Terms of Service
This is to notify you that by sending an E-Card you are thereby agreeing to both these NOTICE terms and the more extensive terms listed in the EXTENDED TERMS OF SERVICE below.
BoomerEcards is not for use by people under 18 years of age.
BoomerEcards User will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
BoomerEcards User will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
BoomerEcards User agrees not to use the service for illegal purposes.
BoomerEcards User recognizes and accepts that BoomerEcards is not intended to be an Anonymous Email Service. Every E-Card sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of BoomerEcards recipients.
To report a violation of the BoomerEcards Rules and Regulations, please e-mail us through our "HYPERLINK http://www.BoomerEcards.com/contact.html.
RESTRICTIONS ON USE OF MATERIALS
This site is owned by BoomerEcards (herein referred to as " BoomerEcards " or BoomerEcards.com, "we," "us," or "our"). You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively called "Content"), which is generally provided by BoomerEcards or its subsidiaries or by licensors of BoomerEcards. No material from BoomerEcards.com or any other Web site owned, operated, licensed or controlled by BoomerEcards may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Modification or use of the materials for any commercial purpose is a violation of copyright and other proprietary rights owned by parties including BoomerEcards and its affiliates.
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, BoomerEcards DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BoomerEcards DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BoomerEcards DOES NOT WARRANT 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 BoomerEcards) 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.
THIRD PARTY PROPERTY
You agree that you may upload to the software files and bulletin boards, or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. Unless specified otherwise in your upload, by submitting Content to any "Public Area" (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. In other words, if you don't own the content, or if you don't have permission from the person who does, don't upload it to this or any other site of ours.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall BoomerEcards 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 BoomerEcards or a BoomerEcards 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 BoomerEcards' 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.
BoomerEcards welcomes comments regarding its products and services. However, our policy is not to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We request that you NOT send us any such ideas. We do value your feedback about our services and products, but we request that you be specific in your comments about those services and products, and we further request that you NOT submit any creative ideas, suggestions or materials. If, in spite of our requests NOT to, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of BoomerEcards. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
This agreement shall be governed by and construed in accordance with the laws of the State of Maryland, 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. 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.
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 BoomerEcards 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 BoomerEcards if in BoomerEcards' 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 BoomerEcards site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
At BoomerEcards we have a firm commitment to protecting your privacy and security as our customer. We do not share your individual customer contact information with third parties, except for those select organizations with which BoomerEcards has a legal or contractual obligation or relationship. We currently do not sell our e-mail address list or Internet customer financial or contact information and will not do so in the future without your express permission. We do not use or share the e-mail addresses of E-card recipients with anyone.
Please report any violations of the Terms of Service to BoomerEcards: firstname.lastname@example.org