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GENERAL TERMS OF SERVICE AGREEMENT FOR TALKINGCARDS.COM

Please read these Terms Of Service carefully before using our sites. By using any of our sites, you indicate your agreement to these Terms. If you are not agreeable to these Terms, please do not use any of our web sites. You may not use any of our sites, and may not accept the Terms if (a) you are not of legal age to form a binding contract with TalkingCards.com ( Dongo LLC ), or (b) you are a person barred from receiving services provided by TalkingCards.com under the laws of the United States or other countries including the country in which you are resident or from which you use any of our sites.

USER / MEMBER DEFINITIONS:
"User" means any person who establishes or accesses connection to TalkingCards.com, sites in the TalkingCards.com Network, or any other web site belonging to TalkingCards.com. "Member" or "Customer" means any person gaining additional or paid access to services provided by TalkingCards.com.

DESCRIPTION OF SERVICES:
(A) TalkingCards.com provides User with a capability to send electronic mail via the World Wide Web and on TalkingCards.com's own system(s). In consideration for this Service, User agrees to comply with the terms and conditions as laid down under this Service Agreement. If any information provided by User is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly or explicitly, TalkingCards.com retains the right to terminate User's rights to use the Service.

GENERAL:
(A) This Agreement incorporates by reference, other provisions applicable to the use of web sites owned by TalkingCards.com, and sets forth the terms and conditions that apply to the use of such sites by User. By using sites owned by TalkingCards.com, User agrees to comply with all of the terms and conditions hereof. The right to use web sites belonging to TalkingCards.com is personal to User and is not transferable to any other person or entity. The User is responsible for all use of User's Account (under any username, access key, 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), or access key(s), or secret question(s) and answer(s), if any.

(B) TalkingCards.com shall have the right at any time to change or discontinue any aspect or feature of any or all of its web sites, including, but not limited to, content, hours of availability, and equipment needed for access or use.

CHANGED TERMS:
TalkingCards.com shall have the right at any time to change or modify the terms and conditions applicable to User's use of web sites belonging to TalkingCards.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 sites belonging to TalkingCards.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of sites owned by TalkingCards.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

USER CONDUCT:
(A) User shall use sites owned by TalkingCards.com for lawful purposes only. User shall not post or transmit through web sites owned by TalkingCards.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, of which, without TalkingCards.com's expressed prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in TalkingCards.com's discretion restricts or inhibits any other User from using or enjoying web sites owned by TalkingCards.com will not be permitted. User shall not use sites owned by TalkingCards.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with any site owned by TalkingCards.com.

(B) Sites owned by TalkingCards.com contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. TalkingCards.com and its licensors have copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. TalkingCards.com contains some content obtained from royalty free collections provided by Cartoon Solutions, Adobe, Corel, Jupiter Images, Graphics Factory, and others purchased from various companies by TalkingCards.com. 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 designated 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 written permission of TalkingCards.com 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. User agrees not to download any content from sites owned by TalkingCards.com that TalkingCards.com has not designated to be available for download.

(C) User shall not upload, post or otherwise make available on sites owned by TalkingCards.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 the 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 sites owned by TalkingCards.com, User automatically grants, or warrants that the owner of such material has expressly granted TalkingCards.com 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, and store or reproduce the material for that User's personal use. User hereby grants TalkingCards.com the right to edit, copy, publish and distribute any material made available on sites owned by TalkingCards.com by the User.

(D) The foregoing provisions of Section 5 are for the benefit of TalkingCards.com, 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.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY:
(A) USER EXPRESSLY AGREES THAT USE OF SITES OWNED BY TALKINGCARDS.COM IS AT USER'S SOLE RISK. NEITHER TALKINGCARDS.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SITES OWNED BY TALKINGCARDS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SITES OWNED BY TALKINGCARDS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WEB SITES OWNED BY TALKINGCARDS.COM.

(B) TALKINGCARDS.COM SERVICES ARE 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TALKINGCARDS.COM DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TALKINGCARDS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT TALKINGCARDS.COM 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 TALKINGCARDS.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SITES OWNED BY TALKINGCARDS.COM OR THE TALKINGCARDS.COM 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 WEB SITES AND SERVICES OWNED BY TALKINGCARDS.COM USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WEB SITES OWNED BY TALKINGCARDS.COM.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER TALKINGCARDS.COM, 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 WEB SITES OWNED BY TALKINGCARDS.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. NEITHER TALKINGCARDS.COM NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS 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 WEB SITES OWNED BY TALKINGCARDS.COM.

MONITORING:
TalkingCards.com shall have the right, but not the obligation, to monitor the content on web sites owned by TalkingCards.com, to determine compliance with this Agreement and any operating rules established by TalkingCards.com and to satisfy any law, regulation or authorized government request. TalkingCards.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on web sites owned by TalkingCards.com. Without limiting the foregoing, TalkingCards.com shall have the right to remove any material that TalkingCards.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

INDEMNIFICATION:
User agrees to defend, indemnify and hold harmless TalkingCards.com, 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 web sites owned by TalkingCards.com by User or User's Account.

LIMITATION OF LIABILITY:
Under no circumstances, including, but not limited to, negligence, shall TalkingCards.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in sites owned by TalkingCards.com, even if TalkingCards.com or a TalkingCards.com 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 TalkingCards.com's 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 amount paid by you, if any, for accessing this site.

TERMINATION:
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all TalkingCards.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from TalkingCards.com if in TalkingCards.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from web sites owned by TalkingCards.com and any and all other TalkingCards.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

CONCLUSION:
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement 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 can be modified at any time by TalkingCards.com.

CONTACTING THE WEB SITE:
If you have any questions about this statement, the practices of our company, or your dealings with our company, you can contact support ( http://www.talkingcards.com/support/ ).

or write to:

Dongo LLC
Attn: TalkingCards.com
P.O. Box 358436 Gainesville, Fl
32635-8436 USA

ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS:

TalkingCards.com Terms Of Sale Agreement:
http://www.talkingcards.com/legal/terms-of-sale.php

TalkingCards.com General Privacy Policy Statement:
http://www.talkingcards.com/legal/privacy-policy.php

TalkingCards.com Copyright Notice & Disclaimer:
http://www.talkingcards.com/legal/copyright-notice.php

TalkingCards.com Affiliate Agreement:
http://www.talkingcards.com/legal/affiliate-agreement.php