TERMS OF USE AGREEMENT
Please read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on November 1, 2007.
This Terms of Use Agreement sets forth the standards of use of the Milestones e-Cards, Inc. website, www.milestonespoetrycards.com (referred to herein as "MPC" or "MPC Website"), which is an electronic greeting card Internet subscription service for Registered Users ("Subscriber(s)" herein). By using the MPC Website, you (the "Subscriber") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the MPC Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service and Use Restrictions
A. Service
In exchange for a yearly subscription fee to be paid by Subscriber, Milestones e-Cards, Inc. herein provides access to the MPC Website enabling Subscriber to send electronic greeting cards ("E-Cards") and/or any other virtual products that may be offered currently or in the future on the MPC Website. All content and materials on the MPC Website are copyright-protected (see paragraph 2), and neither Subscribers, Users nor Visitors have the right to use or distribute any content on the MPC Website except for viewing or sending electronic greeting cards or other products, as set forth herein, or by other means unless herein expressly provided. If MPC should at any time provide an online store for the sale of physical products related to its virtual product line, you as Subscriber/Visitor/User agree to comply with all restrictions regarding intellectual property use or dissemination according to this Term of Use Agreement and the international copyright and laws as set forth by the United States Library of Congress.
B. Request to Use or Acquire Artist Works
If any Subscriber/Visitor/User desires to use any original art or content on the MPC Website for personal or commercial purposes in any form not provided for on the MPC Website, please contact MPC via e-mail at milestonesecards@aol.com or by telephone at 845.265.2401. A request for one-time or limited personal use is usually granted without a fee upon written inquiry and permission (e-mail is permissible), which permission by us shall include permission by the Artist, providing any such use includes copyright and any other proprietary information. In addition, the works of some or all of the artists are available in other forms on their individual websites or other means. See Our Artists and Writers for more info and contact information. Certain e-cards appearing on the MPC Website are available as paper cards or as frameable prints at www.heavenandearthworks.com.
C. Subscriber/User Age Restrictions
Milestones e-Cards, Inc. does not permit Subscribers under 18 years of age to purchase products or services via the MPC Website, and Users must be at least 13 years of age. All Subscribers/Users/Visitors agree to be subject to and bound by the terms and conditions set forth in this Terms of Use document, and in the Terms of Service as provided on the Subscribe page of the MPC Website.
D. Membership Fees, Payments and Renewals
If you decide to become a member of the MPC Website, you agree to pay an annual membership of $15.00, or a two-year membership for $25, in order to send as many e-Cards as you would like for your personal enjoyment, subject to these Terms of Use. MPC reserves the right to increase the subscription fee periodically; however you will enjoy the rate at which you subscribed for the term you elected. If and when MPC provides optional "value-added" products and services, additional fees may apply, and you will have the choice to opt in or not. MPC will contact you thirty (30) days prior to the expiration date of your membership with an "Invitation to Renew" your membership and service options. Since for your protection we do not store your financial information beyond the processing period of your subscription election, at the time of your subscription renewal we will ask you to submit your payment information again.
D. Links to the MPC Website
Subscribers/Visitors/Users may include on your website a link to the MPC Website, provided that (i) your website does not contain content that infringes any intellectual property or other proprietary right of Milestones E-Cards, Inc. or a third party; is not defamatory, libelous or expresses hate or prejudice; is not pornographic, obscene or exploitative of a minor; and does not otherwise violate any applicable treaty, law or regulation; and (ii) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with the Milestones e-Cards, Inc. or the MPC Website. Milestones e-Cards, Inc. reserves the right to revoke, at any time, this consent to any links to the MPC Website. Your right to put a link on your website to the MPC Website does not constitute a right or obligation for the MPC Website to link to your website. Because we intend to keep the MPC Website uncluttered and content of high standards, we have strict controls and requirements regarding links or advertising. For more information about this, you may contact MPC at the email address provided at the end of this Agreement.
E. User Content or Submissions
The MPC Website does not accept or cannot be held responsible or liable for any unsolicited intellectual property submissions. If you are an Artist desiring to submit works for use on the MPC Website, please query us via e-mail (provided below) for a "Submission Code" before you submit any materials. In order to protect our Contributing Artists and Milestones e-Cards, Inc. from any potential infringement claims, all materials mailed to us without this code properly displayed on the outside packaging will be destroyed unopened; any unsolicited artistic works or other intellectual properties sent to Milestones e-Cards, Inc. or the MPC Website or any of its principals, subcontractors or employees by e-mail or any other electronic means without a pre-assigned Submission Code in the subject line will be deleted without consideration or notification.
Excepting the foregoing, or where otherwise expressly provided by the MPC Website, all comments, feedback, information or unsolicited materials submitted to the MPC Website (collectively, "User Content") shall be considered non-confidential and MPC Website property. By submitting such User Content to the MPC Website, you agree that you assign to Milestones e-Cards, Inc., without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. Milestones e-Cards, Inc. and the MPC Website shall be free to use such User Content in any manner or media whatsoever, on an unrestricted basis and without any compensation or royalties to you.
You also represent and warrant that you own or otherwise control all of the rights to any User Content that you post; that the User Content is accurate; and that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity. The MPC Website has the right, but not the obligation, to monitor and edit or remove User Content. Neither Milestones e-Cards, Inc., nor the MPC Website take any responsibility and assume no liability for any User Content posted by you or any third party.
