This Agreement governs the use of GoodZend, its directory websites, and all associated services related to the websites www.goodzend.com (collectively, the "Site"), which are owned and operated by GoodZend ("GoodZend", "us", "our", "we"), the legal owner of the Site. By accessing or using the site , you are agreeing to comply with and be bound by the following terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should not use the Site.
We are committed to protecting the privacy of children. The Site is not intended or directed to children under the age of 16. If you are not at least 16 years old, please discontinue your use of the Site and do not provide any personal information to GoodZend. By continuing to use the Site, you warrant that you are at least 16 years old.
Use of Content; Ownership.
You acknowledge that the Site contain information, software, photographs, audio and video clips, graphics, text, images, illustrations, designs, icons, links and other material that are protected by copyright, trademark or other proprietary rights of GoodZend or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by GoodZend.
The phrase "www.goodzend.com" is a trademark owned by GoodZend. Other trade names and trademarks present on the Site appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party’s trademark or trade name on the Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
Rules of Conduct.
The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, ideas, opinions, images, or other content on the Site ("User Content"). You may not post on the Site any content which (a) is libelous, false, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Site any links to any external Internet sites that are obscene or pornographic. You may not impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity. You shall not use the Site for any commercial purpose not expressly approved by GoodZend, nor shall you distribute any "spam," advertising or solicitation of funds or goods and services or solicit users to join competitive online services. You agree that, in submitting User Content, you will only submit User Content that is reasonably related to the subject matter of the online discussion or Site, as applicable. You are expressly prohibited from using our Site to post or transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
As further conditions to your use of the Site and the Content, you further specifically agree that you will not:
• Upload, email or otherwise transmit any images or other Content that invade the privacy of any third party, or are otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
• Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These materials may not be transmitted over the Site without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
• Transmit materials that contain any Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Seek to use for financial gain the Site, related computer facilities, or information available on the Site.
• Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
• Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Site.
• Use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
On specific areas of our Site you will be allowed to submit User Content. We do not prescreen User Content. GoodZend shall have, in its sole discretion, the right to edit, refuse, remove or move any User Content from the Site.
Please understand that we do not control – and do not necessarily endorse – any User Content. When you access User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content.
We disclaim all responsibility or liability arising from User Content, and assume no responsibility for any error, omission, defamation, falsehood, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by User(s) on discussion forums, which we may include on the Site.
The nature of our Site is interactive and public. By sending an e-card containing User Content to a recipient, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. All User Content shall be and remain the property of its original owner. By submitting the User Content to the Site, you represent and warrant that you own the User Content and/or have the right to authorize the use of the User Content by GoodZend. You hereby grant us a perpetual and irrevocable license and right to use the User Content on the Site and in connection with the GoodZend business. Moreover, we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any User Content you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.
Third Party Information and Links.
Certain content from third parties may be made available as part of the Site. This content is believed to be reliable, but we do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and GoodZend makes no warranty as to the accuracy of any such information. The Site may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors, or other third parties. Clicking on such a link to a third party website will cause you to leave the Site. The links are only provided as a convenience and we do not endorse any of these sites. We do not control the third party sites and therefore, we are not responsible for the content of any third party website or any link contained in any third party website. By using the Site to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Site to link to a third party website. Concerns regarding any third party service, resource, or link should be directed to the particular outside service or resource. Access to other sites linked to the Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to the Site, even if the logo or mark of www.goodzend.com or GoodZend is used as part of the link to the Sites.
The Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites is accurate and complies with applicable laws. You agree that GoodZend shall not be responsible for the illegality or any error, inaccuracy or problem in the advertiser or sponsor's materials. You also agree that GoodZend shall not be responsible or held liable for loss, damage or disputes resulting from dealing with advertisers or advertisements on the Site.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration. Each registration is intended for your personal use only, and you are responsible for preventing (a) any other person from using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. Such use of the Sites is prohibited.
If you believe that materials posted on the Sites infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections, or disable access to material that you believe infringes your Work. If you believe materials posted on the Sites infringe the copyright in your Work, your concerns should be directed to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
Nassau, DE 19969
You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work which you believe is being infringed;
(iii) Identify the material on our Sites which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection hereunder, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate and signed under penalty of perjury.
Upon receipt of a proper notice in the form specified above (a "Notice"), we may remove or disable access to the materials on the Sites which you assert infringe your Work and notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent has an opportunity to dispute your claim that his or her materials infringe your Work. The Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.
Fees and Payments; Taxes.
We may from time to time provide pricing and payment terms via the Site for use of our services and/or certain features and functionality of the Site, and such payment and pricing terms may vary by user and type and nature of the transaction. We charge a $2.00 non-refundable fee to send an e-card (the “Non-Refundable Fee”). After the e-card has been sent, the Non-Refundable Fee is non-refundable under all circumstances, including failure of the recipient to receive the e-card.
We are not a bank and we do not offer banking services as defined by the United States Department of Treasury. We utilize one or more payment processors (each, a “Payment Processor”) to process payments, and We are not liable in any manner for the performance of PayPal or any other such third party Payment Processor in providing such payment processing service. By using the Site and/or by making use of some or all of these payment processing services, you agree to be bound such Payment Processor’s terms and conditions and hereby consent and authorize us to delegate the authorizations and collect, analyze, and share the information you provide to us with the Stripe or the other applicable Payment Processor to the extent required to provide our services to you. We reserve the right to deny access to the Site or our services and/or terminate a user’s account for failure to pay fees when due.
Errors, Corrections and Changes.
We do not represent or warrant that the Sites will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Sites will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Sites at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Sites.
You acknowledge that documents posted to and Content available at the Sites may contain computer viruses. Should you download any such materials from the Sites, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITES. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subsidiaries, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from and against any and all liabilities, losses, claims, demands, disputes of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or related to your violation of this Agreement or use of the Sites.
Disclaimer of Warranties.
YOU AGREE THAT USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. GOODZEND DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS WITHIN THE SITES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS, OMISSIONS OR INACCURACIES IN THIS INFORMATION AND MATERIALS WITHIN THE SITES. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS WITHIN THE SITES.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL GOODZEND BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) ARISING FROM OR THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITES OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF GOODZEND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
• ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO FORCE MAJEURE, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
• ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
• ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE’S CONTENT OR OUR SERVICES.
As a part of the Site, we may offer you to select from a number of charitable organizations to which you can donate 50% of the price of an e-card. We are not affiliated with the charitable organizations to whom you have an option to donate and our listing such organizations on our site does not constitute an endorsement by us of such charitable organizations or an endorsement of us by such charitable organizations.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district which includes Sussex County, Delaware.
We make no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to the Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
This Agreement and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.
If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this Agreement.
The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.
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