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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. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Prohibited Conduct
You agree not to use this site for any unlawful purpose. Any cards which are sent through this web site must be for non-commercial purposes only, and any business use, advertising use, junk mail use or other high-volume application is prohibited. Cards 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. Children Come First 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
This site is owned and operated by Children Come First, Inc.
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. 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 Children Come First copyright and other proprietary rights.
Grant of Limited License for Users
By posting or submitting content to this site (i.e., by submitting a review, article, comment, photo or other content to be posted on our web site), you:
1. Grant Children Come First 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 Children Come First will not infringe or violate the rights of any third party.
Use of Site by Children under 13
Children under the age of 13 are not permitted to order merchandise or submit their writings themselves through the use of this site and their parents must do so on their behalf.
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. CHILDREN COME FIRST DOES 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 CHILDREN COME FIRST 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 CHILDREN COME FIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF CHILDREN COME FIRST IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Children Come First, you agree to defend, indemnify, and hold harmless Children Come First and its employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including the fees of attorneys, that arise from your use or misuse of this site. Children Come First reserves the right, at its 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 Children Come First in asserting any available defenses.
International Use
Children Come First 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.
Severability and Integration; General Information
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Children Come First with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Children Come First 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 Children Come First 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
Children Come First 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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