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The
following is a legal agreement between Strevda, LLC (doing business
as Smiles4All), a California Limited Liablity Company with offices
at 5 Woodland Drive Suite 1000, Irvine, California 92604 ("Smiles4All",
"we", "us", or "our") 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, do not use this Site.
Your
Use of the Site: Smiles4All hereby grants you a limited
license to copy and use the materials, features, and services
provided by Smiles4All on this Site (collectively the "Materials")
solely for your personal, non-commercial use, subject to these
Terms. 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.
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. Smiles4All
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.
Your
use of the Site is subject to all applicable local, state, national,
and international laws and regulations, and you agree not to
use the Site for purposes that violate such laws and regulations.
In addition, you agree that: (1) you will not interfere with
another customer's use and enjoyment of the Site; (2) you will
not upload, download, transmit or otherwise distribute any message,
data, information, text, or other material ("Content") that
my infringe any patent, trademark, trade secret, copyright,
or other intellectual or proprietary right of any party, and
that, by uploading or downloading any Content, you represent
and warrant to Smiles4All and our affiliates that you have the
lawful right to reproduce and distribute such Content; (3) you
will not upload, download, transmit, or otherwise distribute
any Content that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, invasive
of privacy or publicity rights, abusive, inflammatory, or otherwise
objectionable; (4) you will not upload, download, transmit,
or otherwise distribute any viruses or other harmful, disruptive,
or destructive files; (5) you will not upload, download, transmit,
or otherwise distribute any Content that would constitute or
encourage a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local,
state, national, or international law; (6) you will not use
or attempt to use another's account, service, or system without
authorization from Smiles4All, or create or use a false identity
on this Site; (7) you will not upload, download, transmit, or
otherwise distribute spam, chain letters, junk mail, or any
other type of unsolicited mass email to people or entitles who
have not agreed to be part of such mailings.; (8) you will not
attempt to obtain unauthorized access to the Site or portions
of the Site which are restricted from general access; (9) you
will not interfere with or disrupt networks, systems, and/or
computers connected to the Site, and you will comply with all
regulations, policies, and procedures of such networks and systems;
and (10) you will comply with all United States laws regarding
the transmission of technical data exported from the United
States. You acknowledge and agree that you are responsible for
all use of your email address and will notify Smiles4All immediately
of any unauthorized use.
Creating
Your Own Greetings and Photos and/or Images: Smiles4All
may allow you to create your own greetings 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 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.
We
may conduct a promotion or contest in which we showcase greetings
created by our members. Moreover, you may also have the opportunity
to post materials within certain portions of the Site in such
a manner that the materials you post are publicly accessible
(e.g., at the Atomic Rose portion of the Site). If you enter
such a contest or promotion, or if you elect to post any materials
for inclusion in publicly accessible areas of Site, you automatically
grant to us and our affiliates (and warrant that you have the
right to so grant) a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
display, create derivative works from, and distribute the materials
you submit, or to incorporate the materials you submit, into
any form, medium, or technology now known or later developed,
in connection with the promotion of Smiles4All, our affiliates,
and our respective products and services. For purposes of the
foregoing, "publicly accessible " means those areas of the Site
accessible by the general public. You acknowledge and agree
that Smiles4All and our affiliates have the right to review
any and all materials that you upload or otherwise publish on
the Site and that Smiles4All may, in its sole discretion, remove
any and all such materials from the Site without prior notice
to you if Smiles4All deems, in its sole discretion, that such
materials violate these Terms.
If
you send creative materials or suggestions to us at our request
(for example, by entering a contest) or send unsolicited creative
materials or suggestions to us despite our request that you
not do so, you automatically grant to Smiles4All (or warrant
that you have the right to so grant) a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, display, create derivative works from
and distribute the materials or suggestions you submit or to
incorporate the materials or suggestions you submit into any
form, medium or technology now known or later developed throughout
the universe. In addition, you warrant that all "moral rights"
in the materials or suggestions you submit have been waived.
No
Transfer of Property Rights: The products, technology, and/or
processes described and/or used on this Site may be the subject
of intellectual property rights reserved by Smiles4All 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 Smiles4All or any third party.
Links
to and From Third Party Sites; Framing: This Site may provide
links or references to other sites; neither Smiles4All nor its
affiliates has any responsibility for the content of these other
sites, makes any representations or give any warranties with
respect to any information contained in or at these other sites,
or shall be liable for any damages or injury arising from the
content of these other sites. Neither Smiles4All nor its affiliates
endorses companies or products to which it has provided links.
Any links to other sites are provided merely as a convenience
to the users of this Site and, if you decide to access any of
the third party sites linked to this Site, you do so entirely
at your own risk. Smiles4All reserves the right to terminate
any link or linking program at any time.
There
may be circumstances where access to this Site is provided by
a link located at another Web site. Neither Smiles4All nor its
affiliates makes any representations or give any warranties
with respect to any information contained in or at these other
sites and neither Smiles4All nor its affiliates shall be liable
for any damages or injury arising from the content of these
other sites. Neither Smiles4All 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.
Updates
to Site: Smiles4All reserves the right to modify this Site
and the Materials at any time without prior notice to you.
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.
NEITHER
SMILES4ALL 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 SMILES4ALL 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 SMILES4ALL AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL
NOT EXCEED FIVE HUNDRED DOLLARS ($500).
NEITHER
SMILES4ALL 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
SMILES4ALL AND ITS AFFILIATES AND PARTIES WITH WHOM SMILES4ALL
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 Smiles4All nor its affiliates makes 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. Under United States export controls, software
from this site may not be downloaded or otherwise exported or
re-exported (1) into, or to a national resident of, Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which
the United States has embargoed goods; or (2) to anyone on the
United States Treasury Department's list of Specially Designated
Nationals or the United States Commerce Department's Table of
Deny Orders. By downloading or using software from this site,
you represent and warrant that you are not located in, are not
under the control of, and are not a national or resident of
any such country or on any such list.
Indemnification:
Upon a request by Smiles4All, you agree to defend, indemnify,
and hold harmless Smiles4All and its affiliates, and their employees,
contractors, officers, and directors, from all liabilities,
claims, and expenses, including attorney's fees, that arise
from your use or misuse of this Site. Smiles4All reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you, in which event you will cooperate with Smiles4All in asserting
any available defenses.
Enforcement
by Smiles4All: In the event Smiles4All determines, in its
sole discretion, that you have violated these Terms, Smiles4All
shall have the right to immediately remove any materials you
have placed on the Site and/or terminate your access to the
Site, without prior notice to you, 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 (excluding
any conflict of laws provisions of the State of California that
would refer to and apply the substantive laws of another jurisdiction).
Any suit or proceeding regarding this Site or any part of the
Site shall be brought only in Orange County, California. EACH
OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION
AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA
ANA, ORANGE COUNTY, CALIFORNIA.
Updates
to Terms: Smiles4All 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.
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