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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to
and use of this site are subject to the following terms and conditions
and other applicable law. If you do not agree to these terms and
conditions, please do not use this site. Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of HolyDayCards.com. The collective work includes works
that are licensed to HolyDayCards.com. Copyright 2010, HolyDayCards.com ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site
for the sole purpose of placing an order withHolyDayCards .com or purchasing HolyDayCards.com products. You may display and, subject
to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or
to place an order with HolyDayCards.com or to purchase HolyDayCards.com products. Any other use, including but
not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized
by HolyDayCards.com. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks,
service marks and trade names of HolyDayCards.com used in
the site are trademarks or registered trademarks of GDM Interactive,
Inc.
Warranty Disclaimer This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, HolyDayCards.com disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. HolyDayCards.com does not represent or
warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. HolyDayCards.com does not make any
warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability HolyDayCards.com shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the materials on this site or the performance of the products,
even if HolyDayCards.com has been advised of the
possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors In the
event that a HolyDayCards.com product is mistakenly
listed at an incorrect price, HolyDayCards.com reserves
the right to refuse or cancel any orders placed for product listed at
the incorrect price. HolyDayCards.com reserves the right
to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled, HolyDayCards.com shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination These terms
and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by HolyDayCards.com without notice at any time, for any
reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice HolyDayCards.com may deliver notice to you by means of
e-mail, a general notice on the site, or by other reliable method to
the address you have provided to HolyDayCards.com.
Miscellaneous Your use of
this site shall be governed in all respects by the laws of the state of
North Carolina, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of HolyDayCards.com products) shall be in the state or
federal courts located in Wake County, North Carolina. Any cause of
action or claim you may have with respect to the site (including but
not limited to the purchase of HolyDayCards.com
products) must be commenced within one (1) year after the claim or
cause of action arises. HolyDayCards.com's failure to
insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and
conditions. HolyDayCards.com may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
Use of Site Harassment in any
manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of
others, including a HolyDayCards.com or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer HolyDayCards.com does not and cannot review all
communications and materials posted to or created by users accessing
the site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you
with the ability to view and distribute user-generated content on the
site, HolyDayCards.com is merely acting as a passive
conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, HolyDayCards.com reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to HolyDayCards.com in its sole discretion.
Indemnification You agree to
indemnify, defend, and hold harmless HolyDayCards.com,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
It is the responsibility of the buyer and not GDM Interactive, Inc.
DBA HolyDayCards.com to ascertain and obey all
applicable laws in regard to the possession and use of products.
Absolutely no sales to minors. By placing an order, the buyer
represents that all products purchased will be used in a lawful
manner and that he/she is of legal age. The buyer agrees to hold GDM
Interactive, Inc. DBA HolyDayCards.com harmless for
any damage to person or property caused by the use of our products.
Third-Party Links In an
attempt to provide increased value to our visitors, HolyDayCards.com may link to sites operated by third
parties. However, even if the third party is affiliated with HolyDayCards.com, HolyDayCards.com has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of HolyDayCards.com. These linked sites are only for your
convenience and therefore you access them at your own risk.
Nonetheless, HolyDayCards.com seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work). |