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1. NOTICE
This is to notify you that by sending an eCard through the UCard system, you thereby agree to both the NOTICE terms and the terms listed in the SERVICE AGREEMENT below.1.1 UCard user will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
1.2 UCard user will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
1.3 UCard user agrees not to use the service for illegal purposes.
1.4 UCard User recognizes and accepts that UCard is not intended to be an Anonymous Email Service. Every eCard sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of UCard recipients.
UCard’s use of user email addresses:
1.5 UCard does not sell or distribute the e-mail addresses of anyone using our system. The only time UCard will intentionally release information concerning a User's communications is to:
1. help users or recipients send or pickup their eCards;
2. conform to the edicts of the law or comply with legal process served on UCard;
3. protect and defend the rights or property of UCard; or act under exigent circumstances to protect the personal safety of its Users or the public.
To report a violation of the UCard Rules and Regulations, please e-mail us at service@udomain.com.hk.
2. ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
The UCard Service ("Service"), owned and operated by UDomain Web Hosting Company Limited ("UDomain"), is provided to you under this UCard Service Agreement and any operating rules or policies that may be published by UDomain.2.1 The SERVICE AGREEMENT comprises the entire agreement between User and UCard, and supersedes all prior agreements between the parties regarding the subject matter contained herein.
2.2 By sending an UCard and clicking on the "Submit" button, you are indicating your agreement to be bound by all of the terms and conditions of the SERVICE AGREEMENT.
3. DESCRIPTION OF SERVICE
3.1 UCard is providing User with a capability to send electronic mail via the World Wide Web and on UCard's own system. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.3.2 In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service.
3.3 If any information provided by User is incomplete or inaccurate, UCard retains the right to terminate User's rights to use the Service.
4. MODIFICATIONS TO SERVICE AGREEMENT
4.1 UCard may change the terms and conditions from time to time. The changes may be seen by reviewing this document before sending an eCard.4.2 User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the SERVICE AGREEMENT and its modifications; and (2) agreement by User to abide and be bound by the SERVICE AGREEMENT and its modifications.
5. MODIFICATIONS TO SERVICE
UCard reserves the right to modify or discontinue the Service with or without notice to User. UCard shall not be liable to User or any third party should UCard exercise its right to modify or discontinue the Service.6. AGREEMENT
6.1 User acknowledges and agrees that UCard neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.6.2 User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
6.3 User expressly agrees that use of the service is at user's sole risk. The service is provided on an "as" and & "as available" basis.
6.4 User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data.
7. DISCLAIMER
7.1 UCard expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.7.2 UCard makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does¬ UCard make any warranty as to the results 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 software will be corrected.
7.3 UCard makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
7.4 No advice or information, whether oral or written, obtained by user from UCard or through the service shall create any warranty not expressly made herein.
8. LIMITATION OF LIABILITY
UCard shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of User’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if UCard has been advised of the possibility of such damages.9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User agrees not to resell the Service. Commercial use of the Service that is compliant with this SERVICE AGREEMENT is permitted.10. MESSAGE STORAGE
UCard assumes no responsibility for the deletion or failure to store e-cards messages.11. INDEMNIFICATION
User agrees to indemnify and hold UCard, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this SERVICE AGREEMENT by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.12. TERMINATION
12.1 Should User object to any terms and conditions of the SERVICE AGREEMENT or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service.12.2 Upon termination of the Service, User's right to use the Service and Software immediately ceases.
13. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. UCard may broadcast notices or messages through the Service to inform User of changes to the SERVICE AGREEMENT, the Service, or other matters of importance; such broadcasts shall constitute notice to User.14. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service "Content" by UCard or UDomain, or UCard affiliated Artists, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service, UDomain or Artist. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service, UDomain or the Artist.15. GOVERNING LAW AND JURISDICTION
15.1 SERVICE AGREEMENT and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this SERVICE AGREEMENT or its formation, shall be governed by and construed in accordance with the laws of Hong Kong.15.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this set of Service Agreement.
