ethanku terms of service

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

The services offered at www.ethanku.com ("ethanku"), are provided to you under the terms and conditions of this ethanku Terms of Service ("ETS"), and any operating rules or policies that may be published by ethanku at the URL: www.ethanku.com (the "Service"). The ETS comprises the entire agreement between you and ethanku and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE SIGN IN PROCESS, OR USING ETHANKU, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use ethanku as long as you adhere to these Terms of Service.

1. SERVICES VOID WHERE PROHIBITED:

Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

2. SIGN IN PAGE: a. You are required to sign up with ethanku, if you want to send an ethanku. In order to sign up with ethanku you must supply a valid email address, which will be used as a unique identifier for your account, and a password.

3. DESCRIPTION OF SERVICE:

ethanku provides Users with a variety of online services, including but not limited to:

a. ethanku eCards. ethanku eCards are online greeting cards. You may choose from multiple designs and send your greeting. You must register to send an eCard, but not to view an ethanku.

1. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the ethanku Service without your permission or in any way that constitutes copyright infringement, please provide ethanku with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the ethanku Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact ethanku at the following address: ethanku.com p.o. Box 41-2306, Los Angeles, California 90041.

2. NO "SPAMMING": You must not use any feature of the ethanku Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by ethanku. If you use any feature of the ethanku Service for the purpose of sending Spam, ethanku reserves the right to immediately terminate your access to the ethanku Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Ethanku Service for Spam, please notify ethanku using the Customer Support Form, by flagging any posting that appears to be Spam for ethanku's review, or by emailing ethanku at abuse@ethanku.com

3. NOTICES: ethanku may give notice to you by e-mail, a posting on the ethanku web site, or other reasonable means. You must give notice to ethanku in writing via e-mail or as otherwise expressly provided by ethanku. ethanku may broadcast, distribute or display notices or messages through the ethanku Service to inform you of changes to the ETS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

4. PRIVACY POLICY: It is ethanku's policy to respect the privacy of its users. ethanku 's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with ethanku collect from you and how that information is used is governed by the ethanku Privacy Policy, which you can access here: Privacy Policy

5. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may also set up a new account at your convenience. You agree to notify ethanku immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform ethanku of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until ethanku is notified by email of a breach in security, you will remain liable for any unauthorized use of the ethanku Service through your account. In consideration for using the ethanku Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original sign-up is inaccurate, ethanku reserves the right to terminate your account immediately and your right to use the ethanku Service.

6. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the ethanku Service is personal to you. You agree not to resell or make any commercial use of the ethanku Service without the express consent of ethanku. You may not create bots or other computer generated automatic tools to create ethanku's, nor abuse the ethanku Service in any manner. Use that constitutes abuse shall be determined by ethanku in its sole discretion. ethanku reserves the right to terminate your account if ethanku determines you have not complied with this ETS.

7. USER CONDUCT: ethanku reserves the right, but does not assume the responsibility, to monitor or review your conduct on the ethanku Service. Your use of the ethanku Service is subject to all applicable local, state, national and international laws and regulations.

In using the ethanku Service you agree not to:

*Use the ethanku Service for illegal purposes;

*Interfere or disrupt networks connected to the ethanku Service or violate the regulations, policies or procedures of such networks;

*Use the ethanku Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);

*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;

*Transmit through the ethanku Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Ethanku Service;

*Transmit through the ethanku Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

*Interfere with another User's use and enjoyment of the ethanku Service;

*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;

*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;

*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the ethanku Service any directory of ethanku's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this ETS;

*Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

*Engage in any other conduct which, in ethanku’s sole discretion, is considered inappropriate, unauthorized or objectionable.

8. INDEMNIFICATION: You agree to indemnify and hold ethanku, its parent company, subsidiaries, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ethanku Service, the violation of this ETS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

9. TERMINATION: You may terminate your participation in the ethanku Service with or without cause at any time and effective immediately. ethanku may terminate the ethanku Service or your use of the Service with or without cause at any time and effective immediately, at ethanku 's sole discretion, including but not limited to immediate termination of your use of the ethanku Service should your conduct fail to conform to the terms and conditions of this ETS. ethanku shall not be liable to you or any third party for termination of the ethanku Service or termination of your use of the ethanku Service. Should you object to any terms and conditions of the ETS or any subsequent modifications ethanku makes to the ETS or become dissatisfied with the ethanku Service in any way, your only recourse is to immediately: (1) discontinue use of the ethanku Service; and (2) notify ethanku of your termination and, at your discretion, notify ethanku of the reasons for your termination. Upon termination of your use of the ethanku Service, your right to use the ethanku Service shall cease immediately. You shall have no right and ethanku will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.

10. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: ethanku shall not be liable for your interactions with any organizations and/or individuals found on or through the ethanku Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. ethanku is under no obligation to become involved in disputes between participants on the ethanku Service, or between participants on the ethanku Service and any third party.

11. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the ethanku Service that take you out of the ethanku Service are not under ethanku 's control and ethanku shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

12. VIOLATION OF TERMS BY OTHER USERS: ethanku asks that you participate in ensuring that all Users follow the terms of this ETS by reporting any Private ethanku's that violate these terms. To report a violation of this ETS, please email us at abuse@ ethanku.com.

13. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE ETHANKU SERVICE IS AT YOUR SOLE RISK. THE ETHANKU SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ETHANKU 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. ETHANKU MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ETHANKU MAKE NO 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. YOU ACKNOWLEDGE THAT ETHANKU DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO ETHANKU FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. ETHANKU ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE ETHANKU SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE ETHANKU SERVICE. ETHANKU MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETHANKU OR THROUGH THE ETHANKU SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY: ETHANKU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ETHANKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH ETHANKU OR A THIRD PARTY THROUGH THE USE OF THE ETHANKU SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT ETHANKU IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE ETHANKU SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

15. GENERAL PROVISIONS: This ETS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that ethanku, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this ETS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the ETS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ethanku 's failure to exercise or enforce any right or provision of this ETS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ethanku in writing. User and ethanku agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this ETS are solely used for the convenience of the parties and have no legal or contractual significance.

16. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: ethanku reserves the right to modify or discontinue the ethanku Service with or without notice to you. ethanku shall not be liable to you if ethanku modifies or discontinues its Service. ethanku may change the terms and conditions of the ETS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this ETS, ethanku may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new ETS on the ethanku Service. By using the ethanku Service after any change in the ETS you acknowledge and accept changes to the ETS.