Disclaimer
GooglyGreetings.com : Legal Disclaimer of
Warranty and Terms of Service
The following is the legal disclaimer and terms of
service applicable to anyone accessing or using the domain GooglyGreetings.com
and its contents including but not limited to texts, graphics, links,
endorsements and ecards. Your use of this site automatically implicates your
agreement with the terms stated below and indemnifies GooglyGreetings.com and
all it's associates of all and any responsibility for the consequences of your
use of this web site and its services.
1. Definitions
Service Provider / Service Operator is the
referring term for GooglyGreetings.com in lieu its interactive ecards service
operated over the World Wide Web.
User/ Visitor is the referral term for any individual, entity, person or
otherwise, accessing the domain of GooglyGreetings.com and those engaging in the
use of its services.
2. Description of Service
GooglyGreetings.com grants the user limited use of
its own resources and system by means of it's free ecards service. In lieu of
this permission of limited use of the resources and system solely and
independently administered by the service provider, the user agrees to the
following generally laid out terms of Agreement.
If any information provided by the user to the service provider for this purpose
is found to be incomplete, incorrect, is a falsification of facts or is in
violation of the said terms of Agreement explicitly or otherwise, the Service
Provider retains the right to refuse the user access to its all its services.
3. General
(A) This Agreement, which incorporates by
reference other provisions applicable to use of GooglyGreetings.com, sets forth
the terms and conditions that apply to use of GooglyGreetings.com by User. By
using GooglyGreetings.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 GooglyGreetings.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) GooglyGreetings.com shall have the right at any time to change or
discontinue any aspect or feature of GooglyGreetings.com, including, but not
limited to, content, hours of availability, and equipment needed for access or
use.
4. Changed Terms
GooglyGreetings.com shall have the right at any
time to change or modify the terms and conditions applicable to User's use of
GooglyGreetings.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
GooglyGreetings.com, or by electronic or conventional mail, or by any other
means by which User obtains notice thereof. Any use of GooglyGreetings.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 GooglyGreetings.com for
lawful purposes only. User shall not post or transmit through
GooglyGreetings.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 GooglyGreetings.com' express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a User that in
GooglyGreetings.com' discretion restricts or inhibits any other User from using
or enjoying GooglyGreetings.com will not be permitted. User shall not use
GooglyGreetings.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 GooglyGreetings.com.
(B) GooglyGreetings.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
GooglyGreetings.com are copyrighted as a collective work under the Indian
copyright laws. GooglyGreetings.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 GooglyGreetings.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
GooglyGreetings.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 GooglyGreetings.com, User automatically grants,
or warrants that the owner of such material has expressly granted
GooglyGreetings.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 GooglyGreetings.com
the right to edit, copy, publish and distribute any material made available on
GooglyGreetings.com by User.
(D) The foregoing provisions of Section 5 are for the benefit of
GooglyGreetings.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
GooglyGreetings.com IS AT USER'S SOLE RISK. NEITHER GooglyGreetings.com, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT GooglyGreetings.com WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF GooglyGreetings.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
GooglyGreetings.com.
(B) GooglyGreetings.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.GooglyGreetings.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 GooglyGreetings.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 GooglyGreetings.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 GooglyGreetings.com, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GooglyGreetings.com OR THE
GooglyGreetings.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 GooglyGreetings.com. USER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON GooglyGreetings.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER
GooglyGreetings.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 GooglyGreetings.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
GooglyGreetings.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.
7. MONITORING
GooglyGreetings.com shall have the right, but not
the obligation, to monitor the content of GooglyGreetings.com, to determine
compliance with this Agreement and any operating rules established by
GooglyGreetings.com and to satisfy any law, regulation or authorized government
request. GooglyGreetings.com shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted to or posted on
GooglyGreetings.com. Without limiting the foregoing, GooglyGreetings.com shall
have the right to remove any material that GooglyGreetings.com, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
8. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless
GooglyGreetings.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 GooglyGreetings.com by User or User's
Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited
to, negligence, shall GooglyGreetings.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 GooglyGreetings.com or a GooglyGreetings.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 GooglyGreetings.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 available in
India. GooglyGreetings.com may change, add, or delete programs described in this
website at any time without notice. This site is controlled by
GooglyGreetings.com and GooglyGreetings.com makes no representation that
materials in the site are appropriate or available for use outside India.Many of
the images used here are for use in India only and those who choose to access
these images from outside India 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 the Calcutta High Court, without giving effect to any principles of
conflicts of law.
11. TERMINATION
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 GooglyGreetings.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 GooglyGreetings.com if in GooglyGreetings.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 GooglyGreetings.com site(s) and all copies thereof, whether made under
the terms of this agreement or otherwise.
12. CONCLUSION
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.