01. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
UNCOMMON Stock - Digital ePostcards ("Service"), owned and operated by UNCOMMON Stock ("InkSpot Designs"), is provided to you under the terms and conditions of this UNCOMMON Stock Extended Terms of Service (USETS) and any operating rules or policies that may be published by InkSpot Designs and/or UNCOMMON Stock. The USETS comprises the entire agreement between User and InkSpot Designs and/or UNCOMMON Stock and supersedes all prior agreements between the parties regarding the subject matter contained herein. By sending an UNCOMMON Stock - Digital ePostcard and selecting the "Send Your Postcard" option and clicking on the "Continue!" button, you are indicating your agreement to be bound by all of the terms and conditions of the USETS.
02. Description of Services
UNCOMMON Stock is providing User with a capability to send electronic mail via the World Wide Web and on the UNCOMMON Stock web site. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone or cable service fees associated with such access.
03. No Representations Or Warranties
The services provided on this web site and the content, information, documents, graphics and images published at this web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND "AS AVAILABLE" AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
InkSpot Designs and/or UNCOMMON Stock MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES InkSpot Designs and/or UNCOMMON Stock MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Users of this web site should not rely upon opinions expressed at this web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this web site or on linked web sites.
04. User Warnings/User Conduct
We make email and posting services available, provided that you agree to abide by the terms and conditions contained in these Terms of Use.
User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national, and international laws and regulations.
User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies, and procedures. User will not use the Service or any mailbox on the Service for chain letters, pyramid schemes, unsolicited e-mail, or any use of electronic mailing to any person who has not given specific permission to be included in such a process.
User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
InkSpot Designs and/or UNCOMMON Stock may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the USETS.
Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:
- Violate any applicable law, regulation, or rule;
- Harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity;
- Post or transmit any commercial, advertising, or promotional materials, including without limitation, "spam" or mass distributions;
- Provide false information on your registration form or impersonate another person at any point;
- Post or transmit false, inappropriate, improper, disorderly, or excessive messages or information.
- Post any material that infringes upon any third party's copyright, trademark, patent, or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.
To report a violation of the UNCOMMON Stock - Digital ePostcard Terms of Service or other Rules and Regulations, please e-mail: webmaster@inkspotdesigns.com.
With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations, and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data, or information as a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality, completeness, usefulness, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, messages, or postings, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
05. Web Site Links And Third-Party Sites
This site contains links to other sites which are independent of this web site, and which InkSpot Designs and/or UNCOMMON Stock is not responsible for the content or privacy practices.We do not police the privacy practices of these linked sites nor are we responsible for the privacy practices or the content of such web sites. Individuals visiting these links should be attentive to the policies and practices of these sites and act with discretion. InkSpot Designs and/or UNCOMMON Stock encourages you to review the privacy policies of the sites that you visit, especially before submitting your personal information. If you do not agree to these terms, please do not access or use this site.We make no representation or warranty as to the accuracy, value, integrity, completeness, or authenticity of the information or opinions contained in any such linked web site. Any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described therein. Furthermore, you assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
06. Intellectual Property
All material on this web site or made available for downloading from this site is the property of UNCOMMON Stock (owned by InkSpot Designs) and is protected by United States copyright laws and the copyright laws of other countries, including international treaties. InkSpot Designs and/or UNCOMMON Stock retains ownership of the material and all copyrights in each item. No ownership rights are transferred to you when you download material. Subject to any expressly stated restrictions or limitations, you are granted a limited license to display, download, or print the material solely for personal, non-commercial use or under the terms of your agreement with InkSpot Designs and/or UNCOMMON Stock, if applicable.
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service "Content" by InkSpot Designs and/or UNCOMMON Stock and/or InkSpot Designs and/or UNCOMMON Stock, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service, Artist or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service, Artist or the Advertiser.
This site itself, including its overall design and each design element, is protected by law and may not be copied without written permission from InkSpot Designs and/or UNCOMMON Stock.
07. Confidentiality
We do not use the e-mail address contained in an UNCOMMON Stock - Digital ePostcard for direct marketing purposes nor do we compile e-mail address to build mailing lists to sell to or share with marketers. We do use these addresses to facilitate card delivery and to assist in card pickups. E-mail addresses are also used to help protect the privacy of card recipients and to protect card recipients from anonymous abuse or harassment. UNCOMMON Stock - Digital ePostcard is not intended as to be used as an anonymous mail service.
We are an Anti-SPAM site... We do not share information on specific individuals with marketing companies. We are an anti-SPAM site. We do not enjoy unsolicited e-mails or paper mailings ourselves and therefore will not promote the practice of unsolicited mailings of any kind. We do collect certain individual information to facilitate card sends and card pickups.
