Beliefnet Greetings -

Term Of Service

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE

Beliefnet, Inc. (hereinafter referred to as "Beliefnet" or "us" or "we") provides this website, www.beliefnetgreetings.com and all related content and services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this Terms of Service ("TOS"). Beliefnet reserves the right at any time to:

change the terms and conditions of this TOS;
change the Site, including eliminating or discontinuing any content on or feature of the Site;
change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site.

Any changes we make will be effective immediately upon notice, which we may provide by posting on the Site. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version.

BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE. BY USING THE SITE YOU ARE INDICATING THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE NOT 13 YEARS OLD PLEASE DO NOT ENTER THE SITE.

Your Registration Obligations

When and if you register to become a Member, you agree to (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at feedback@beliefnetgreetings.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Jurisdictional Issues

Beliefnet makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Disclaimer Regarding Links and Member Websites

The Site may provide links to other Internet websites or resources ("Linked Sites"). Beliefnet neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites. You acknowledge and agree that Beliefnet is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You further acknowledge and agree that Beliefnet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Site.

Termination

You agree that Beliefnet, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

Indemnification

You agree to indemnify, defend, and hold Beliefnet and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, (b) any allegation that any materials that you submit via the Site infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (c) your activities in connection with the Site.

Proprietary Rights

You acknowledge and agree that the Site and the eCards contain copyrighted material, trademarks, and other proprietary information that is protected by applicable intellectual property and other laws, and are the sole property of Beliefnet or Beliefnet's licensors. You may download and send e-Cards for your personal use only, and you may not copy, redistribute, retransmit, republish or otherwise commercially exploit the eCards and/or other materials on the Site. You further acknowledge and agree that content contained in advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Any audio, video, images and/or other content submitted or transmitted in connection with your use of the Site (collectively, "Materials") must be original to you or submitted with the express permission of the owner of the copyright, trademark or other proprietary rights of that Material. You are responsible for ensuring that any submitted Material does not violate anyone else's copyright, trademark or other proprietary rights, and you shall be solely liable for any damage resulting from any infringement of copyrights, trademarkmarks, proprietary rights or any other harm resulting from such a submission. By sending or transmitting Materials through use of the Site, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to Beliefnet shall be fully paid-up and royalty free. In no event, however, shall Beliefnet have any obligation to pay a fee to a Member in connection with any transfer of Beliefnet's business, including without limitation any merger or sale or transfer of all or substantially all of the assets of Beliefnet, nor shall the sale of advertising on any Beliefnet site, including the Site, give rise to any obligation to pay a fee to Member.

While we have no obligation to monitor materials that you or third parties transmit or post on or to the Site, you acknowledge and agree that we have the right, but not the obligations to monitor the Site. None of the Materials submitted or transmitted via the Site shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. You agree not to send greeting cards with content that is threatening, embarrassing, abusive, harassing, obscene, hateful, defamatory or otherwise inappropriate. Beliefnet Greetings shall have the right, but not the responsibility, to remove greeting cards which are deemed in our sole discretion in violation of this agreement.

Beliefnet Greetings Privacy Policy

Our policy with respect to the collection and use of personal information is set forth at http://www.beliefnetgreetings.com/upcardme.php?step=policy.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Beliefnet infringe your copyright, you, or your agent may send Beliefnet notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Beliefnet actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Beliefnet a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Beliefnet's Copyright Agent for notice of claims of copyright infringement or counter notice can be reached as follows:

Designated Agent:	Elizabeth Sams
Address of Agent:	303 Park Avenue South Box #1062 NY, NY 10010
Telephone:	(212) 533-1400
Fax:	(212) 533-1492
E-mail for notice:	webmaster@beliefnetgreetings.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Disclaimer of Warranties

THE SITE, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BELIEFNET AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE AND ACCESS TO AND USE OF THE MEMBER WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE , OR THE SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER BELIEFNET NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY CONTENT CONTAINED ON THE SITE; (III) STATEMENTS OR CONDUCT ON THE SITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT, (VII) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR IS TO STOP USING THE SITE.

General Information

The TOS constitute the entire agreement between you and Beliefnet and governs your use of the Site. The TOS and the relationship between you and Beliefnet shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You and Beliefnet agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the country of New York in the State of New York and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Beliefnet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.