Terms of Service - Disn-E-Cards

www.DisnEcards.com Website Agreement (the “Agreement)

The www.DisnEcards.com web site, and all webpages or linked pages associated with such site (the “Site”), are owned and operated by DisnEcards, a Florida limited liability company, and are accessed by you under the following terms and conditions stated in these Terms of Service. By accessing or using the Site, you agree to be bound by the Agreement and these Terms of Service; as well as the www.disnecards.com Privacy Policy, incorporated herein by reference. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Site. Violation of these Terms of Service may, in DisnEcard’s sole discretion, result in termination of your account.

Basic Terms:

You must be at least 13 years old to use www.DisnEcards.com.
You may not post or create violent, discriminatory, libelous, unlawful, hateful, obscene or pornographic content on the Site. Exercise common sense and your best judgment when choosing content and interacting with others on the Site.
You must not defame, stalk, bully, harass, threaten, impersonate or intimidate people or entities while using the Site.
You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all rules, regulations and laws (local, state, national or international) applicable to your use of the Site and any material you display on the Site (including but not limited to text, graphics, images, photographs, illustrations, articles, software, music, audio, video, and any other information, also known as “Content”).
You will not submit or transmit any Content through the Site that infringes on any copyright, trademark, patent or trade secret. You represent and warrant that you own the Content posted by you on or through the Site, or you otherwise have the legal right and permission from the rightful owner of any third party copyrighted material to use such material and/or to grant the rights and licenses set forth in these Terms of Service. We do not review new Content prior to it being posted on the Site. By transmitting Content to our server you guarantee to us that you have the right to make this Content available for use. IN OTHER WORDS, IF YOU DON’T OWN THE CONTENT OR HAVE THE PERMISSION FROM THE PERSON WHO DOES OWN IT, DON’T USE IT ON THIS SITE.
We have the right to edit, change, delete or remove any Ecard that you submit; including but not limited to, fixing grammatical mistakes and deleting signatures.
We have the right to deny or cancel any account or any Ecard at anytime. If you repeatedly infringe on other people’s intellectual property rights, we will disable your account when appropriate. Once you submit an Ecard to any public area of the Site, it cannot be deleted or changed.
You will not use the Site as an anonymous email service. Every DisnEcard sent includes the internet Protocol Address from which the login session originated. With this information, the source of a message can be accurately traced, sometimes directly to your computer. This is done for the protection of the Site’s recipients.
You will not use this service to create advertising, promote a product, brand, Web site, social media program, or Facebook Fan page. DisnEcards are for personal use only and shall not be taken off the site. Only social networking buttons provided on the site can be used to share content.
You will not use this service to create junk mail, chain letters, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Please email us through “wdwandbackagain@yahoo.com” to report a violation of www.DisnEcards.com’s Terms of Service, or if you do not wish to receive E-cards from the Site.
You agree that DisnEcards, LLC is not responsible for and does not endorse Content posted within the service. DisnEcards, LLC does not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.
DisnEcards, LLC does not claim ownership of any Content that you use to create your DisnEcard. Instead, you hereby grant to DisnEcards, LLC a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the service.
We reserve the right to modify or terminate the service or your access to the service provided by the Site for any reason, without notice, at any time, and without liability to you. If we terminate your access to the service or you deactivate your account, your Ecards and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Site (for example, if your Content has been shared by others).
You agree that DisnEcards, LLC is not responsible or liable for the conduct of any user or the Content posted thereby.
In order to use the Site, you must submit a valid email address and select a password and username. When creating your account, you must provide accurate and complete information. You may not select or use the name of another person with the intent to impersonate that person with your username, nor may your user name be offensive or obscene.
The Site is partially supported by advertising revenue and may display advertisements and promotions, and you hereby agree that DisnEcards, LLC may place such advertising and promotions on the Site or on, about, or in conjunction with your Content. The extent, manner, and mode of such advertising and promotions are subject to change without specific notice to you. We may not always identify paid services, sponsored content, or commercial communications as such.
DisnEcards, LLC is continuously creating its own material and ideas, and may currently be working on, or have previously worked on, ideas similar or identical to ideas, themes or other elements of your Content. DisnEcards, LLC may have received, or may receive in the future, material similar or identical to an idea, theme, or some element of your Content. Thus, DisnEcards, LLC has no obligation to attribute the authorship of works to you that are developed on the Site using your Content. Furthermore, DisnEcards,LLC is under no obligation to offer you any payment for the Content you submit regardless of whether DisnEcards, LLC receives advertising revenue for or commercializes such Content in any way.
DisnEcards, LLC reserves the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the Site after such update constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms. These Terms of Service will govern any disputes arising before the posting or the effective date of the Updated Terms.
The Site and its content is a collective work and/or compilation that is protected by applicable United States copyright laws, international conventions and other copyright laws. You may not reverse engineer, decompile, reasrrange or disassemble any content, nor copy any source code, used in the creation of the Site, nor shall you use or download any images separate and/or apart from the associated product or service. When displaying or sharing any Site content or user Content, you shall retain all copyright and other proprietary notices contained therein.
You may not modify or alter any images on the Site (including by placing any logos on Ecards created through the Site), nor shall you publish, transmit, distribute, sell, transmit, create derivative works, display or in any way exploit any of the content (other than your user Content, subject to the limitations in Section 9 above) on the Site.
DisnEcards, LLC hereby grants you a limited, revocable, non-sublicensable license to display the Content and transmit the Content through the Site. Except as set forth in this section, reproducing, copying or distributing any Content, materials or design elements on the Site for any purpose other than personal, noncommercial use is strictly prohibited without the express prior written permission of DisnEcards, LLC.
DisnEcards, LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contamination or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means external to the Site for reconstruction of any lost data.
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. Please understand that these other websites are independent of www. DisnEcards.com and not under DisnEcards, LLC’s control. You acknowledge that DisnEcards, LLC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement or affiliation by DisnEcards, LLC with its operators. You further acknowledge and agree that DisnEcards, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused, allegedly or otherwise, by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. By using the Site, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site shall be filed only in the appropriate state or federal court located in Orange County, Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees.

