| I. ACKNOWLEDGMENT AND ACCEPTANCE
The usage of www.IMinvited.com ("IMinvited"),
are provided to you under the terms and conditions
of this Terms of Service (“Terms”), and
any operating rules or policies that may be published
by IMinvited at the URL: www.IMinvited.com (the "Web
Service"). The Terms comprises the entire agreement
between you and IMinvited and supersedes all prior
agreements between the parties regarding the subject
matter contained herein. THIS AGREEMENT CONTAINS WARRANTY
DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY
TO YOU. BY COMPLETING THE REGISTRATION PROCESS, OR
USING IMINVITED, USER AGREES TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS HEREIN. Please do not use
this site if you do not agree to these terms.
II. SERVICE AVAILABILITY
Use of the Web Service is void where prohibited. By
using this Web Service, you represent and warrant
that you have the right, authority, and capacity to
enter into this agreement and to abide by all the
Terms and Conditions of this Agreement.
III. USAGE
You must be of 13 years of age or older to use this
Web Service. You are solely responsible for any data,
sound, images, artwork, video, messages, files or
other content (“Materials”) which is transmitted,
posted, or distributed by you through the Web Service,
including but not limited to the Materials of your
e-mail communications, instant messaging, or images
posted by you or IMinvited invitation or eCard. All
Materials posted by you, is your sole responsibility,
and you are indicating that you own the photo and/or
image and/or have full rights to its use. IMinvited
does not control the Materials posted by its users
and does not guarantee the accuracy or quality of
such Materials.
By using the IMinvited Service you understand and
agree that you may be exposed to Materials posted
by other users that may be offensive, indecent or
objectionable. Under no circumstances will IMinvited
be liable in any way for any Materials posted by any
user or third party, including, but not limited to,
liability for any errors in any Materials or for any
loss or damage of any kind incurred as a result of
the use of any Materials posted, e-mailed, sent via
Instant Messenger, or otherwise transmitted via IMinvited.
You agree if you post any Materials on IMinvited,
you grant to IMinvited a royalty-free, non-revocable
license, in and to the Materials, to distribute, display,
modify, redistribute, and reproduce such Materials
to other users of the Web Service. In the case that
any Materials contain creative ideas or other information,
these Materials shall remain the property of IMinvited.
IMinvited shall be entitled to unrestricted use of
the Materials submitted for any purpose whatsoever,
commercial or otherwise, without compensation to the
Materials’ provider.
IV. LIMITATION OF LIABILITY IN EVENT PARTICIPATION
BY USING IMINVITED, YOU AGREE AND UNDERSTAND THAT
YOUR PARTICIPATION IN ANY INVITED EVENT, PUBLIC OR
PRIVATE, IS AT YOUR SOLE AND EXCLUSIVE RISK AND YOU
MAY BE EXPOSED TO A VARIETY OF POTENTIAL DANGERS,
WHICH MAY NOT NECESSARILY BE INHERENT IN THOSE ACTIVITIES
AND EVENTS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED
TO, SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND
DEATH FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE
OUTINGS AND ACTIVITIES. INJURIES AND DAMAGES CAN OCCUR
BY NATURAL CAUSES OR BY THE NEGLIGENCE OF OTHER PERSONS,
OR OF OTHER REASONS. IMINVITED IS NOT ASSOCIATED WITH
THESE EVENTS IN ANY EXTENT AND YOU ARE RESPONSIBLE
FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH EVENT,
EITHER TOWARD THE USER OR ANYONE ACCOMPANYING THE
USER. YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS,
AND RELEASE IMINVITED FROM ALL LIABILITY
V. COPYRIGHT INFRINGMENT POLICY
You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other
proprietary information owned or controlled by someone
else without obtaining the prior written consent of
the owner of such proprietary rights.
VI. "SPAMMING" IS PROHIBITED
You must not use any feature of the IMinvited Service
for chain letters, junk mail, or "Spamming"
nor make any use of the distribution lists in a manner
involving any person who has not given specific permission
to be included in such a process. You may not send
any advertisement to a recipient with whom you do
not have an existing business or personal relationship.
If you use any feature of the IMinvited Service for
the purpose of sending Spam, IMinvited reserves the
right to immediately terminate your access to the
IMinvited Web Service and to seek appropriate legal
action as necessary. If you believe that other users
are using the IMinvited Service for Spam, please notify
IMinvited by clicking on the link provided to report
SPAM in the email or instant message initiated by
the sender, or by clicking on the Contact link provided
at the bottom of the page.
VII. ACCOUNT SECURITY
You are also solely responsible for any and all activities
that occur under your account, including, but not
limited to, maintaining confidentiality of your password.
You may also set up a new account at your convenience.
You agree to notify IMinvited immediately of any unauthorized
use of your account or any other breach of security
known to you. Unless IMinvited is notified by email
of a breach in security, liability for any unauthorized
use of the Web Service through your account remains
with you. You agree to: provide certain current, complete,
and accurate information about you when prompted to
do so by the Web Service, and update this information
as required to keep it current and accurate. If any
information provided by you during your original registration
or is inaccurate, IMinvited reserves the right to
terminate your account immediately.
