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PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS SITE.
This site is
owned and operated by Just Born, Inc. By using this site, you signify
your agreement to all terms, conditions, and notices contained or
referenced herein (the "Terms of Use"). If you do not
agree to these Terms of Use, please do not use this site. We reserve
the right, at our discretion, to update or modify these Terms of
Use at any time. Please check the Terms of Use periodically for
changes. Your continued use of this site following the posting of
any changes to the Terms of Use constitutes acceptance of those
changes. A COPY OF THESE TERMS AND CONDITIONS OF USE MAY BE DOWNLOADED,
STORED OR PRINTED.
Prohibited
Conduct
You agree not to use this site for any unlawful purpose. Any cards
which are sent through a web site owned by Just Born, Inc. must
be for non-commercial purposes only, and any business use, advertising
use, junk mail use or other high-volume application is prohibited.
Cards or any other communications or messages sent through this
web site may not contain threatening, abusive, defamatory, harassing,
libelous, deceptive, fraudulent, sexual or other inappropriate language
or copyrighted material (without the consent of the copyright holder)
or encourage illegal activity. Just Born, Inc. reserves the right,
for any reason, and at its sole discretion, not to send any cards
through this web site. You agree that you will not upload, post
or otherwise distribute or facilitate distribution of any software
viruses, or any other computer code, files, or programs that are
intended to disrupt, damage, or limit the functioning of any software,
hardware or telecommunications equipment or to damage or obtain
any unauthorized access to any data or other information of any
third party. You agree not to impersonate any other person or entity.
Proprietary
Rights
You acknowledge and agree that all content and materials available
on this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. All
trademarks, service marks, and trade names are proprietary to Just
Born, Inc. or its content providers, with the exception of NASCAR®,
which is proprietary to National Association for Stock Car Auto
Racing, Inc. and which is used by Just Born, Inc. with the permission
of National Association for Stock Car Auto Racing, Inc. You agree
not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit,
or create derivative works from such materials or content, except
that you may print or download one copy of the materials or content
on this site on any single computer for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the content or
materials for any purpose not expressly permitted in these Terms
of Use is prohibited and is a violation of Just Born, Inc.'s and/or
National Association for Stock Car Auto Racing, Inc.'s copyright
and other proprietary rights.
User's
Grant of Limited License
By posting or submitting content to this site (i.e., by submitting
a photo or other content to be posted on our web site), you:
| 1. |
Grant
Just Born, Inc. and its affiliates and licensees the unrestricted
right to use, reproduce, display, perform, adapt, modify, distribute,
have distributed, and promote the content in any form, anywhere
and for any purpose, without compensation to you; and |
| 2. |
Warrant
and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content
by Just Born, Inc. will not infringe or violate the rights of
any third party. |
Disclaimer
of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN,
OR AVAILABLE THROUGH, THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JUST BORN, INC., ITS
SUBSIDIARIES AND ITS LICENSORS, DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL JUST BORN, INC., ITS SUBSIDIARIES,
AND/OR ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JUST BORN, INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, JUST BORN, INC.'S LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Just Born, Inc., you agree to defend, indemnify,
and hold harmless Just Born, Inc. and its subsidiary and other affiliated
companies, and their employees, contractors, officers, and directors,
from all liabilities, claims, and expenses, including attorney's
fees, that arise from your use or misuse of this site or from the
breach of these Terms of Use by you. Just Born, Inc. reserves the
right, at it own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which
event you will cooperate with Just Born, Inc. in asserting any available
defenses.
International
Use
Just Born, Inc. makes no 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.
Choice
of Law and Forum
These Terms of Use shall be governed by, and construed in accordance
with, the substantive laws of the Commonwealth of Pennsylvania,
without reference to its conflicts of law rules. You expressly agree
that any action at law or in equity arising out of, or relating
to, these Terms of Use or your use of this site shall be filed only
in the United States District Court for the Eastern District of
Pennsylvania or the Court of Common Pleas of Northampton County,
Pennsylvania, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating
any such action. Any claim or cause of action arising out of or
related to your use of this site or these Terms of Use must be filed
within one (1) year after such claim or cause of action arose or
be forever barred, notwithstanding any statute or law to the contrary.
Severability
and Integration; General Information
Unless otherwise specified herein, this agreement constitutes the
entire agreement between you and Just Born, Inc. with respect to
this site and supersedes all prior or contemporaneous communications
and proposals (whether oral, written, or electronic) between you
and Just Born, Inc. with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of the remaining provisions.
This agreement shall not be modified except in writing, signed by
both parties. The failure of Just Born, Inc. to exercise or enforce
any right or provision of these Terms of Use shall not constitute
a waiver of such right or provision. The section headings of these
Terms of Use are for convenience only and have no legal or contractual
effect.
Termination
Just Born, Inc. reserves the right, in its sole discretion, to terminate
your access to all or part of this site, with or without notice.
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