PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU ARE NOT AGREEABLE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
1. DEFINITIONS
"Pacific Products Gallery Greeting Cards" is the interactive online service operated by Pacific Products, Inc. on the Internet. User means any person who
establishes or accesses a connection to Pacific Products Gallery Greeting Cards for access to and use of Pacific Products Gallery Greeting Cards.
2. DESCRIPTION OF SERVICE
Pacific Products Gallery Greeting Cards is provides the User with the capability to send electronic mail via the World Wide Web and on Pacific Products Gallery Greeting Cards own system. In consideration for this Service, User agrees to comply with the terms and conditions 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, Pacific Products Gallery Greeting Cards retains the right to terminate the User's rights to use the Pacific Products Greeting Card Service.
4. CHANGED TERMS
Pacific Products Gallery Greeting Cards shall have the right at any time to change or modify the terms and conditions applicable to the User's use of Pacific Products Gallery Greeting Cards, or any part thereof, or to impose new conditions on use of Pacific Products Gallery Greeting Cards.
5. USER CONDUCT
(A) The User shall use Pacific Products Gallery Greeting Cards for lawful purposes only. The User shall not post or transmit through Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Pacific Products Gallery Greeting Cards' discretion restricts or inhibits any other User from using or enjoying Pacific Products Gallery Greeting Cards will not be permitted. User shall not use Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards.
(B) Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards are copyrighted as a collective work under the United States copyright laws. Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards, User automatically grants, or warrants that the owner of such material has expressly granted Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards the right to edit, copy, publish and distribute any material made available on Pacific Products Gallery Greeting Cards by the User.
(D) The foregoing provisions of Section 5 are for the benefit of Pacific Products Gallery Greeting Cards, 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 PACIFIC PRODUCTS GALLERY GREETING CARDS IS AT USER'S SOLE RISK. NEITHER PACIFIC PRODUCTS GALLERY GREETING CARDS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PACIFIC PRODUCTS GALLERY GREETING CARDS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PACIFIC PRODUCTS GALLERY GREETING CARDS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PACIFIC PRODUCTS GALLERY GREETING CARDS.
(B) PACIFIC PRODUCTS GALLERY GREETING CARDS 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.PACIFIC PRODUCTS GALLERY GREETING CARDS 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 PACIFIC PRODUCTS GALLERY GREETING CARDS) 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 PACIFIC PRODUCTS GALLERY GREETING CARDS 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 PACIFIC PRODUCTS GALLERY GREETING CARDS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PACIFIC PRODUCTS GALLERY GREETING CARDS OR THE PACIFIC PRODUCTS GALLERY GREETING CARDS 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 PACIFIC PRODUCTS GALLERY GREETING CARDS. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PACIFIC PRODUCTS GALLERY GREETING CARDS.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PACIFIC PRODUCTS GALLERY GREETING CARDS, 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 PACIFIC PRODUCTS GALLERY GREETING CARDS, 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 PACIFIC PRODUCTS GALLERY GREETING CARDS 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
Pacific Products Gallery Greeting Cards shall have the right, but not the obligation, to monitor the content of Pacific Products Gallery Greeting Cards, to determine compliance with this Agreement and any operating rules established by Pacific Products Gallery Greeting Cards and to satisfy any law, regulation or authorized government request. Pacific Products Gallery Greeting Cards shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Pacific Products Gallery Greeting Cards. Without limiting the foregoing, Pacific Products Gallery Greeting Cards shall have the right to remove any material that Pacific Products Gallery Greeting Cards, 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 Pacific Products Gallery Greeting Cards, 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 Pacific Products Gallery Greeting Cards by User or User's Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards or a Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards' 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 the United States Of America. Pacific Products Gallery Greeting Cards may change, add, or delete programs described in this website at any time without notice. This site is controlled by Pacific Products Gallery Greeting Cards and Pacific Products Gallery Greeting Cards makes no representation that materials in the site are appropriate or available for use outside of the United States Of America. Many of the images used here are for use in the United States Of America only and those who choose to access these images from outside the United States Of America 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 State of California, without giving effect to any principles of conflicts of law. 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.
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 Pacific Products Gallery Greeting Cards 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 Pacific Products Gallery Greeting Cards if in Pacific Products Gallery Greeting Cards' 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 Pacific Products Gallery Greeting Cards 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.