VIII. RESALE OR COMMERCIAL USE, WEB SERVICE
ABUSE PROHIBITED
Your right to use IMinvited is personal to you. You
agree not to resell or make any commercial use of
IMinvited without express consent. You may not create
bots or other computer generated tools to create neither
invitations nor greetings, nor abuse IMinvited’s
Terms in any extent. Use that constitutes abuse shall
be determined by IMinvited in its sole discretion
and reserves the right to terminate your account for
any cause.
IX. USER CONDUCT
IMinvited reserves the right to
monitor or review your conduct on the IMinvited Web
Service but assumes no responsibility over it. Your
use of the IMinvited Service is subject to all applicable
local, state, national and international laws and
regulations.
The following is prohibited on the Web Service:
- Use the IMinvited Web Service for illegal purposes
or the encouragement of illegal activity;
- Interfere or disrupt networks connected to the
IMinvited, such as but not limited to “hot
linking” images, graphics, audio, or any other
content from the Web Service;
- Use the IMinvited Service in connection with chain
letters, junk mail, surveys, pyramid schemes, SPAM,
or use any unsolicited distribution lists (commerical
or personal);
- Collect information about other users, including
e-mail addresses and instant messenger screen names,
without their consent;
- Invade another's privacy or violate rights of
publicity or intellectual property rights (including
but not limited to copyright, trademark and patent
rights) while using the IMinvited Web Service;
- Interfere with another User's use and enjoyment
of the IMinvited Web Service;
- Create an alias for the purpose of misleading
others as to your identity or the sender of a message;
- Attempt to gain unauthorized access to the Web
Service or its users’ accounts by any means;
- Sending harassing, abusive, threatening, obscene,
or libelous messages or images.
X. INDEMNIFICATION:
You agree
to indemnify and hold IMinvited, subsidiaries, affiliate,
officers, employees, agents, directors, successors
and assigns harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of your use of the IMinvited
Service, the violation of these Terms by you, the
infringement by you (or other user of the Service
using your account) of any intellectual property or
other right of any person or entity or violation of
any federal, state or local law or regulation.
XI. TERMINATION
You may terminate
your participation in the IMinvited Web Service at
anytime for any reason. IMinvited may terminate your
use of the Web Service at anytime with or without
cause. Failure to comply with the Terms will lead
to a termination immediately by the sole discretion
of IMInvited. IMinvited shall not be liable to you
or any third party for termination of the IMinvited
Web Service or termination of your use of it. Should
you object to any modifications made to the Terms
in the future or become dissatisfied with the IMinvited
Service in any way, you can discontinue use of the
Web Service and at your discretion, notify IMinvited
with your reason for termination. All terminations
take effect immediately and IMinvited holds no further
obligations to serve you in any way.
XII. THIRD PARTY SITES & ADVERTISEMENTS
The IMinvited Web Service provides links to websites
that will take you out of the IMinvited Web Service.
These sites are not affiliated with IMinvited and
IMinvited shall not be responsible for the content,
products or services of any linked website. IMinvited
shall not be liable for any of your interactions with
these sites, individuals, or organizations. All such
websites shall be subject to their own policies and
procedures.
XIII. DISCLAIMER OF WARRANTIES & LIMITATION
OF LIABILITY
THE MATERIALS AND SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND.
IMINVITED MAKES NO WARRANTY THAT ITS SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IMINVITED
MAKES NO WARRANTY AS TO THE MATERIALS 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 SITE WILL
BE CORRECTED. YOU ACKNOWLEDGE THAT IMINVITED DOES
NOT CONTROL CONTENT OR INFORMATION CREATED AND DISTRIBUTED
BY ITS USERS OR THIRD PARTIES, THEREFORE ASSUMES NO
RESPONSIBILITY FOR AND MAKES NO WARRANTY AS TO THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT THROUGH
THE IMINVITED SERVICE. IMINVITED HOLDS NO RESPONSIBILITY
FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE
RESULTING FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL
FROM THE IMINVITED WEB SERVICE. ANY GOODS OBTAINED
THROUGH IMINVITED ADVERTISERS ARE NOT WARRANTED BY
IMINVITED TO ANY EXTENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NEITHER IMINVITED 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 IMINVITED HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IMINVITED IS NOT RESPONSIBLE OR LIABLE
TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING,
DEFAMATORY, ABUSIVE, THREATENING, SEXUALLY EXPLICIT
OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY
OTHER PARTY ON OR THROUGH THE IMINVITED SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO USER.
XIV. MODIFICATIONS TO THE WEB SERVICE &
TO TERMS OF AGREEMENT
IMinvited reserves the right to modify or
discontinue the IMinvited Web Service without notice
to you. IMinvited shall not be liable to you if IMinvited
modifies or discontinues its Web Service. IMinvited
may change the terms and conditions of the Terms at
any time in its sole discretion. In the event of any,
IMinvited may notify you via e-mail, and/or by posting
an announcement of the changes on the IMinvited Web
Service. By using the IMinvited Web Service after
any change in the Terms, you acknowledge and accept
changes to the Terms. If there are any disagreements,
you are to terminate your usage of this Web Service.
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