These Terms of Service apply exclusively to the e-card services of EyedeaLab.

By accessing, browsing and/or using this Website (“Site”), you acknowledge that you have read, understand, and agree to be bound to these Terms of Service (“e-cards Terms”) and to comply with all applicable laws and regulations. THESE E-CARDS TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE E-CARDS TERMS IN ITS ENTIRETY. By using this Site, you agree to be bound by these e-cards Terms; if you do not agree to these e-cards Terms, please do not use this Site.

Please note that you are not allowed to use the e-card services of EyedeaLab in territories where offering or use of such services is forbidden by law. By agreeing to these e-cards Terms, you will explicitly state that you have verified in your own territory if the offering and use of such services is allowed and that you are complying with local laws.

Your Use of the Site

Eyedea Lab (“EyedeaLab”) hereby grants you a limited license to copy and use the materials, features, and services provided by EyedeaLab on this Site (collectively the “Materials”) solely for your personal, non-commercial use, subject to these e-cards 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 websites 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 EyedeaLab or 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 EyedeaLab or any third party.

Acceptable Use Policy

EyedeaLab has adopted the following Acceptable Use Policy in order to assure that its e-cards are used in a lawful and appropriate manner. While EyedeaLab does not ordinarily monitor the content of users’ e-cards, it reserves the right to investigate reports of misuse of its service and to protect its (intellectual) 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;
* attempting to conceal or misrepresent the identity of the sender; or
* any other conduct that may be inappropriate, infringing on other people’s rights or otherwise unlwaful.

Violations of the EyedeaLab Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional e-cards on the service. If the sender is a member of a EyedeaLab subscription service, EyedeaLab may disable the sender’s account without compensation or refund. EyedeaLab RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING E-CARDS 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 BY EyedeaLab 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 e-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. EyedeaLab 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 EyedeaLab nor its affiliates exercise editorial control over your transmissions; however, EyedeaLab does reserve the right to review your uploads and transmissions in order to ensure compliance with these e-cards Terms.

Links

There may be circumstances where access to this Site is provided by a link located at another Website or non-EyedeaLab webserver. Neither EyedeaLab nor its affiliates make any representations or give any warranties with respect to any information contained in or at these other sites and neither EyedeaLab nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither EyedeaLab 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.
Creating Your Own e-cards and Photos and/or Images

EyedeaLab may allow you to create your own e-cards by uploading your own photos, artwork and other materials. In such situation you are subject to the conditions outlined in these e-cards Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.

When you upload material to the Site and use it to create an e-card, your material will be used for the transmission of your digital e-card; however, EyedeaLab may also use such material in the course of performing testing, training and/or archiving of itself and its affiliates’ systems and hereby expressly reserve the right to do so.

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. EyedeaLab IS NOT RESPONSIBLE FOR ANY FAILURE OF E-CARDS 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 EyedeaLab 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 EyedeaLab 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 EyedeaLab AND ITS AFFILIATES’ AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT OF 50 EUROS.

NEITHER EyedeaLab NOR ITS AFFILIATES TAKE ANY RESPONSIBILITY OR ASSUME 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 EyedeaLab AND ITS AFFILIATES AND PARTIES WITH WHOM EyedeaLab 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 EyedeaLab nor its affiliates make any representation that Materials on this Site are appropriate or available for use in all locations, 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, as set forth above.

Indemnification

You hereby indemnify, defend and hold harmless EyedeaLab 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 these e-cards services. You shall cooperate as fully as reasonably required in defense of any such claim. EyedeaLab reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement

In the event EyedeaLab determines, in its sole discretion, that you have violated these e-cards Terms, EyedeaLab shall have the right to immediately terminate your account (with or without refund), terminate other accounts you may have for other paid EyedeaLab Services (with or without refund), refuse membership, or block the sending or receipt of e-cards from our Site, and/or pursue any other remedies available to it under applicable law.

Updates to Terms

EyedeaLab shall have the right to revise these e-cards Terms at any time by updating this posting. You agree to periodically visit this Site to determine the then-current e-cards Terms. Your continued use of the e-cards services shall constitute your acceptance of such revised e-cards Terms.

Privacy Policy

The terms of our privacy policy — consisting of a general privacy policy and additional regulations for these e-cards services — can be found by clicking here.

Applicable Law and Jurisdiction

The agreement concerning the e-cards services shall be governed by and construed in accordance with the laws of Kolkata without regard to its conflict of law rules. Any legal proceedings arising out or relating to the agreement will be subject to the exclusive jurisdiction of any court of Kolkata sitting in Kolkata and you irrevocably consent to the jurisdiction of such courts.

Last update: Dec 2006