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BLUEMOUNTAINCARDS.CO.UK TERMS OF SERVICE
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This electronic greetings web site (the "Site") is operated by EGCB, Inc., d/b/a BlueMountain.com ("Blue Mountain"). For the purposes of these Terms of Service, the terms "we," "us," and "our" should be deemed to refer collectively to Blue Mountain, and the terms "you" and "your" refer to you, the user of this Site.
By accessing, browsing and/or using this 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, please do not use this Site.
Your Use of the Site
Blue Mountain hereby grants you a limited license to copy and use the materials, features, and services provided 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 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. 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 Blue Mountain and/or its third party licensors. 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 of our intellectual property rights, or those of any third parties.
Copyright and Trademark Information
All of the Material available on the Site are copyright © 1996-2003, AG.com, Inc., or used under license. All rights reserved.
Trademarks
Blue Mountain, BlueMountain.com, and the Blue Mountain Logo, are trademarks and registered trademarks of Blue Mountain Arts Holdings, LLC. All rights reserved.
Acceptable Use Policy
Blue Mountain has adopted the following Acceptable Use Policy in order to assure that their eCards are used in a lawful and appropriate manner. While we do not ordinarily monitor the content of users' eCards, we reserve the right to investigate reports of misuse of our services and to protect our property and assets. The following conduct is prohibited on the service:
- 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.
Violations of the Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional eCards on the service. If the sender is a member of our subscription service, we may disable the sender's account without compensation or refund. BLUE MOUNTAIN RESERVES THE RIGHT IN THEIR SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING ECARDS 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 US 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.
IP Addresses And Anonymity
WE INCLUDE THE SENDER IP ADDRESS IN THE HEADER INFORMATION OF EACH GREETING NOTIFICATION E-MAIL WE SEND. IT IS AVAILABLE TO THE GREETINGS RECIPIENT AND ANYONE ELSE TO WHOM IT IS FORWARDED. AN IP ADDRESS, BY ITSELF, CANNOT IDENTIFY YOU PERSONALLY. HOWEVER, WHEN COMBINED WITH OTHER INFORMATION PROVIDED BY YOUR INTERNET SERVICE PROVIDER (ISP), YOUR IP ADDRESS CAN BE USED TO IDENTIFY THE COMPUTER ORIGINATING A MESSAGE. THIS LIMITS YOUR ABILITY TO COMMUNICATE ANONYMOUSLY USING ELECTRONIC GREETINGS. ELECTRONIC GREETINGS ARE NEITHER INTENDED NOR APPROPRIATE FOR ANONYMOUS COMMUNICATIONS, AND SUCH ACTIVITY IS EXPRESSLY PROHIBITED. IF YOU DO NOT WANT TO SHARE YOUR IP ADDRESS, YOU SHOULD NOT SEND ELECTRONIC GREETINGS.
Spam
You may not use this Site to send online eCards 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. We reserve the right to limit, in our 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
Blue Mountain may feature on this 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 cash, 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 US AND WE MAKE 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. WE WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY 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 we nor our affiliates make any representations or give any warranties with respect to any information contained in or at these other sites and neither we nor our affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither we nor our affiliates endorse 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.
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. WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF ECARDS 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 WE NOR ANY OF OUR 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 WE HAVE 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 BLUE MOUNTAIN, AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER WE NOR OUR AFFILIATES TAKE ANY RESPONSIBILITY OR ASSUME 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 BLUE MOUNTAIN, ITS AFFILIATES AND PARTIES WITH WHOM IT 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.
Indemnification
You hereby indemnify, defend and hold harmless Blue Mountain, and their 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. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement
In the event we determine, in our sole discretion, that you have violated these Terms, we shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of eCards from our Site, and/or pursue any other remedies available to us 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 United Kingdom. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
Updates to Terms
We 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.
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