sole risk.
Warranty Disclaimer and Limitations of Liability:
All materials and services of the Site are provided
to you "as is" with no warranty either expressed
or implied. Should an e-card fail to arrive on a specific
date or to a specific party, CCGC is in no way responsible.
CCGC shall not be responsible or liable for any direct,
indirect, special, consequential, punitive, exemplary,
or incidental damages of any kind whatsoever, including
but not limited to lost profits or attorney fees arising
from your use or inability to use the Site. The above
limitations apply even if you have advised us in advance
of the possibility of such damages.
Seizing to use the Site is the solution for dissatisfaction
with our services.
Indemnity:
You agree to indemnify, defend and hold harmless CCGC,
its owners, employees and affiliates from and against
any and all costs, damages, claims, or liability (including
but not limited to attorneys fees) arising in connection
with a violation of this agreement by you or someone
using your account.
Subscription:
Upon our receipt of your subscription you will have
a limited license to send e-cards and use the services
of the Site. You may send up to one hundred mailings
per subscription. Each mailing may contain up to a hundred
individual e-mail addresses (this will allow you to
send up to ten thousand cards).
Your subscription will be valid for one year. You may
cancel it at any time. Refunds will be given at the
sole discretion of CCGC and usually only if there is
technical difficulty preventing you from using the Site.
To log on and use the Site you are required to select
a password combined with your e-mail address. You may
update your e-mail address and other personal details
by using the systems featured on the Site.
Links:
You may access the Site via a link from a third party
website. CCGC is not responsible or liable for the content,
advertising or products offered or displayed by third
party sites. Third party companies, may provide links
to the Site with or without our permission or authorization.
CCGC does not endorse such third party sites, is not
and shall not be responsible or liable for any loss
or damage arising from any connection with, or caused
by a link from a third party site to the Site.
CCGC may offer links to third party website. The information,
materials, goods and services presented by third party
sites are not endorsed by CCGC.
CCGC makes no representation to the accuracy, appropriateness,
availability or reliability and quality of merchandise,
content, and materials available or advertised through
third party sites., and is not responsible for any loss
or damage arising from the use of, any transaction with
or reliability upon, any such materials.
Dispute and Governing Law:
Any dispute arising between you and CCGC shall be governed
and construed in accordance with the laws of the State
of California, and you agree to submit to the jurisdiction
of California Courts.
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