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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