KNOW YOUR RIGHTS IN OUR SITE
The Shopbycards.com Website (the “Website”) is an online information service offered from Shopbycards.com Inc. (“Shopbycards.com”), subject to a compliance with all the stipulations set forth under. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE Website. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE Website. Shopbycards.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT on the Website. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The whole contents of this Website are protected by international trademark and copyright laws. The owner of the copyrights and trademarks will be Shopbycards.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON the Website, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You can print and download portions of material in different regions of the website solely for your non-commercial use provided you agree to not alter or delete any copyright or proprietary notices from the materials. You agree to give to Shopbycards.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, make derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or enhanced products and services) you submit to any public regions of the Site (such as bulletin boards, forums and newsgroups) or from email to Shopbycards.com by all means and in any media now known or hereafter developed. In addition, you provide to Shopbycards.com the best to utilize your name in connection with the submitted materials and other info in addition to in connection with all advertising, marketing and promotional material related thereto. You agree that you will not have any recourse from Shopbycards.com for any actual or alleged infringement or misappropriation of any proprietary right in your communications to Shopbycards.com.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of all Shopbycards.com. Additional product and company names mentioned in the website might be the trademarks of their respective owners.
2. The use of the Website.
You know that, except for information, products or services clearly identified as being provided by Shopbycards.com, Shopbycards.com does not operate, control or endorse any information, goods or services online at all. Except for Shopbycards.com- identified information, products or services, all information, services and products offered via the website or on the world wide web generally are offered by third parties, which aren’t connected with Shopbycards.com a. You also know that Shopbycards.com can’t and doesn’t guarantee or warrant that files available for downloading through the website will be free from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You’re responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost information.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF the Website AND THE INTERNET. Shopbycards.com PROVIDES THE Website AND RELATED INFORMATION”AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A Specific PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Shopbycards.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO Assess the ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Shopbycards.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Shopbycards.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Shopbycards.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND so on ) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Shopbycards.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES Don’t Allow THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Shopbycards.com LIABILITY IS Limited TO THE Best EXTENT PERMITTED BY LAW.
Shopbycards.com makes no representations whatsoever about any web site that you might access through this one or that may link to the website. When you get a non-Shopbycards. Com web site, please know it is separate from Shopbycards.com, which Shopbycards.com does not have any control over the information on such web site. Additionally, a URL to some Shopbycards.com website doesn’t signify that Shopbycards.com supports or accepts any responsibility for this information, or the use, of this web site.
You agree to indemnify, defend and hold harmless Shopbycards.com, its officers, directors, employees, representatives, licensors, suppliers and any third party information providers to the Service from and against all losses, costs, damages and expenses, including reasonable lawyers’ fees, resulting from any breach of the Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the sake of Shopbycards.com and its officers, directors, employees, representatives, licensors, suppliers, and any third party information providers to the Service. Every one of those individuals or entities shall have the right to assert and enforce these provisions directly against you on its own gain.
5. Period; Termination.
This Agreement can be terminated by either party without notice at any moment for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of the Agreement.
This Agreement will be governed and construed in accordance with the legislation of Philippines related to agreements made and to be carried out in Philippines. You agree that any legal action or proceeding between Shopbycards.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a state or federal court of competent jurisdiction sitting in Philippines. Whatever the cause of action or claim you might have with regard to this Service has to be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is justified. Shopbycards.com’s failure to insist upon or enforce strict performance of any provision of the Agreement will be interpreted as a waiver of any right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Agreement. Shopbycards.com can delegate its rights and obligations under this Agreement to any party at any time without any notice for you.
7). Topical Outbound Promotions or Endorsements for Shopbycards.com
In no function Shopbycards.com its workers, writer designer and programmer be held accountable for any harms which may result from any person, a set of person, employers or non-goverment institutions for encouraging that website; Shopbycards.com won’t be accepting some responsibility for any
promotional exemptions or advertising made by any person, set of person, or institution nor firms with respect to people, and decrease any participation in these promotional medias such as TV Ads., Links on Internet webpages, Articles on Threads or Newsgroups, Public Posts on Public or private Computers or even notebooks, and some other such substances and approaches. Shopbycards.com have its very own promotional campaigns via its Fan page in Facebook.com. Hence any cyber promotions made with any people and the such aren’t any duties and obligations of Shopbycards.com.