Relationship Enders User acknowledges that Relationship Enders has no control over, and no duty to take any action regarding which Users gain access to the Site, what Content you access via the Site, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release Relationship Enders from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct Users to sites containing, materials that some people may find offensive or inappropriate.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RELATIONSHIPENDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Relationship Enders DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Relationship Enders DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge and agree that if you upload to the Site, or otherwise transmit on or through the Site, Content (“User Content”), including by but not limited to submitting Content through the Create Your Own Card service or to any “Public Area” of the Site (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such User Content has expressly granted, Relationship Enders the royalty-free, perpetual, irrevocable, transferable, non-exclusive, worldwide, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit such Content (in whole or part, including all related intellectual property rights) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. In other words, if you don’t own the User Content, or if you don’t have permission from the person who does, don’t upload it to this or any other Site of ours. You warrant, represent and agree that you own or otherwise control all rights to such User Content and that disclosure and use of such User Content by Relationship Enders (including without limitation, publishing Content on or at the Site) will not infringe or violate any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right, including moral rights, of any other person or entity. You further warrant, represent and agree that you will not contribute any User Content which is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, or hateful, or contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage or detrimentally interfere with any system, data or information. No User Content shall be subject to any obligation of confidentiality on our part. Relationship Enders reserves the right to use User Content submitted by you as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Relationship Enders reserves the right to remove any User Content from the Site at any time, for any reason or for no reason at all. You are responsible for all User Content posted under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username. If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.
Relationship Enders is under no obligation to offer you any payment for User Content you submit regardless of whether Relationship Enders commercializes such User Content in any way or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Relationship Enders. Relationship Enders shall have no duty to attribute authorship of works developed by Relationship Enders using your User Content to you, and shall not be obligated to enforce any form of attribution by third parties. We hope you will understand that this policy is necessary because Relationship Enders is continuously developing and creating its own ideas and materials, employees of Relationship Enders may currently be working on or previously have worked on ideas or materials similar to your User Content, and Relationship Enders may have received or may someday receive from others ideas or materials similar to your User Content. Relationship Enders may currently have or previously have had access to and/or may independently create or have created E-cards or other materials which may be similar or identical to the ideas, themes, or other elements of your User Content.
You will indemnify and hold Relationship Enders, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, your violation of this Agreement, or the infringement by you, or any third party using your Relationship Enders account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
Under no circumstances shall Relationship Enders be liable for (a) any special, consequential, incidental, indirect or punitive damages that result from the use of, or the inability to use, the materials in the Site, even if Relationship Enders or a Relationship Enders authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Relationship Enders’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you, if any, for accessing this site.
THIRD PARTY SITES
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Relationship Enders’ control, and you acknowledge that Relationship Enders is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Relationship Enders or any association with its operators. You further acknowledge and agree that Relationship Enders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site shall be filed only in the state or federal courts located in Charleston County, South Carolina and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed limited or eliminated from this Agreement to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sublicensable by Relationship Enders User except with Relationship Enders ‘ prior written consent. Relationship Enders may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Relationship Enders User does not have any authority of any kind to bind Relationship Enders in any respect whatsoever.
Either party may terminate this Agreement at any time by notifying the other party by any means. Relationship Enders may also terminate this Agreement immediately without notice if in Relationship Enders ‘ sole discretion you fail to comply with any term or provision of this Agreement. Any fees paid hereunder are nonrefundable. Upon termination, your right to access and use the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Relationship Enders has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Relationship Enders ‘ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Relationship Enders ‘ policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Relationship Enders, LLC., Attn: Copyright Agent, P.O. Box 695 New York, NY, 10159, containing the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Relationship Enders is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Relationship Enders’ policy to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Relationship Enders will terminate such content provider’s, member’s or user’s access to the service.
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may contact Relationship Enders at the following address:
Relationship Enders, LLC.
295 Seven Farms Dr., Suite C-290 Charleston, SC 29492