OfficeBuddiesDay.com Terms of Service

Welcome to OfficeBuddiesDay.com! OfficeBuddiesDay.com provides services to you under the following terms of use, which we may update from time to time without notice to you. By using this site you agree to these terms of use. Please read these Terms of Use carefully before using OfficeBuddiesDay.com. Your continued use of OfficeBuddiesDay.com indicates your agreement to be bound by these terms of service in effect at the time of such use.

The following is a legal agreement between OfficeBuddiesDay.com ("OfficeBuddiesDay.com," "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 AGREEMENTCONTAINS 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
OfficeBuddiesDay.com hereby grants you a limited nonexclusive nontransferable license to copy and use the materials, features, and services provided by OfficeBuddiesDay.com on this Site (collectively the "Materials") solely for your 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 OfficeBuddiesDay.com 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 OfficeBuddiesDay.com or any third party.

Copyright Information
All of the Material available on the Site is copyright 2005, OfficeBuddiesDay.com or used under license.
(a) Reproduction of Images and Other Copyrighted Material. As with any image, possession of a copy of a digitized image does not give unrestricted rights to use it. The copyright of an image is generally owned by the creator and only the copyright owner, or the owner’s legal representative, can grant permission to copy, distribute, or publicly display the image.
(b) It is illegal to reproduce photographs taken by a professional photographer or other copyrighted material without the permission of the copyright owner.
(c) Use of Information on this website. The copyrights of the images and other material on this website are owned by us or the individual photographers or artists who have authorized their use on this website.
(d) Use of Other Images and Information. Other images and information may be downloaded, reprinted and reproduced for non-commercial, private purposes. Other images and information may not be manipulated or altered without our express permission or the express permission of the photographer or artist.

Trademarks
The following are trademarks of OfficeBuddiesDay.com and its affiliates: OfficeBuddiesDay. Use of the OfficeBuddiesDay.com trademarks as meta-tags for search engines is strictly prohibited. These trademarks as well as the trade name, service marks, trade dress and products ("Intellectual Property") contained on this website are protected in the United States and internationally. Except to accurately identify our products or services, no use of any of the Intellectual Property may be made without our prior express written authorization.

User Conduct
You agree that any information you provide to OfficeBuddiesDay.com is truthful and accurate. You agree to not use OfficeBuddiesDay.com to upload, post, email, send by e-card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

You acknowledge that OfficeBuddiesDay.com does not pre-screen content submitted by users, but that OfficeBuddiesDay.com shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via OfficeBuddiesDay.com by any user that violates these terms of service or is otherwise objectionable. You also acknowledge and agree that OfficeBuddiesDay.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (b) enforce these terms of service(c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OfficeBuddiesDay.com, its users and the public.

Acceptable Use eCard Policy
OfficeBuddiesDay.com has adopted the following Acceptable Use Policy in order to assure that its eCards are used in a lawful and appropriate manner. While OfficeBuddiesDay.com does not ordinarily monitor the content of users' eCards, 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 OfficeBuddiesDay.com's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional eCards on the service. OfficeBuddiesDay.com may disable the sender's account. OFFICEBUDDIESDAY.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING ECARDS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, USER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY OFFICEBUDDIESDAY.COM 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 online 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. OfficeBuddiesDay.com 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.

Product Information Disclaimer
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on OfficeBuddiesDay.com may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. OfficeBuddiesDay.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

Links and Advertisements
OfficeBuddiesDay.com 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 MAY BE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH OFFICEBUDDIESDAY.COM. OFFICEBUDDIESDAY.COM 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. OFFICEBUDDIESDAY.COM WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY OFFICEBUDDIESDAY.COM 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 OfficeBuddiesDay.com nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither OfficeBuddiesDay.com nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither OfficeBuddiesDay.com 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 eCards
OfficeBuddiesDay.com may allow you to create your own eCards by uploading your own materials. If we do and you do so, you are subject to the conditions outlined in these Terms:

Limited 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. OFFICEBUDDIESDAY.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ECARDS 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 OFFICEBUDDIESDAY.COM 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 OFFICEBUDDIESDAY.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 OFFICEBUDDIESDAY.COM AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER OFFICEBUDDIESDAY.COM 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 OFFICEBUDDIESDAY.COM AND ITS AFFILIATES AND PARTIES WITH WHOM OFFICEBUDDIESDAY.COM 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 OfficeBuddiesDay.com 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 OfficeBuddiesDay.com 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. OfficeBuddiesDay.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement by OfficeBuddiesDay.com
In the event OfficeBuddiesDay.com determines, in its sole discretion, that you have violated these Terms, OfficeBuddiesDay.com shall have the right to immediately terminate your account, refuse use, or block the sending or receipt of eCards 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 New Jersey. Any dispute arising between you and OfficeBuddiesDay.com will be submitted to binding arbitration in New Jersey in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

Privacy Policy
The terms of our privacy can be found in our separate Privacy Policy.

Termination
This agreement will terminate immediately without notice from OfficeBuddiesDay.com if in OfficeBuddiesDay.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from OfficeBuddiesDay.com and all copies thereof, whether made under the terms of this agreement or otherwise.

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 OfficeBuddiesDay.com'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 SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

OfficeBuddiesDay.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact OfficeBuddiesDay.com's Designated Agent and provide the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email 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;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement: Web site Administrator
Email Address of Designated Agent: questions@OfficeBuddiesDay.com