LONDONS TIMES ECARDS TERMS OF SERVICE
ecards.londonstimes.us, A London Group company.
The following is a legal agreement between The London Group, an
Arkansas LLC. With
offices at One Garland Place Suite 516, Hot Springs, Ar, 71901
(Ecards.Londonstimes.US "we," "us,"
or "our") and "you," the user of this Site.
By accessing, browsing and/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
Londons Times Ecards com hereby grants you a limited license to
copy and use the materials, features, and services provided by
ecards.londonstimes.us 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 shall 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, and/or processes described and/or used
on this Site may be the subject of intellectual property rights
reserved by ecards.londonstimes.us or other third parties. Except
for the limited license granted above, nothing contained herein
shall be construed as conferring to you in any manner, whether
by implication, estoppel or otherwise, any license, title, or
ownership of or to any intellectual property right of ecards.londonstimes.us
or any third party.
Copyright Information
All of the Material available on the Site is copyright ©
1998-2004, Londons Times Cartoons Or used under license. Londons
Times currently utilizes copyrighted materials from various individuals
and entities. Copyright notices for such material are set forth
wherever such licensed material appears on the Londons Times Ecard
Site.
Trademarks
"Londons Times Ecards"
is a registered servicemark of the lodonstimes.us Network,
. The londonstimes.us bubble
logo is a service mark of the londonstimes.us Network, Inc. All
unauthorized use is prohibited. Use of the Londonstimes.us
trademarks as meta-tags for search engines is strictly
prohibited.
This site is neither endorsed, nor sponsored by, nor affiliated
with the National Academy of Recording Arts & Sciences, Inc.®
GRAMMY® and the gramophone and speaker logo are registered
trademarks of the National Academy of Recording Arts & Sciences,
Inc. All rights reserved.
Acceptable Use Policy
Londonstimes.us has
adopted the following Acceptable Use Policy in order to assure
that its electronic greetings are used in a lawful and appropriate
manner. While ecards.londonstimes.us does not ordinarily monitor
the content of users' greetings, it reserves the right to investigate
reports of misuse of its service and to protect its property and
assets. The following conduct is prohibited on the service:
Violations of the Londons Times Ecards Acceptable Use Policy will
not be tolerated and may result in the sender being blocked from
sending additional greetings on the service. If the sender is
a member of ecards.londonstimes.us
subscription service, Londons Times may disable the sender's
account without compensation or refund. Londons Times Ecards RESERVES
THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES,
INCLUDING GREETINGS RECIPIENTS, THEIR COUNSEL, AND/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 ecards.londonstimes.us
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 eCards to mailing lists to which
you do not have full rights 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.Londons Times Ecards reserves the right
to limit, in its sole discretion and without prior notice to you,
the number of eCards or messages that you may send using the Site
and/or the number of recipients to which you send such eCards
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.
Links and Advertisements
Londons Times Ecards may feature on its Site, in its newsletters,
or in its e-mail communications to you links to third-party web
sites. These may appear in the form of text links, advertisements,
banners, buttons, integrated gift services, digital cash, digital
gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE
THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH
ARE NOT AFFILIATED IN ANY WAY WITH Londons Times Ecards. ecards.londonstimes.us MAKES NO REPRESENTATIONS
AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS,
OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR
FINANCIAL VIABILITY OF ANY ADVERTISER. Londons Times Ecards WILL
NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS
A RESULT OF TRANSACTIONS WITH ANY Londons Times Ecards ADVERTISER.
USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO
DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided
by a link located at another Web site. Neither ecards.londonstimes.us
nor its affiliates makes any representations or give any warranties
with respect to any information contained in or at these other
sites and neither ecards.londonstimes.us nor its affiliates shall
be liable for any damages or injury arising from the content of
these other sites. Neither ecards.londonstimes.us nor its affiliates
endorses the individuals, companies, or other similar entities,
or any products or materials associated with such individuals,
companies, or other similar entities, that provide a link to this
Site.
Creating Your Own Greetings and Photos and/or Images
Londons Times Ecards may allow you to create your own greetings
by uploading your own photos, 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 and/or images to the Site
you are indicating that you own the photo and/or image and/or
have full rights to its use.
When you upload material to the Site and use it to create a greeting,
your material will be used for the transmission of your digital
greeting; however, we may also use such material in the course
of performing testing, training and/or archiving of our and our
affiliates' systems and hereby expressly reserve the right to
do so.
Contests
From time to time, Londons Times Ecards may sponsor contests and
sweepstakes on its Web Sites. Participation in such contests is
entirely voluntary. Londons Times Ecards 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 shall
be 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 shall
become the property of Londons Times Ecards and you hereby consent
to receive special promotions and offers from Londons Times Ecards
and its advertisers, consistent with our Privacy Policy.
In the event that you are awarded any prizes or other consideration,
you give Londons Times Ecards permission to use your name, likeness,
portrait, recorded voice, and biographical information to advertise,
publicize, or promote Londons Times Ecards, its products and services,
and no additional consideration shall 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.
Londons Times Ecards IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC
GREETINGS 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 Londons Times Ecards NOR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/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 Londons Times Ecards 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
Londons Times EcardsAND ITS AFFILIATES' AGGREGATE LIABILITY SHALL
NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER Londons Times Ecards 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
Londons Times Ecards AND ITS AFFILIATES AND PARTIES WITH WHOM
Londons Times Ecards 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 Londons Times Ecards 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 Londons Times Ecards
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 shall cooperate as fully as
reasonably required in defense of any such claim. Londons Times
Ecards reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by
you.
Enforcement by Ecards.Londonstimes.us
In the event Londons Times Ecards determines, in its sole discretion,
that you have violated these Terms, Londons Times Ecards shall
have the right to immediately terminate your account (with or
without refund), refuse membership, or block the sending or receipt
of greetings from our Site, and/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, shall be governed by and construed in accordance
with the laws of the State of Ohio. Any dispute arising between
you and Londons Times Ecards will be submitted to binding arbitration
in Cleveland, Ohio in accordance with the American Arbitration
Association's standard rules then in effect for arbitration of
commercial disputes.
Updates to Terms
Londons Times Ecards shall have the right to revise these Terms
at any time by updating this posting. 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
The terms of our privacy policy can be found by clicking
here.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Londons Times
Cartoons c/o. The London Group Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE,
AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS
PROCESS.
Written notification must be submitted to the following Designated
Agent:
|
Name of Agent Designated to Receive |
Richard Stetelman |
|
Full Address of Designated Agent to |
1 Garland Place Ste 516 |
|
Telephone Number of Designated Agent: |
(501) 442-0099 |
|
Facsimile Number of Designated Agent: |
(501-588-1966 |
|
Email Address of Designated Agent: |
londonstimes@cablelynx.com |
To be effective, pursuant to Title 17, United States Code, Section
512(c)(3)(A), the Notification must include the following: