Terms of Services
"eCardica.com" is the interactive online service operated by VastVision, Inc. on the Internet. User means any person who establishes or accesses connection to eCardica.com for access to and use of eCardica.com.
2. DESCRIPTION OF SERVICE
eCardica.com is providing User with a capability to send electronic mail via the World Wide Web and on eCardica.com' own system. In consideration for this Service, User agrees to comply with the terms and conditions as laid down under this Service Agreement. If any information provided by User is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly or explicitly, eCardica.com retains the right to terminate User's rights to use the Service.
(A) This Agreement, which incorporates by reference other provisions applicable to use of eCardica.com, sets forth the terms and conditions that apply to use of eCardica.com by User. By using eCardica.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use eCardica.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) eCardica.com shall have the right at any time to change or discontinue any aspect or feature of eCardica.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
4. CHANGED TERMS
eCardica.com shall have the right at any time to change or modify the terms and conditions applicable to User's use of eCardica.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on eCardica.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of eCardica.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
5. USER CONDUCT
(A) User shall use eCardica.com for lawful purposes only. User shall not post or transmit through eCardica.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without eCardica.com' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in eCardica.com' discretion restricts or inhibits any other User from using or enjoying eCardica.com will not be permitted. User shall not use eCardica.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with eCardica.com.
(B) eCardica.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of eCardica.com are copyrighted as a collective work under copyright laws. eCardica.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of eCardica.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on eCardica.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of eCardica.com, User automatically grants, or warrants that the owner of such material has expressly granted eCardica.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants eCardica.com the rights to edit, copy, publish and distribute any material made available on eCardica.com by User.
(D) The foregoing provisions of Section 5 are for the benefit of eCardica.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) USER EXPRESSLY AGREES THAT USE OF ECARDICA.COM IS AT USER'S SOLE RISK. NEITHER ECARDICA.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ECARDICA.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ECARDICA.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ECARDICA.COM.
(B) ECARDICA.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ECARDICA.COM DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ECARDICA.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT ECARDICA.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL ECARDICA.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ECARDICA.COM OR THE ECARDICA.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ECARDICA.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ECARDICA.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ECARDICA.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ECARDICA.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.NEITHER ECARDICA.COM NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
eCardica.com shall have the right, but not the obligation, to monitor the content of eCardica.com, to determine compliance with this Agreement and any operating rules established by eCardica.com and to satisfy any law, regulation or authorized government request. eCardica.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on eCardica.com. Without limiting the foregoing, eCardica.com shall have the right to remove any material that eCardica.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless eCardica.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of eCardica.com by User or User's Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall eCardica.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if eCardica.com or a eCardica.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall eCardica.com' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
10. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and services. eCardica.com may change, add, or delete programs described in this website at any time without notice. This site is controlled by eCardica.com and eCardica.com makes no representation that materials in the site are appropriate for use outside USA. Many of the images used here are for use in USA only and those who choose to access these images from outside USA do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by and construed in accordance with the laws of Delaware, without giving effect to any principles of conflicts of law.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all eCardica.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from eCardica.com if in eCardica.com' sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other eCardica.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.