UNCOMMON Stock may release individual information to legal, corporate, or internet authorities if there is reasonable suspicion that an individual has not complied with our Terms of Service. Examples of such non-compliance includes the use of our card system for harassment, SPAM, profanity, pornographic dissemination, or illegal activity.
It is InkSpot Designs and/or UNCOMMON Stock's policy to respect the privacy of its Users. Therefore, InkSpot Designs and/or UNCOMMON Stock will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on InkSpot Designs and/or UNCOMMON Stock; (2) protect and defend the rights or property of InkSpot Designs and/or UNCOMMON Stock; (3) act under exigent circumstances to protect the personal safety of its Users or the public (4) to help senders and recipients with their Digital ePostcard comunications.
User acknowledges and agrees that InkSpot Designs and/or UNCOMMON Stock neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.
User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
InkSpot Designs and/or UNCOMMON Stock does not sell or distribute the e-mail addresses of anyone using our system. The only time InkSpot Designs and/or UNCOMMON Stock will intentionally release information concerning a User's communications is to:
- help users or recipients send or pickup their Digital ePostcards;
- conform to the edicts of the law or comply with legal process served on InkSpot Designs and/or UNCOMMON Stock;
- protect and defend the rights or property of InkSpot Designs and/or UNCOMMON Stock; or
- act under exigent circumstances to protect the personal safety of its Users or the public.
We promise and guarantee we are not harvesting or retaining any e-mail addresses or any other information disclosed in these forms. Your privacy is respected and strictly protected. When you engage in certain activities on this site InkSpot Designs and/or UNCOMMON Stock will ask you to provide certain information about yourself and/or others by filling out and submitting an online form. It is completely optional for you to engage in these activities.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
08. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
09. Ownership/Proprietary Rights to Content
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, Flash content or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service "Content" by InkSpot Designs and/or UNCOMMON Stock or InkSpot Designs and/or UNCOMMON Stock, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service, Artist, or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service, Artist, or the Advertiser.
All rights, titles, and interests (including all copyrights, trademarks and other intellectual property rights) in this web site belong to us or our licensors. In addition, the names, images, and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this web site belong to their respective owners. Additional company and product names may be trademarks or registered trademarks of the individual companies and are respectfully acknowledged.
10. License
Nothing contained in this web site shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
11. No Resale or Commercial Use of the Service
User agrees not to resell the Service. Commercial use of the Service that is compliant with this Terms of Service agreement is permitted only with express written permission of InkSpot Designs and/or UNCOMMON Stock.
12. UNCOMMON Stock - Digital ePostcard MESSAGE STORAGE
InkSpot Designs and/or UNCOMMON Stock assumes no responsibility for the deletion or failure to store Digital ePostcard messages.
13. Claims of Copyright Infringement
InkSpot Designs and/or UNCOMMON Stock respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this web site infringes on any copyright which you own or control, or that any link on this web site directs you to another web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please see below for the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to InkSpot Designs and/or UNCOMMON Stock designated agent. To be effective, the notification must be in writing and include the following information:
- A physical or electronic signature of a 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit InfoSpace to locate the material;
- Your address, telephone number, and, if available, your e-mail address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
InkSpot Designs and/or UNCOMMONS Stock Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
by U.S. Snail Mail:
Michael D. Colanero
Infringement Agent
InkSpot Designs
2701 SE 7th Street
Pompano Beach, FL 33062-6123
by Voice: (954) 946-2693
By Fax: (954) 946-2667
By E-mail: copyright@inkspotdesigns.com
This contact information is provided exclusively for notifying InkSpot Designs and/or UNCOMMON Stock that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site.
14. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
15. Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
16. International Use
We do not represent that all content, materials, and services on our web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials, and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
17. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained on this web site and constitute the entire agreement with respect to User access to and use of this web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our web site and User's continuing use of such web site and the services constitutes User's agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Any litigation arising out of or in connection with these Terms of Use or User's use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.
If any provision(s) of the USETS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
InkSpot Designs and/or UNCOMMON Stock's failure to exercise or enforce any right or provision of the USETS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by InkSpot Designs and/or UNCOMMON Stock in writing.
Should User object to any terms and conditions of the USETS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service.
Upon termination of the Service, User's right to use the Service and Software immediately ceases.
The section titles in the USETS are solely used for the convenience of the parties and have no legal or contractual significance.
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InkSpot Designs. Acceptance of any UNCOMMON Stock materials, or downloading of any