RESTRICTIONS ON USE OF SITE
CrassECards is not for use by people under 18 years of age. You take full responsibility for access of and use of this site. This Agreement is void where prohibited by law and the right to access the site is revoked in such jurisdictions. CrassECards may, in its sole discretion, refuse to offer access to the Site to any person or entity and change its eligibility criteria at any time.
CrassECards may modify this Agreement at any time by posting a notice on this Site, or by sending CrassECards users a notice via e-mail or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the site following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. CrassECards may change, suspend or discontinue this site including any materials displayed on the Site (including but not limited to text, graphics, images, photographs, illustrations, also known as the "Content") for any reason, at any time, including the availability of any feature or Content. CrassECards may also impose limits on certain features or services or restrict users' access to parts or all of the site without notice or liability.
As a condition of use, you promise not to use the site for any purpose that is prohibited by this agreement including but not limited to:
CrassECards user will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
CrassECards user will not transmit through the service any infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature.
CrassECards user agrees not to use the site for illegal purposes.
CrassECards user recognizes and accepts that CrassECards is not intended to be an anonymous e-mail service. Every e-card sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of CrassECards recipients.
To report a violation email us at firstname.lastname@example.org.
The content and other items displayed on this site are for your personal use only. This site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. CrassECards hereby grants you a limited, revocable, non-sublicensable license to display the Content and transmit the Content through this site; provided, that you retain all copyright and other proprietary notices contained therein. Except as set forth in this section, reproducing, copying or distributing any content, materials or design elements on this site for any purpose other than personal, noncommercial use is strictly prohibited without the express prior written permission of CrassEcards. Except as set forth in this Section, you may not modify, publish, transmit, participate in the transfer or sale of, copy, reproduce, download, upload, transmit, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content (other than your User Content) on this site or any other website owned, operated, licensed or controlled by CrassECards, in whole or in part. In addition, you may not reverse engineer, decompile or disassemble any content, nor shall you use or download any images separate and/or apart from the associated product or service. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through this site.
All of the CrassECards sites, CrassECards content, and CrassECards services are solely for your personal use, and corporate or commercial use is expressly prohibited. You may not authorize others to use your account with CrassECards, including profile or email address. You are solely responsible for all user materials posted or distributed by you or through your account with CrassECards, including any email messages, and for all your interactions with other Users.
User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to: (a) violate any applicable law or regulation, (b) submit any materials that conflict with any of User’s representations and warranties, (c) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights, (d) use any content or information available on the CrassECards sites or through the CrassECards services for any unauthorized purpose, (e) interfere with or damage any of the CrassECards Sites or CrassECards services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) use any of the CrassECards sites or CrassECards services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing, (g) use any of the CrassECards sites or CrassECards services in connection with the distribution of unsolicited commercial e-mail (“Spam”) or advertisements, (h) “stalk” or harass any other user of the CrassECards sites or CrassECards services, (i) collect or store any information about any other user other than in the course of the permitted use of the CrassECards sites and CrassECards services, (j) use any of the CrassECards sites or CrassECards services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell or otherwise exploit any product or service), (k) sell or otherwise transfer any User information (e.g., user profiles) or other user’s User Materials); or (l) assist any third party in doing any of the foregoing. CrassECards may terminate the accounts and/or memberships of Users who violate the foregoing, and may prohibit them from creating new accounts with CrassECards. For any users who CrassECards determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, CrassECards will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with CrassECards. user is solely responsible for user’s interactions with other users of the CrassECards services. CrassECards will not be responsible for any damage or harm resulting from User’s interactions with other users of the CrassECards services. CrassECards reserves the right, but shall have no obligation, to monitor interactions between user and other users of the CrassECards services and take any action in good faith to restrict access to or the availability of any material that CrassECards or another user of the CrassECards services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.
User’s CrassECards account may NOT include the following items: telephone numbers, street addresses, last names, and any photographs may not contain nudity, violence, or offensive subject matter. Information provided by other CrassECards users may contain inaccurate, inappropriate or offensive material, products or services and CrassECards assumes no responsibility or liability for this material.
