CardFountain | Terms And Conditions

ECARDS:

Animated ECards, Birthday Cards, Talking Cards, & ECards

Card Fountain has been providing members with 1000's of flash animated ecards, flash ecards, printable cards, time saving member tools, gift cards, online greeting cards, & more ecards, since 2001.

CARDFOUNTAIN.COM | TERMS & CONDITIONS

TERMS OF SALE | PRIVACY POLICY

TERMS & CONDITIONS ( CARDFOUNTAIN/FUNNYTAF,INC )

Includes web sites owned by FunnyTaf, Inc: ( funnytaf.com / cardfountain.com )

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING OUR SITES. BY USING ANY OF OUR SITES, YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU ARE NOT AGREEABLE TO THESE TERMS OF USE, PLEASE DO NOT USE ANY OF OUR WEB SITES.

1. DEFINITIONS
"User" means any person who establishes or accesses connection to FunnyTaf Inc. for access to and use of any web site belonging to FunnyTaf Inc. "Member" means any person joining any service provided by FunnyTaf, Inc.

2. DESCRIPTION OF SERVICES
(A) FunnyTaf Inc. provides User with a capability to send electronic mail via the World Wide Web and on FunnyTaf Inc's own system. In consideration for this Service, User agrees to comply with the terms and conditions as 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, FunnyTaf Inc. retains the right to terminate User's rights to use the Service.

3. GENERAL
(A) This Agreement, which incorporates by reference other provisions applicable to use of web sites owned by FunnyTaf, Inc., sets forth the terms and conditions that apply to use of such sites by User. By using sites owned by FunnyTaf, Inc., User agrees to comply with all of the terms and conditions hereof. The right to use web sites belonging to FunnyTaf, Inc. is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

(B) FunnyTaf Inc. shall have the right at any time to change or discontinue any aspect or feature of any or all of its web sites, including, but not limited to, content, hours of availability, and equipment needed for access or use.

4. CHANGED TERMS
FunnyTaf Inc. shall have the right at any time to change or modify the terms and conditions applicable to User's use of web sites belonging to FunnyTaf, Inc., or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on sites belonging to FunnyTaf, Inc., or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of sites owned by FunnyTaf, Inc. by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

5. USER CONDUCT
(A) User shall use sites owned by FunnyTaf, Inc. for lawful purposes only. User shall not post or transmit through web sites owned by FunnyTaf, Inc. 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 FunnyTaf Inc's expressed prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FunnyTaf Inc's discretion restricts or inhibits any other User from using or enjoying web sites owned by FunnyTaf, Inc. will not be permitted. User shall not use sites owned by FunnyTaf, Inc. 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 any site owned by FunnyTaf, Inc.

(B) Sites owned by FunnyTaf, Inc. contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. FunnyTaf, Inc. and it's its licensors have copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. FunnyTaf, Inc. contains some content obtained from royalty free collections purchased from various companies by FunnyTaf, Inc. 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 designated 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 FunnyTaf, Inc. 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. User agrees not to download any content from sites owned by FunnyTaf, Inc. that FunnyTaf Inc. has not designated to be available for download.

(C) User shall not upload, post or otherwise make available on sites owned by FunnyTaf, Inc. 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 sites owned by FunnyTaf, Inc., User automatically grants, or warrants that the owner of such material has expressly granted FunnyTaf Inc. 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, and store or reproduce the material for that User's personal use. User hereby grants FunnyTaf Inc. the right to edit, copy, publish and distribute any material made available on sites owned by FunnyTaf, Inc. by User.

(D) The foregoing provisions of Section 5 are for the benefit of FunnyTaf Inc., 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 SITES OWNED BY FUNNYTAF, INC. IS AT USER'S SOLE RISK. NEITHER FUNNYTAF, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SITES OWNED BY FUNNYTAF, INC. WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SITES OWNED BY FUNNYTAF, INC., OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WEB SITES OWNED BY FUNNYTAF, INC.

(B) FUNNYTAF, INC. SERVICES ARE 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. FUNNYTAF, INC. 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 FUNNYTAF, INC.) 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 FUNNYTAF, INC. 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 FUNNYTAF, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SITES OWNED BY FUNNYTAF, INC. OR THE FUNNYTAF, INC. 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 WEB SITES AND SERVICES OWNED BY FUNNYTAF, INC. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WEB SITES OWNED BY FUNNYTAF, INC.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FUNNYTAF, INC., 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 WEB SITES OWNED BY FUNNYTAF, INC., 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 FUNNYTAF, INC. 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 WEB SITES OWNED BY FUNNYTAF, INC.

7. MONITORING
FunnyTaf Inc. shall have the right, but not the obligation, to monitor the content on web sites owned by FunnyTaf, Inc., to determine compliance with this Agreement and any operating rules established by FunnyTaf Inc. and to satisfy any law, regulation or authorized government request. FunnyTaf Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on web sites owned by FunnyTaf, Inc. Without limiting the foregoing, FunnyTaf Inc. shall have the right to remove any material that FunnyTaf Inc., 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 FunnyTaf Inc., 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 web sites owned by FunnyTaf, Inc. by User or User's Account.

9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall FunnyTaf Inc. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in sites owned by FunnyTaf, Inc., even if FunnyTaf Inc. or a FunnyTaf Inc. 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 FunnyTaf Inc's 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. 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 FunnyTaf Inc. 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 FunnyTaf Inc. if in FunnyTaf Inc's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from web sites owned by FunnyTaf, Inc. and any and all other FunnyTaf Inc. site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

11. CONCLUSION
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able 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 can be modified at any time by FunnyTaf Inc.

CONTACTING THE WEB SITE:
If you have any questions about this statement, the practices of our company, or your dealings with our company, you can contact support ( http://support.cardfountain.com ).

ADDITIONAL SEPERATE AND INCLUSIVE AGREEMENTS:

"Terms Of Sale" for CardFountain:
http://www.cardfountain.com/tos.php

"Privacy Policy" for CardFountain:
http://www.cardfountain.com/privacy.php

This web site, design, content, and technology, are owned by & ©Copyright FunnyTaf, Inc. / CardFountain Greetings, & its licensors.