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TERMS OF SERVICE
The following is a legal agreement between Atomflash.com ("Atomflash,"
"we," "us," or "our") with office
at 20308 #2 Madison Street, Torrance, California 90503 and you ("you"),
the user of this Site.
By accessing, browsing and/or using this Web site ("Site"),
you acknowledge that you have read, understood, and agreed 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
Atomflash hereby grants you a limited license to copy and use the
materials, features, and services provided by Atomflash 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 Atomflash 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 Atomflash or any third party.
COPYRIGHT INFORMATION
All of the Materials available on the Site is copyrighted to or
used under license by © 2002, Atomflash, Co.
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TRADEMARKS
Atomflash, Atomflash.com, and the Atomflash logo are service marks
or registered service marks in the United States and other countries.
All rights reserved. Use of the Atomflash trademarks as meta-tags
for search engines is strictly prohibited.
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ACCEPTABLE USE POLICY
Atomflash has adopted the following Acceptable Use Policy in order
to assure that its online greetings are used in a lawful and appropriate
manner. While Atomflash 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:
-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 Atomflash's 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
Atomflash's subscription service, Atomflash may disable the sender's
account without compensation or refund. ATOMFLASH 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 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.
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SPAM
You may not use this Site to send online greeting cards 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. Atomflash reserves the right
to limit, in its sole discretion and without prior notice to you,
the number of cards or messages that you may send using the Site
and/or the number of recipients to which you send such cards 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.
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LINKS AND ADVERTISEMENTS
Atomflash may feature on its Site, in its newsletters, or in its
e-mail communications to you, some 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. ATOMFLASH 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. ATOMFLASH.COM WILL NOT REIMBURSE OR
INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS
WITH ANY ATOMFLASH 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 Atomflash nor its
affiliates make any representations or give any warranties with
respect to any information contained in or at these other sites
and neither Atomflash nor its affiliates shall be liable for any
damages or injury arising from the content of these other sites.
Neither Atomflash nor its affiliates endorse 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.
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CONTESTS
From time to time, Atomflash may sponsor contests and sweepstakes
on its Web Sites. Participation in such contests is entirely voluntary.
Atomflash 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 Atomflash and you
hereby consent to receive special promotions and offers from Atomflash
and its advertisers, consistent with our Privacy Policy. In the
event that you are awarded any prizes or other consideration, you
give Atomflash permission to use your name, resemblance, portrait,
recorded voice, and biographical information to advertise, publicize,
or promote Atomflash, its products and services, and no additional
consideration shall be paid for such rights.
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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.
ATOMFLASH 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 ATOMFLASH 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 ATOMFLASH.COM 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 ATOMFLASH.COM AND ITS AFFILIATES' AGGREGATE LIABILITY
SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER ATOMFLASH 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 ATOMFLASH AND ITS
AFFILIATES AND PARTIES WITH WHOM ATOMFLASH 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.
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INTERNATIONAL USE
Neither Atomflash 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.
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INDEMNIFICATION
You hereby indemnify, defend and hold harmless Atomflash 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 and as reasonably required in defense
of any such claim. Atomflash reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject
to indemnification by you.
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ENFORCEMENT BY Atomflash.com
In the event Atomflash determines, in its sole discretion, that
you have violated these Terms, Atomflash 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.
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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 California. Any dispute arising between
you and Atomflash will be submitted to binding arbitration with
California's standard rules then in effect for arbitration of commercial
disputes.
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UPDATES TO TERMS
Atomflash 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.
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PRIVACY POLICY
Our privacy policy can be found by clicking here .
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