As Subscribers/Visitors/Users, you agree not to post, upload, or transmit to or via the MPC Website, including without limitation through the "Contact Us" link, any information or other content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.
F. Access Restrictions
Subscribers/Visitors/Users will not interfere, in any way, with others' use of or access to the MPC Website and will not attempt to gain unauthorized access to the account or computer system of any other MPC Website user. You further agree not to take any other action in connection with your use of the MPC Website which violates any applicable treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the MPC Website. Milestones e-Cards, Inc. assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the MPC Website.
Subscribers/Visitors/Users agree to access the MPC Website through a web browser. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the MPC Website. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the MPC Website.
Except as expressly provided herein, Subscribers/Visitors/Users may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way the MPC Website or any portion of or information on the MPC Website, without the prior written permission of Milestones e-Cards, Inc.
Violations of these Terms of Use on the MPC Website will not be tolerated and may result in your being blocked from further use of the MPC Website. If you are a Subscriber of the MPC Website and you violate any of these Terms of Use, Milestones E-Cards, Inc. and the MPC Website may disable your subscribership without notice and without compensation or refund.
Unless specifically provided as a service herein, Subscribers/ Visitors/Users may not use the MPC Website to send online greeting cards to mailing lists or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of using the MPC Website is strictly prohibited.
2. Copyright Information
All content included or available on the MPC Website, including without limitation, electronic greetings cards or any depictions of any part thereof, including photographs, designs, graphics, images, illustrations, audio clips, animations, text, logos, button icons, software and data compilations; any other products, services or formats, or any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement and assembly of all content on this site; is protected by the United States and international copyright and other intellectual property laws as the copyrighted property of Milestones e-Cards, Inc. and/or its licensors, i.e.: (1) (c)2007 Milestones e-Cards, Inc., and/or (2) the property of Milestones e-Cards, Inc. and/or third party licensors protected by intellectual property rights, as set forth in Additional Copyright Declarations. Any use of materials on the MPC Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Milestones e-Cards, Inc. and third-party licensors as Contributing Artists is strictly prohibited. Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Milestones e-Cards, Inc.
Subscribers/Visitors/Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MPC.
3. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MPC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
T. Cox
Milestones e-Cards, Inc.
501 Lane Gate Rd.
Cold Spring, NY 10516
By Telephone: 845.265.2401
By Email: milestonesecards@aol.com
4. Disclaimer of Warranties.
The MPC Website is provided by Milestones e-Cards, Inc. on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, MPC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MPC shall have no liability for any interruptions in the use of this Website. MPC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, in which case the above-referenced exclusion is inapplicable.
5. Limitation of Liability
MPC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MPC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
6. Indemnification
Subscriber agrees to indemnify and hold Milestones e-Cards, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Subscriber's use of the Service, the violation of this Agreement, or infringement by Subscriber, or other user of the Service using Subscriber's computer, of any intellectual property or any other right of any person or entity.
7. Subscriber Account
All Subscribers to the MPC Website shall receive a password and an account. Subscribers are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Subscriber agrees to notify MPC of any unauthorized use of Subscriber's account or any other breach of security known or should be known to the Subscriber. Subscriber's right to use the Service is personal to the Subscriber. Subscriber agrees not to resell or make any commercial use of the Service without the express written consent of MPC. For your convenience, the MPC Website offers a "History of Activity" for each account; this also allows MPC to detect any improper use of an account.
8. Modifications and Interruption to Service
For your protection and optimum functioning of our website, MPC reserves the right to modify, temporarily suspend or discontinue the Service with or without notice to the Subscriber. MPC shall not be liable to Subscriber or any third party should MPC exercise its right to modify, temporarily suspend or discontinue the Service. Subscriber acknowledges and accepts that due to the nature of the Internet environment, the operation of our website could at some point be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Subscribers to review said privacy policies of third-party sites.
10. Disclaimers Regarding Accuracy of Vendor Information
All image, text and music content on the MPC website is provided by Contributing Artists and Writers (referred to as "Artists") and is understood to be original work created by said Artists or from public domain or licensed library sources. While MPC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website, or with regard to any product provided or offered by any Artist; you acknowledge that any reliance on representations and warranties provided by any Artist shall be at your own risk.
11. Governing Jurisdiction of the New York Courts
The MPC Website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the MPC Website you agree to do so subject to the internal laws of the State New York.
12. Compliance with Laws.
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the MPC Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree 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.
13. Botnets
MPC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MPC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Milestones e-Cards, Inc. and MPC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Subscriber. Subscriber agrees that by accepting this Terms of Use Agreement, Subscriber is consenting to the use and disclosure of personally identifiable information and other practices described in our Privacy Policy for navigational functions, recordkeeping, payments and any other MPC Website internal use necessary to the efficient operation of its services and functions. Milestones e-Cards, Inc. and the MPC Website does not and will not sell or otherwise disclose your personal information or e-mail address to unrelated third parties for any reason other than the unlikely event of a legal compliance issue.
Thank you for visiting us! For any further questions or considerations, you may contact us at milestonesecards@aol.com or 845.265.2401.
