Legal & Privacy
WEBSITE SERVICE AGREEMENT & TERMS
OF USE
1. ACCEPTANCE
OF TERMS
The services that Envelopments Inc.
provides to User is subject to the following Terms of Use ("TOU").
Envelopments Inc. reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web
pages.
A. This
Agreement, which incorporates by reference other provisions applicable to use
of Envelopments.com, including, but not limited to, supplemental terms and
conditions set forth hereof ("Supplemental Terms") governing the use
of certain specific material contained in Envelopments.com, sets forth the
terms and conditions that apply to use of Envelopments.com by User. By using
Envelopments Inc. (other than to read this Agreement for the first time), User
agrees to comply with all of the terms and conditions hereof. The right to use
Envelopments.com is personal to User and is not transferable to any other person
or entity. User is responsible for all use of User's Account (under any screen
name or password) and for ensuring that all use of User's Account complies
fully with the provisions of this Agreement. User shall be responsible for
protecting the confidentiality of User's password(s), if any.
B. Envelopments
Inc. shall have the right at any time to change or discontinue any aspect or
feature of Envelopments.com, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2. CHANGED
TERMS
Envelopments Inc. shall have the right
at any time to change or modify the terms and conditions applicable to User's
use of Envelopments.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by means including, but not limited to,
posting on Envelopments.com, or by electronic or conventional mail, or by any
other means by which User obtains notice thereof. Any use of Envelopments.com
by User after such notice shall be deemed to constitute acceptance by User of
such changes, modifications or additions.
3. DESCRIPTION
OF SERVICES
Through its Web property, Envelopments
Inc. provides User with access to a variety of resources, including download
areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to the
TOU.
4. EQUIPMENT
User shall be responsible for obtaining
and maintaining all telephone, computer hardware, software and other equipment
needed for access to and use of Envelopments.com and all charges related
thereto.
5. USER
CONDUCT
A. User
shall use Envelopments.com for lawful purposes only. User shall not post or
transmit through Envelopments.com any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any law, or
which, without Envelopments Inc. 's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a User that in Envelopments Inc. 's discretion restricts or inhibits
any other User from using or enjoying Envelopments.com will not be permitted.
User shall not use Envelopments.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with
Envelopments Inc. .
B. Envelopments.com
contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music
and sound, and the entire contents of Envelopments.com are copyrighted as a
collective work under the United
States copyright laws. Envelopments Inc.
owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. User may
download copyrighted material for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of Envelopments Inc. and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
C. User
shall not upload, post or otherwise make available on Envelopments.com any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by
copyright rests with User. User shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public area of
Envelopments.com, User automatically grants, or warrants that the owner of such
material has expressly granted Envelopments Inc. the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store or
reproduce the material for that User's personal use. User hereby grants
Envelopments Inc. the right to edit, copy, publish and distribute any material
made available on Envelopments.com by User.
D. The
foregoing provisions of Section 5 are for the benefit of Envelopments Inc., its
subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or
on its own behalf.
6. USE
OF SERVICES
The Services may contain email
services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable User to
communicate with others (each a "Communication Service" and
collectively "Communication Services"). User agrees to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, User agrees that when
using the Communication Services, User will not:
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others. Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic,
name, material or information.
Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless
User own or control the rights thereto or have received all necessary
consent to do the same. Use any material or information, including images or
photographs, which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer
or property of another.
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services specifically
allows such messages.
Download any file posted by another user of a
Communication Service that User know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such
manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded. Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service. Harvest or otherwise collect information about others,
including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
others.
Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
Envelopments Inc. has no obligation to
monitor the Communication Services. However, Envelopments Inc. reserves the
right to review materials posted to the Communication Services and to remove
any materials in its sole discretion. Envelopments Inc. reserves the right to
terminate User’s access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever. Envelopments Inc. reserves the
right at all times to disclose any information as it deems necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or in
part, in Envelopments Inc.'s sole discretion.
Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such limitations if User
downloads the materials.
Always use caution when giving out any
personally identifiable information in any Communication Services. Envelopments
Inc. does not control or endorse the content, messages or information found in
any Communication Services and, therefore, Envelopments Inc. specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from User’s participation in any Communication Services.
Managers and hosts are not authorized Envelopments Inc. spokespersons, and
their views do not necessarily reflect those of Envelopments Inc..
7. MEMBER
ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to
open an account, User must complete the registration process by providing Envelopments
Inc. with current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a user name.
User is entirely responsible for maintaining the confidentiality of User’s
password and account. Furthermore, User is entirely responsible for any and all
activities that occur under User’s account. User agrees to notify Envelopments
Inc. immediately of any unauthorized use of User’s account or any other breach
of security. Envelopments Inc. will not be liable for any loss that User may
incur as a result of someone else using User’s password or account, either with
or without User’s knowledge. However, User could be held liable for losses
incurred by Envelopments Inc. or another party due to someone else using User’s
account or password. User may not use anyone else's account at any time,
without the permission of the account holder.
8. NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to
download from the Services ("Software") is the copyrighted work of
Envelopments Inc. and/or its suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user will be
unable to install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for
download solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, ENVELOPMENTS INC. HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ENVELOPMENTS INC.
MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS
AND UTILITIES FOR USE AND/OR DOWNLOAD. ENVELOPMENTS INC. DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON
THE SERVICES.
