PalmbeachParadise.com Postcard Terms Of Use !

ENTERING PALMBEACHPARADISE.COM WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER PalmbeachParadise.com.

The following is a legal agreement between PalmbeachParadise.com ("PalmbeachParadise.com," "we," "us," or "our") and "you," the user of this Site.

By accessing, browsing and/or using this Web site ("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

PalmbeachParadise.com hereby grants you a limited license to use the features and services provided by PalmbeachParadise.com 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 PalmbeachParadise.com or other third parties. 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 intellectual property right of PalmbeachParadise.com or any third party.

All of the Material available on the Site is copyright (c) 2002, PalmbeachParadise.com, or used under license. PalmbeachParadise.com currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the PalmbeachParadise.com Site.

This website contains material protected by law, including but not limited to copyrights and trademarks. All rights in such material are reserved to PalmbeachParadise.com and materials may not be reused in any way or copied in whole or part without prior written permission from PalmbeachParadise.com. ANY UNAUTHORIZED USE OF PALMBEACHPARADISE.COM CONTENT WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

You agree that you will not upload or transmit any Content to PalmbeachParadise.com that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. PalmbeachParadise.com will remove any card or other transmission that is deemed to unlawfully contain such content. Repeated abuse of this policy will be considered on a case-by-case basis, and may result in cancellation of usage privileges. (To report such abuse, please email abuse@PalmbeachParadise.com)

If you beleave that there is a coyright infringement on this site please report it to Copyright@PalmbeachParadise.com. In order to follow up on your notification, it must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the PalmbeachParadise.com Site sufficient to allow us to locate the material;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Acceptable Use Policy

PalmbeachParadise.com has adopted the following Acceptable Use Policy in order to assure that its electronic postcards are used in a lawful and appropriate manner. While PalmbeachParadise.com does not ordinarily monitor the content of users' greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets.

You are entirely responsible and liable for all activities conducted through your usage. Listed below are some, though not all, violations which may result in PalmbeachParadise.com terminating your usage.

The following conduct is prohibited on the service, you agree not to do any of the following actions while using PalmbeachParadise.com:
:

sending harassing, abusive, or threatening messages;
embarrass or cause distress or discomfort upon another user, or other individual or entity;
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;
transmit any information, data, text, files, links, software, chat, communication or other materials ("Content") that can be considered to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing this site or in connection with your use PalmbeachParadise.com Postcards in any manner.
attempting to conceal or misrepresent the identity of the sender.

Violations of the PalmbeachParadise.com' Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional postcards on the service.

PALMBEACHPARADISE.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING POSTCARD 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 PALMBEACHPARADISE.COM 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.

Spam

You may not use this Site to send online postcards 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. PalmbeachParadise.com reserves the right to limit, in its 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.

We do not tolerate the use of this site for spam!

Links and Advertisements

PalmbeachParadise.com may feature on its 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 PALMBEACHPARADISE.COM. PALMBEACHPARADISE.COM MAKES 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. PALMBEACHPARADISE.COM WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY PALMBEACHPARADISE.COM 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 PalmbeachParadise.com nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither PalmbeachParadise.com nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither PalmbeachParadise.com nor its affiliates endorses 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. PALMBEACHPARADISE.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC POSTCARDS 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 PALMBEACHPARADISE.COM NOR ANY OF ITS 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 PALMBEACHPARADISE.COM HAS 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 PALMBEACHPARADISE.COM' AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER PALMBEACHPARADISE.COM NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES 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 PALMBEACHPARADISE.COM AND ITS AFFILIATES AND PARTIES WITH WHOM PALMBEACHPARADISE.COM 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 PalmbeachParadise.com and its 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. PalmbeachParadise.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement by PalmbeachParadise.com

In the event PalmbeachParadise.com determines, in its sole discretion, that you have violated these Terms, PalmbeachParadise.com shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.

Updates to Terms

PalmbeachParadise.com 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

It is PalmbeachParadise.com's policy to take all reasonable measures to respect the privacy of PalmbeachParadise.com users. PalmbeachParadise.com will take all reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to:

conform to the edicts of the law or comply with legal process served on PalmbeachParadise.com;
protect and defend the rights or property of PalmbeachParadise.com or enforce or further the application or intent of the terms of this Agreement;
act to protect the personal safety of PalmbeachParadise.com users or the public.

Minors

In cases where you have authorized another individual, including a minor, to use PalmbeachParadise.com, you recognize that you are fully responsible for:

the online conduct of such user;
controlling the users access to and use of PalmbeachParadise.com;
the consequences of any misuse.

You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account. YOU ACKNOWLEDGE THAT SOME AREAS OF PALMBEACHPARADISE.COM MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

WHAT TO DO

If you witness content on PalmbeachParadise.com that violates this Agreement or the PalmbeachParadise.com rules then in effect, please email the offending person's identification and cut and paste the relevant content into an email to abuse@PalmbeachParadise.com. PalmbeachParadise.com cannot guarantee that any action will be taken as a result of your email.

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