The following is a legal agreement between AGCM, Inc., a Delaware corporation with offices at One American Road, Cleveland, Ohio 44144 ("AG," "we," "us," or "our") and "you," the user of this Site.
By accessing, browsing, 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.
AG hereby grants you a limited license to copy and use the materials, features, and services provided by AG 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 must 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, or processes described or used on this Site may be the subject of intellectual property rights reserved by AG or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of AG or any third party.
All of the Material available on the Site is copyright © 1998-2013, AG Interactive, Inc. or used under license. AG currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the AG Site.
Use of any AG 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.
AG has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While AG does not ordinarily monitor the content of users' Products, 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:
sending harassing, abusive, or threatening messages;
sending obscene or pornographic messages or images;
sending defamatory or libelous messages;
sending viruses or other harmful, disruptive, or destructive files;
attempting to steal passwords or credit card information;
sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
attempting to conceal or misrepresent the identity of the sender.
Violations of the AG's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional Products on the service. If the sender is a member of AG' subscription service, AG may disable the sender's account without compensation or refund. AG RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, 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 AG 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.
You may not use this Site to send Products 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. AG reserves the right to limit, in its sole discretion and without prior notice to you, the number of Products or messages that you may send using the Site or the number of recipients to which you send such Products 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.
AG 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 AG, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES. AG 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. AG WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY AG 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 AG nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither AG nor its affiliates are liable for any damages or injury arising from the content of these other sites. Neither AG 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.
AG may allow you to create your own Cards 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 or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornorgraphic, or illegal materials.
When you upload material to the Site and incorporate it into a Product, 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 or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.
By clicking on the "Continue" button, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornorgraphic, or illegal materials.
By clicking on the "Continue" button, you agree to accept the card as it appears on the screen. You also understand that AG takes no responsibility for misspellings, misalignment, typographical errors, or other user-generated errors.
Please note that cardstore.americangreetings.com is not meant to be a photo storage service. As a result, we will not store photos for longer than 90 days, and we cannot guarantee the availability of photo storage, or of the quality or resolution of any photos we may have stored. Additionally, we may reduce the size or resolution of your photos in order to make them compatible with our processes. For more information about cardstore.americangreetings.com practices with regard to photo storage, see the FAQ.
When you send a Card via your mobile phone, standard messaging and data rates may apply. In addition, the recipient of your card may also be subject to messaging or data charges from their mobile carrier depending on their messaging plan.
By sending a Card via mobile phone, you agree that you are the account holder or have the account holder's permission to send the Card.
To stop receiving Cards: text STOP MSN, END MSN, CANCEL MSN, UNSUBSCRIBE MSN, or QUIT MSN to 647338. You will receive a confirmation message indicating that you will no longer receive messages or charges. You will not receive any additional messages or charges unless you opt back in to receive Cards.
To get help: Email us at email@example.com or call our support number at 800-711-4474. From your mobile phone, you can request our contact information at any time by texting HELP MSN to 647338.
In addition to the other restrictions and limitations contained in these Terms, AG is not responsible for failures in delivery of Cards via mobile phone as a result of any technical issues. For instance, AG is not responsible if your Card is not delivered because:
There may be other reasons for a delivery failure as well. AG will not give refunds for Cards that are not delivered due to technical issues that AG is not responsible for.
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. AG IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC PRODUCTS 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 AG NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY 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 AG 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 IS FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT AG'S AND ITS AFFILIATES' AGGREGATE LIABILITY WILL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER AG 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 AG AND ITS AFFILIATES AND PARTIES WITH WHOM AG 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.
Neither AG 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.
You hereby indemnify, defend and hold harmless AG 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 must cooperate as fully as reasonably required in defense of any such claim. AG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In the event AG determines, in its sole discretion, that you have violated these Terms, AG have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of Products from our Site, or pursue any other remedies available to it under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto, are governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and AG 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.
AG has 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.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AG's 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 SUPPORT, 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 Notification Of Claimed Infringement:
MSN Americangreetings.com Customer Support
Full Address of Designated Agent to Which Notification Should be Sent:
AG Interactive, Inc.
One American Road
Cleveland, Ohio 44144
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the AG Site sufficient to allow us to locate the material;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.