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Kinkycards.com Terms of Service
These terms of service is a legal agreement between PeeKay , Inc. ("PeeKay Inc"), a Washington corporation with offices at 901 West Main Street, Auburn WA 98001("PeeKay ," "we," "us," or "our") and "you,"
the user of this Site ("Terms"). By accessing, browsing and/or using this Web
site ("Site"), you acknowledge that you have read, understand, and agree to be
bound to these Terms and to comply with all applicable laws and regulations. If
you do not agree to these Terms, please do not use this Site. PeeKay shall have
the right to revise these Terms at any time by updating this posting. By using
this Site, you agree to be bound by any such revisions and should therefore
periodically visit this Site to determine the then-current Terms to which you
are bound. Your continued use of the Site following the posting of these Terms
or any revised terms shall be deemed to be a consent to you of these Terms.
****************************ADULTS ONLY********************************** This Site is for use only by adults over the age of 18 years old. Your
continued use of this Site is a representation by you that you are at least 18
years old, that you will not allow any one under 18 years old to use this Site
and that your use of this Site is not a violation of your State law.
LIMITED LICENSE
PeeKay hereby grants you a limited license to copy and use the greeting card
materials, features, and services provided by PeeKay on this Site (collectively
the "Materials") solely for your personal, non-commercial use, subject to these
Terms. No other use of the Site or Materials is authorized. By way of
example, you have no right to use the design, layout, arrangement, text, of any
Materials or to create any derivative works of the Materials. 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 Web
Sites is strictly prohibited. The products, technology, and/or processes
described and/or used on this Site is subject to the intellectual property
rights reserved by PeeKay or other third parties. All rights not expressly
granted are expressly reserved by PeeKay .
Your use of this Site is also subject to the Privacy Policy found here:
http://www.peekay.com/privacypolicy.html Acceptable Use Policy
The following Acceptable Use Policy is adopted to assure that its electronic
greetings are used in a lawful and appropriate manner. While PeeKay does
ordinarily monitor the content of users' greetings, it reserves the right to
investigate reports of misuse of its service and to protect its property and
assets. The following conduct is prohibited on the service and can be grounds
for termination of use of the Site:
- sending harassing, abusive, or threatening messages;
- sending any child pornography or patently obscene material;
- 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; or
- attempting to conceal or misrepresent the identity of the sender.
Violations of the PeeKay 's Acceptable Use Policy will not be tolerated and may
result in the sender being blocked from sending additional greetings on the
service. If the sender is a member of a newsletter or subscription service,
PeeKay may disable the sender's account without compensation or refund. PeeKay
RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES,
INCLUDING GREETINGS 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 PeeKay 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 are solely responsible for your actions and communications undertaken or
transmitted using this Site. Neither we nor our affiliates exercise editorial
control over your transmissions; however, we do reserve the right to review
your uploads and transmissions in order to ensure compliance with these Terms.
You may not use this Site to send online greeting 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. PeeKay 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.
Third Party Web Sites
PeeKay may offer on its Site, in its monthly newsletters, or in its e-mail
communications to you links to third-party web sites. These may appear in the
form of text links, advertisements, banners, buttons, product links or
otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY
INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH PeeKay . PeeKay
MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE,
APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR
FINANCIAL VIABILITY OF ANY ADVERTISER. PeeKay WILL NOT REIMBURSE OR INDEMNIFY
YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY PeeKay
ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO
BUSINESS WITH ONLINE. There may be circumstances where access to this Site is
provided by a link located at another Web site. Neither PeeKay nor its
affiliates makes any representations or give any warranties with respect to any
information contained in or at these other sites and neither PeeKay nor its
affiliates shall be liable for any damages or injury arising from the content
of these other sites. Neither PeeKay nor its affiliates endorses 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.
Warranty Restriction
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. PeeKay IS NOT
RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS 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.
Limitation of Liability
NEITHER PEEKAY 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
PeeKay .COM 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 PEEKAY.COM AND ITS AFFILIATES' AGGREGATE LIABILITY
SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT. NEITHER PEEKAY NOR ITS
AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES 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 PEEKAY AND ITS
AFFILIATES AND PARTIES WITH WHOM PEEKAY 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 PeeKay nor its affiliates make any representation that Materials on this
Site are appropriate or available for use in locations outside the United
States, 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.
Indemnification
You hereby indemnify, defend and hold harmless PeeKay 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 this Agreement. You
shall cooperate as fully as reasonably required in defense of any such claim.
PeeKay reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
Enforcement by PeeKay
In the event PeeKay determines, in its sole discretion, that you have violated
these Terms, PeeKay shall have the right to immediately terminate your account
(with or without refund), refuse membership, or block the sending or receipt of
greetings from our Site, and/or pursue any other remedies available to it under
applicable law.
Copyright Information All of the Material available on the Site is copyright ©
1998, PeeKay , Inc. or used under license. All rights reserved.
Trademarks
The following are trademarks of PeeKay and its affiliates:
Kinkycards.com, naughtycards.com, adulttoychest.com.
Use of these trademarks as meta-tags for search engines is strictly prohibited. All rights reserved.
Governing Law
This Agreement, and the respective rights and obligations of the parties
hereto, shall be governed by and construed in accordance with the laws of the
State of Washington. Any dispute arising between you and PeeKay will be
submitted to binding arbitration in Seattle, Washington in accordance
with the American Arbitration Association's standard rules then in effect for
arbitration of commercial disputes.
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