Dieter and Joy Photography E-CARDS TERMS OF SERVICE
NOTICES
This is to notify you that by sending an E-Card you thereby agreeing to both these NOTICE terms and the the more exstensive terms listed in the EXTENDED TERMS OF SERVICE below.
- E-Cards 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.
- E-Cards 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.
- E-Cards User agrees not to use the service for illegal purposes.
- E-Cards User recognizes and accepts that E-Cards 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 E-Cards recipients.
To report a violation of the E-Cards Rules and Regulations, please e-mail us through our "Contact" form.
Dieter and Joy Photography E-Cards USE OF USER E-MAIL ADDRESSES:
DIETER AND JOY PHOTOGRAPHY does not sell or distribute the e-mail addresses of anyone using our system. The only time DIETER AND JOY PHOTOGRAPHY will intentionally release information concerning a User's communications is to:
- help users or recipients send or pickup their E-Cards;
- conform to the edicts of the law or comply with legal process served on Dieter and Joy Photography E-Cards;
- protect and defend the rights or property of DIETER AND JOY PHOTOGRAPHY; or
- act under exigent circumstances to protect the personal safety of its Users or the public.
EXTENDED TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
DIETER and JOY PHOTOGRAPHY E-Card Service ("Service"), operated by DIETER and JOY PHOTOGRAPHY ("DJP"), is provided
to you under the terms and conditions of this DJP Terms of Service (DTS) and any operating rules or policies that
may be published by DJP. The DTS comprises the entire agreement between User and DJP and supersedes all prior
agreements between the parties regarding the subject matter contained herein. By sending an E-Card and clicking on
the "Send" button, you are indicating your agreement to be bound by all of the terms and conditions of the DTS.
2. DESCRIPTION OF SERVICE
DJP is providing User with a capability to send electronic mail via the World Wide Web and on DJP's own system. User
must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World
Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such
access.
In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information
about User as prompted to do so by the Service.
If any information provided by User is incomplete or inaccurate, DJP retains the right to terminate User's rights to
use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
DJP may change the terms and conditions of the DTS from time to time. The changes may be seen by reviewing this
document before sending a E-Card.
User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the DTS and its
modifications; and (2) agreement by User to abide and be bound by the DTS and its modifications.
4. MODIFICATIONS TO SERVICE
DJP reserves the right to modify or discontinue the Service with or without notice to User. DJP shall not be liable
to User or any third party should DJP exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
It is DJP's policy to respect the privacy of its Users. Therefore, DJP will not monitor, edit, or disclose the
contents of a User's private communications unless required to do so by law or in the good faith belief that such
action is necessary to: (1) conform to the edicts of the law or comply with legal process served on DJP; (2) protect
and defend the rights or property of DJP; (3) act under exigent circumstances to protect the personal safety of its
Users or the public (4) to help senders and recipients with their E-Cards comunications.
User acknowledges and agrees that DJP neither endorses the contents of any User communications nor assumes
responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any
infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
User acknowledges and agrees that certain technical processing of email messages and their content may be required
to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the
limitations of the Service; or (4) conform to other similar requirements.
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND &
"AS AVAILABLE" BASIS.
DJP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DJP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES DJP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DJP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DJP OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
8. LIMITATION OF LIABILITY
DJP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF User'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DJP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User agrees not to resell the Service. Commercial use of the Service that is compliant with this Terms of Service
agreement is permitted.
10. E-Card MESSAGE STORAGE
DJP assumes no responsibility for the deletion or failure to store e-card messages.
11. OTHER LIMITATIONS
DJP retains the right, at DJP's sole discretion, to determine whether or not User's conduct is consistent with the
letter and spirit of the DTS and may terminate Service if a User's conduct is found to be inconsistent with the
DTS.
12. User CONDUCT
User is solely responsible for the contents of his or her transmissions through the Service. User's use of the
Service is subject to all applicable local, state, national and international laws and regulations.
User agrees: (1) to comply with Internatinal and local laws regarding the transmission of technical data exported
from its Origin through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or
disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of
networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to
Internet regulations, policies and procedures. User will not use the Service or any mailbox on the Service for chain
letters, unsolicited e-mail, or any use of electronic mailing to any person who has not given specific permission to
be included in such a process.
User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any
material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited.
User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment
of similar services.
DJP may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these
terms and conditions of the DTS.
13. INDEMNIFICATION
User agrees to indemnify and hold DJP, its parents, subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's
use of the Service, the violation of this DTS by User, or the infringement by User, or other user of the Service
using User's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION
DJP offers free e-mail service to all users. DJP reserves the right to terminate the Service with or without cause
at any time and effective immediately. DJP shall not be liable to User or any third party for termination of
Service.
Should User object to any terms and conditions of the DTS or any subsequent modifications thereto or become
dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the
Service.
Upon termination of the Service, User's right to use the Service and Software immediately ceases.
15. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. DJP may
broadcast notices or messages through the Service to inform User of changes to the DTS, the Service, or other
matters of importance; such broadcasts shall constitute notice to User.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate in promotions of the Advertisers showing their products on
the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or representations associated with such correspondence or
promotions, are solely between the corresponding User and the Advertiser. DJP assumes no liability, obligation or
responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video,
graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced
information presented to User by the Service "Content" by DJP or DJP's Advertisers, or DJP affiliated Artists, is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is
only permitted to use this Content as expressly authorized by the Service, Artist or the Advertiser. User may not
copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do
so by the Service, Artist or the Advertiser.
18. LAWS
Any dispute, arising out of or relating to this DTC, the breach or invalidity thereof, shall be settled by
arbitration, in accordance with Part V (International Arbitration) of the Malta Arbitration Act and the Arbitration
Rules of the Malta Arbitration Centre as at present in force. The appointing authority/administrator of the
arbitration shall be the Malta Arbitration Centre. The place of arbitration is agreed to be Malta.The language to be
used in the proceedings shall be English.
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