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and www.DisnEcards.com user does not have authority of any kind to bind DisnEcards, LLC in any respect whatsoever.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed limited or eliminated from this Agreement to the minimum extent necessary and shall not affect the validity and the enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein. Either party may terminate this Agreement at any time by notifying the other party by any means. DisnEcards, LLC may also terminate this Agreement immediately without notice if in DisnEcards, LLC’s sole discretion you fail to comply with any terms or provision of this Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless DisnEcards, LLC, its parents, subsidiaries, affiliates, managers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service.

DISCLAIMER

www.DisnEcards.com user acknowledges that DisnEcards, LLC has no control over and no duty to take any action regarding which users gain access to the Site, what Content you access through the Site, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release DisnEcards, LLC from all liability for your exposure or acquisition of Content through the Site. The Site may contain or direct users to other sites containing materials that some users may find offensive or inappropriate.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNECARDS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISNECARDS, LLC DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. DISNECARDS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL DISNECARDS, LLC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR IMPROPERLY ACCESSED OR MISTAKENLY SHARED USER INFORMATION–DUE TO HACKING OR WEBSITE MALFUNCTION–LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DISNECARDS, LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DISNECARDS, LLC’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FAILURE OF EITHER PARTY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY FURTHER RIGHTS HEREUNDER.

If you believe that Content residing on or accessible through the Site infringes someone’s copyright, please send notice of such infringement by regular mail to: DisnEcards, LLC, Attn: Copyright Agent, 10624 Bastille Lane, #306, Orlando, FL, 32836. You must include the following information:

A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law, along with a physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyright;
Identification of the Content that is claimed to be infringing, including information regarding the location of the Content that the copyright owner seeks to have removed, in sufficient detail so as to be found and verified;
Identification of works or material being infringed;
Contact information for the notifier, including address, telephone number, and if available, e-mail address;
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once proper infringement notification is received by the designated agent, it is DisnEcards LLC’s policy to remove or disable access to the infringing Content; notify the Content provider that it has removed or disabled access to the Content; and terminate repeat offenders’ Site access. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Contact: You may contact Disn-E-Cards at the following email address: wdwandbackagain@yahoo.com