Your Use of the Site
XStreamCards hereby grants you a limited license to
use the materials, features, and services provided by
XStreamCards on this Site (collectively the "Materials")
solely for your personal, non-commercial use, subject
to these Terms. The design and layout of the Site are
specifically excluded from the Materials. No other use
of the Site or Materials is authorized. You agree that
any use 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 XStreamCards 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, estoppel
or otherwise, any license, title, or ownership of or
to any intellectual property right of XStreamCards or
any third party.
Copyright Information
All of the Material available on the Site are protected
by XStreamCards copyright © 2006.
Acceptable Use Policy
XStreamCards has adopted the following Acceptable Use
Policy in order to assure that its electronic greetings
are used in a lawful and appropriate manner. While XStreamCards
does not ordinarily monitor the content of users' greetings,
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 XStreamCards.com:
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.
Sending chain letters or messages.
Violations of the XStreamCards Acceptable Use Policy
will not be tolerated and may result in the sender being
blocked from sending additional greetings on the service.
If the sender is a member of XStreamCard's subscription
service, XStreamCards may disable the sender's account
without compensation or refund. XSTREAMCARDS RESERVES
THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD
PARTIES, INCLUDING GREETINGS 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 XSTREAMCARDS
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 greeting cards
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. XStreamCards
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
XStreamCards 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 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 XSTREAMCARDS. XSTREAMCARDS 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. XSTREAMCARDS
WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU
MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY XSTREAMCARDS
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 Web site. Neither
XStreamCards nor its affiliates makes any representations
or give any warranties with respect to any information
contained in or at these other sites and neither XStreamCards
nor its affiliates shall be liable for any damages or
injury arising from the content of these other sites.
Neither XStreamCards 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 Greetings and Photos,
Videos, Audio greetings
XStreamCards allows you to create your own greetings
by uploading your own photos, videos, audio greetings
and other materials. If you do so, you are subject to
the conditions outlined in these Terms. When you upload
photos, video, audio greetings to the Site, you are
indicating that you own the photo, video, audio greeting
and have full rights to its use.
When you upload material to the Site and use it to create
a greeting, your material will be used for the transmission
of your digital greeting; 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, XStreamCards may sponsor contests
on its Web Sites. Participation in such contests is
entirely voluntary. XStreamCards 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 XStreamCards and you hereby
consent to receive special promotions and offers from
XStreamCards, consistent with our Privacy Policy. In
the event that you are awarded any prizes or other consideration,
you give XStreamCards permission to use your name, likeness,
portrait, recorded voice, any photos submit to the contest,
and biographical information to advertise, publicize,
or promote XStreamCards, 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. XSTREAMCARDS IS NOT RESPONSIBLE
FOR ANY FAILURE OF ELECTRONIC GREETINGS 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 XSTREAMCARDS 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 XSTREAMCARDS 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 XSTREAMCARDS
AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED
ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER XSTREAMCARDS 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 XSTREAMCARDS
AND ITS AFFILIATES AND PARTIES WITH WHOM XSTREAMCARDS
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 XStreamCards 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 XStreamCards
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.
XStreamCards reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
subject to indemnification by you.
Enforcement by XStreamCards
In the event XStreamCards determines, in its sole discretion,
that you have violated these Terms, XStreamCards shall
have the right to immediately terminate your account
(with or without refund), refuse membership, or block
the sending or receipt of greetings 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 California.
Any dispute arising between you and XStreamCards will
be submitted to binding arbitration in Orange County,
California in accordance with the American Arbitration
Association's standard rules then in effect for arbitration
of commercial disputes.
Updates to Terms
XStreamCards 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.
Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should
be sent to XStreamCards 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:
Email Address: CF@XStreamCards.com
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 XStreamCards 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.