USERNAME AND PASSWORD
User who creates a CrassECards account will select a username and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of his/her username and password for accessing CrassECards and will be solely and fully responsible for all activities that occur under that account to access the CrassECards sites. User agrees to: (a) immediately notify CrassECards of any unauthorized use of User’s username and password or any other breach of security and (b) log off from account at the end of each session. CrassECards cannot and will not be liable for any loss or damage arising from User’s failure to comply with this section.
User agrees to defend, indemnify, reimburse and hold CrassECards and its parent, subsidiary and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney’s fees, costs and expenses and court costs) arising out of or related to:
- User’s use of the CrassECards sites and CrassECards services;
- CrassECards’s use of the user materials;
- Any breach or alleged breach of user’s representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and
- User’s violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of user materials as contemplated hereunder.
You are solely responsible for your interactions with other users. CrassECards reserves the right, but has no obligation, to monitor disputes between you and other users.
REPRESENTATIONS AND WARRANTIES
User represents and warrants that:
- User has the full right and power to enter into and perform this Agreement and to grant CrassECards and Licensors/Suppliers all rights to use the user materials (including individuals’ names, likenesses, voices, and other elements of identity embodied therein.
- User exclusively owns and/or controls all right, title and interest (including, without limitation, copyright) in and to the user materials, and has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for user to enter into and perform this agreement and to grant CrassECards and Licensors/Suppliers all rights to use the user materials (including individuals’ names, likenesses, voices, and other elements of identity embodied therein) as contemplated in this agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into the user materials);
- The user materials (andCrassECards use thereof as contemplated under this agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party;
- All information that User has provided or will provide to CrassECards is true and complete;
- The user materials do not and will not violate any law, statute, ordinance or regulation;
- The user materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening, (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (iv) exploit images or the likeness of any individual other than user (except where user has obtained express permission from such other individual(s) for such exploitation), (v) encourage or otherwise depict glamorized drug use, (vi) make use of offensive language or images, (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable, (viii) contain any personal contact information of user or any other individual, (ix) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without CrassECards’ prior written consent; and
- The user materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of CrassECards or any third party.
LICENSE FOR USE OF NAME AND LIKENESS
Unless expressly otherwise stated in this Agreement or otherwise agreed between User and CrassECards in a writing signed by both parties, user hereby grants to CrassECards a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to use: (i) user’s name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials (to the extent contained or embodied in the user materials); and (ii) any other individual’s name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials, where such other individual appears in the user materials, in connection with the distribution, exploitation, promotion, marketing and advertising of the user materials, as described hereunder, during the term and in perpetuity with respect to any CrassECards.
User also agrees not to assert any privacy, publicity, moral or similar rights held by user (and to the extent any other person(s) whose name(s), photograph(s), likeness(es), voice(s), performance(s) and/or biographical materials are embodied in the user materials, user represents and warrants that it has obtained all necessary consents from such third parties consistent with the full scope of rights granted to CrassECards pursuant to this agreement, and user agrees that such persons shall not assert of any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any user materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.
ELIGIBILITY; LIMITED USER LICENSE FOR CRASSECARDS CONTENT
Use of the CrassECards sites or CrassECards services is void where prohibited by law. By using any of the CrassECards sites or CrassECards services, you represent and warrant that all registration information submitted directly is truthful and accurate and you agree to maintain the accuracy of such information. You further represent and warrant that you are at least14 years of age and that your use of the CrassECards sites and CrassECards services does not violate any applicable law or regulation. Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account and/or membership data.
CrassECards User acknowledges that CrassECards has no control over, and no duty to take any action regarding which Users gain access to this site, what Content you access via the Site, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release CrassECards from all liability for your having acquired or not acquired Content through this site. The site may contain, or direct Users to sites containing, materials that some people may find offensive or inappropriate. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOMEECARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CrassECards DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CrassECards DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.