9. NOTICE
SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as
white papers, press releases, datasheets and FAQs) from the Services is
granted, provided that (1) the below copyright notice appears in all copies and
that both the copyright notice and this permission notice appear, (2) use of
such Documents from the Services is for informational and non-commercial or personal
use only and will not be copied or posted on any network computer or broadcast
in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and
state community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
ENVELOPMENTS INC. AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. ENVELOPMENTS INC. AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ENVELOPMENTS
INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENVELOPMENTS
INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL ENVELOPMENTS INC.
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS
PROVIDED TO ENVELOPMENTS INC. OR POSTED AT ANY OF ITS WEBSITES
Envelopments Inc. does not claim
ownership of the materials User provide to Envelopments Inc. (including
feedback and suggestions) or post, upload, input or submit to any Services or
its associated services for review by the general public, or by the members of
any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") User’s Submission User
is granting Envelopments Inc., its affiliated companies and necessary
sublicensees permission to use User’s Submission in connection with the
operation of their Internet businesses (including, without limitation, all
Envelopments Inc. Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat User’s Submission; to publish User’s name in
connection with User’s Submission; and the right to sublicense such rights to
any supplier of the Services.
No compensation will be paid with
respect to the use of User’s Submission, as provided herein. Envelopments Inc.
is under no obligation to post or use any Submission User may provide and
Envelopments Inc. may remove any Submission at any time in its sole discretion.
By Posting a Submission User warrants and represents to own or otherwise
control all of the rights to User’s Submission as described in these Terms of
Use including, without limitation, all the rights necessary for User to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), User warrant and represent that (a) User is the copyright
owner of such Images, or that the copyright owner of such Images has granted
User permission to use such Images or any content and/or images contained in
such Images consistent with the manner and purpose of User’s use and as
otherwise permitted by these Terms of Use and the Services, (b) User have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use, including,
by way of example, and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, User is granting (a) to all
members of User’s private community (for each such Images available to members
of such private community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a private community),
permission to use User’s Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of example, and
not as a limitation, making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Images without having User’s
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time User completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time User completely remove such
Images. No compensation will be paid with respect to the use of User’s Images.
12. DISCLAIMER
OF WARRANTY; LIMITATION OF LIABILITY
A. USER
EXPRESSLY AGREES THAT USE OF ENVELOPMENTS.COM IS AT USER'S SOLE RISK. NEITHER
ENVELOPMENTS INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ENVELOPMENTS.COM WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF ENVELOPMENTS.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH ENVELOPMENTS.COM.
B. ENVELOPMENTS.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ENVELOPMENTS INC. IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN
NO EVENT WILL ENVELOPMENTS INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING ENVELOPMENTS.COM OR THE ENVELOPMENTS INC. SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE ENVELOPMENTS.COM. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ENVELOPMENTS INC., NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN ENVELOPMENTS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR
TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. ENVELOPMENTS INC., ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, ENVELOPMENTS INC., NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE
MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY
ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15)
DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE
SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS
TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU
LEAVE ENVELOPMENTS INC.'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
ENVELOPMENTS INC. AND ENVELOPMENTS INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. ENVELOPMENTS INC. IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ENVELOPMENTS INC.
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY ENVELOPMENTS INC. OF THE SITE.
Envelopments Inc. is a distributor (and not a publisher) of
content supplied by third parties and Users. Accordingly, Envelopments
Inc. has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Users or
any other user of Envelopments.com, are those of the respective author(s) or
distributor(s) and not of Envelopments Inc.. Neither Envelopments Inc. nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose.
In many instances, the content
available through Envelopments.com represents the opinions and judgments of the
respective information provider, User, or other user not under contract with
Envelopments Inc.. Envelopments Inc. neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on
Envelopments.com by anyone other than authorized Envelopments Inc. employee spokespersons while acting in their
official capacities. Under no circumstances will Envelopments Inc. be liable
for any loss or damage caused by a User's reliance on information obtained
through Envelopments.com. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or
other content available through Envelopments Inc.. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
14. UNSOLICITED
IDEA SUBMISSION POLICY
ENVELOPMENTS INC. OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF
THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
ENVELOPMENTS INC.'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO
IDEAS SUBMITTED TO ENVELOPMENTS INC.. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO ENVELOPMENTS INC. OR ANYONE AT ENVELOPMENTS INC. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT ENVELOPMENTS INC. MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
Envelopments Inc. shall have the right,
but not the obligation, to monitor the content of Envelopments.com, including
chat rooms and forums, to determine compliance with this Agreement and any
operating rules established by Envelopments Inc. and to satisfy any law,
regulation or authorized government request. Envelopments Inc. shall have the
right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on Envelopments.com. Without limiting the foregoing,
Envelopments Inc. shall have the right to remove any material that Envelopments
Inc., in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and
hold harmless Envelopments Inc., its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of Envelopments Inc. by User
or User's Account.
17. TERMINATION
Either Envelopments Inc. or User may
terminate this Agreement at any time. Without limiting the foregoing,
Envelopments Inc. shall have the right to immediately terminate User's Account
in the event of any conduct by User which Envelopments Inc., in its sole
discretion, considers to be unacceptable, or in the event of any breach by User
of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules
for Envelopments.com established by Envelopments Inc. constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the
State of California, County of Orange
without regard to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
19. COPYRIGHT
NOTICE
Envelopments Inc. its logos are trademarks of Envelopments Inc.
All rights reserved. All other trademarks appearing on Envelopments Inc. are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and
products mentioned herein may be the trademarks of their respective owners. The
example companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association with
any real company, organization, product, domain name, email address, logo,
person, or event is intended or should be inferred.
Any rights not expressly granted herein
are reserved.