Carded.tv Terms of Use

Terms of Use

CARDED.TV TERMS OF SERVICE

The following is a legal agreement between 10ton LLC ("10ton") a New York limited liability company and "you," the user of this Site. By accessing, browsing 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

10ton hereby grants you a limited license to copy and use the materials, features, and services provided by 10ton 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 must 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, or processes described or used on this Site may be the subject of intellectual property rights reserved by 10ton or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of 10ton or any third party.

Copyright Information

Acceptable Use Policy

10ton has adopted the following Acceptable Use Policy in order to assure that its eCards are used in a lawful and appropriate manner. While 10ton does not ordinarily monitor the content of users' eCards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets.

Prohibited Content includes, but is not limited to, Content that, in the sole discretion of 10ton:

- is illegal;
- is patently offensive;
- attempts to conceal or misrepresent the identity of the sender;
- attempts to steal passwords or credit card information;
- violates the copyright or any other rights of any third party;
- harasses or threatens, or advocates the harassment or threatening of, another person;
- contains nudity, violence, or offensive subject matter or contains a link to a website that contains such material;
- solicits personal information from anyone under 18;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes any activity that is abusive, threatening, obscene, defamatory or libelous;
- promotes any illegal or copyright infringing work, such as providing links to pirated or unauthorized programs or works;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- involves the transmission of any harmful executable code;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes any photograph of another person without that person's consent;
- involves criminal or tortious activity including, without limitation, child pornography, fraud, drug dealing, gambling, stalking, or theft of trade secrets;
- advertising to, or solicitation of, another person to buy or sell any products or services;
- using any information obtained from Carded.tv in order to contact, advertise to, solicit, or sell to any other person;
- interfering with, disrupting, or creating an undue burden on the Carded.tv Services or the networks or services connected to the Carded.tv Services;
- using any information obtained from the Carded.tv Services in order to harass, abuse, or harm another person;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Carded.tv Services on behalf of that person, such as posting blogs with a commercial purpose, or sending messages with a commercial purpose; or
- using the Carded.tv Services in a manner inconsistent with any and all applicable laws and regulations.

Violations of this Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional eCards on the service. 10TON RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, 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 10OTON 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 eCards to mailing lists 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. 10ton 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 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.

Using Your Own Content, Photos, Videos, or Images

10ton may allow you to create your own Cards by uploading your own photos, videos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornographic, or illegal materials.

When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital eCard; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

You also understand that 10ton takes no responsibility for misspellings, misalignment, typographical errors, or other user-generated errors.

Contests

From time to time, 10ton may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. 10ton does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation is governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest becomes the property of 10ton and you hereby consent to receive special promotions and offers from 10ton and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give 10ton permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote 10ton, its products and services, and no additional consideration will be paid for such rights.

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. 10ton IS 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 10TON NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY 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 10ton 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 10ton AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER 10TON 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 10TON AND ITS AFFILIATES AND PARTIES WITH WHOM 10ton 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.

International Use

Neither 10ton nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

You hereby indemnify, defend and hold harmless 10ton 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 must cooperate as fully as reasonably required in defense of any such claim. 10ton reserves 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 10ton determines, in its sole discretion, that you have violated these Terms, 10ton 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, or pursue any other remedies available to it under applicable law.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, are governed by and construed in accordance with the laws of the State of New York.

Updates to Terms

10ton has the right to revise these Terms at any time by updating this page. 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