naughty-ecards dot com
Including all Related Websites Owned by or Registered to naughty-ecards dot com.
Please read this terms of service agreement before using naughty-ecards dot com or providing any additional personal information to any third parties. By reading and using naughty-ecards dot come, you are choosing to “Accept” and otherwise accessing and utilizing the naughty-ecards dot com services and website, you agree to be legally bound by this Agreement. If you do not accept these terms and conditions, you may exit this website by clicking the "close" button and exiting from the naughty-ecards dot com web site.
Our Service provides you with the ability to find ecards and access an ecard database providing you with the best ecard service, tips and advice online. You may also utilize certain additional services offered from time to time such as permission based Instant Messaging, shopping and e-commerce offerings, and various informational services. naughty-ecards dot com reserves the right to modify, edit, or discontinue its services, in whole or in part, at any time, for any reason or no reason at all, at our sole discretion, with or without notice to you and without obligation to you. We may also impose limits on certain features of our Service or restrict your access to parts or all of the website without notice or liability.
By registering and accepting this Agreement, you represent and warrant that (a) all information submitted by you is true, accurate, current and complete; and (b) you shall maintain and update information submitted in order to keep it truthful, current, accurate, and complete at all times.
You represent, warrant and guarantee that you are at least 18 years of age.
Code of Conduct
You agree to use this website in accordance with the following Code of Conduct:
(1) You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; (2) You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language; (3) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; (4) You will not post messages, pictures or recordings or use the Service in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates the law; (5) You will not post or transmit in any manner any contact information including, but not limited to, email addresses, Instant Messenger names, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
Privacy and Use of Information
By using naughty-ecards dot com you acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them; and (c) we assume no responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for, verifying the accuracy of the information provided by other users of the Service.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message, photograph, or other material posted or sent by users of naughty-ecards dot com or any third party, and while we are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, photographs, public postings and messages that we, in our sole discretion, deem as unacceptable and/or violates are Terms of Service set forth above or any applicable content guidelines. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice to you for any reason or no reason, including without limitation breach of this Agreement. Intellectual Property and Proprietary Rights you acknowledge that the Services and the naughty-ecards dot com website are protected by certain proprietary and intellectual property rights belonging to naughty-ecards dot com and that you have no right, title or interest in the Services of our site. All copyrights, patents, trademarks, service marks, trade secrets, database rights and other proprietary rights pertaining to the Services and the naughty-ecards dot com site are the sole and exclusive property of naughty-ecards dot com. This provision shall survive termination of this Agreement.
naughty-ecards dot com will process, investigate and respond to any notification of infringement of any third party’s intellectual property and proprietary rights in accordance with applicable laws, including, without limitation, the Digital Millennium Copyright Act [create link].
The Service may from time to time contain links to other Internet sites and resources. You acknowledge that we are not responsible for, and have no liability as a result of, the availability of external links or their contents.
You agree to indemnify us, our office, directors, affiliates, parent corporations, employees, and agents, from any loss or damages, including without limitation reasonable legal fees, which may occur from your activities while on or stemming from use of the Service, including but not limited to any breach by you of this Terms of Service or any charges or complaints made by other parties against you. You shall cooperate in your fullest capacity as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such claim.
DISCLAIMERS OF WARRANTIES
YOU AGREE THAT USE OF naughty-ecards dot com AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. naughty-ecards dot com AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTEND PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, naughty-ecards dot com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE naughty-ecards dot com SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, naughty-ecards dot com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE naughty-ecards dot com SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE naughty-ecards dot com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, naughty-ecards dot com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE naughty-ecards dot com SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall survive termination of this Agreement.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL naughty-ecards dot com BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE naughty-ecards dot com SITE OR THE SERVICES OR RELIANCE ON THE naughty-ecards dot com SITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF naughty-ecards dot com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE naughty-ecards dot com SITE OR THE SERVICES, FROM INABILITY TO USE THE naughty-ecards dot com SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE naughty-ecards dot com SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE naughty-ecards dot com SITE OR THE SERVICES OR ANY LINKS ON THE naughty-ecards dot com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE naughty-ecards dot com SITE OR THE SERVICES OR ANY LINKS ON THE naughty-ecards dot com SITE. SUCH LIMITATION SHALL APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of this Agreement.
naughty-ecards dot com makes no representation or warranty that the naughty-ecards dot com site or the Services will be appropriate or available in any location outside the United States and any access of the naughty-ecards dot com site or the Services in jurisdictions where such access would be illegal is prohibited. Any individual who accesses the naughty-ecards dot com site or the Services in any jurisdiction outside the United States does so on his or her own initiative and assumes all responsibility for compliance, and all risk of noncompliance, with all applicable laws and regulations having the force of law.
Relationship of Parties
You and naughty-ecards dot com are independent contractors. You are not an agent, representative, partner or employee of naughty-ecards dot com. You will not have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind naughty-ecards dot com. This Agreement will not be interpreted or construed to create an association, agency, joint venture, or partnership between you and naughty-ecards dot com or to impose any liability attributable to such a relationship upon either party.
Nonwaiver and Severability
naughty-ecards dot com’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and agree that the other provisions of this Agreement shall remain in full force and effect. This provision shall survive termination of this Agreement.
This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether written, oral, express, or implied, of you and naughty-ecards dot com with respect to the transactions set forth herein. Neither party will be bound by, and each party specifically objects to, any term, condition, or other provision which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter the Agreement) and which is proffered by such party in any correspondence or other document, unless the party to be bound specifically agrees to such provision(s) in writing.
naughty-ecards dot com may modify this Agreement from time to time at our sole discretion, with or without notice to you. Please check the Terms of Service frequently. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.