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Terms
and Conditions of Use of Laughing Inside Website
Definitions
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"Site" means the website www.laughinginside.com
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"E-Cards" means the electronic
greetings cards available on the Site
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"Materials" means all photographs,
graphics, images, illustrations, graphics, animations and text on the Site,
including the E-Cards
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"The Company" means Laughing
Inside, a company registered in England and operating as laughinginside.com
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"Member" means any person who
has registered to use E-cards and other features of the Site
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"You" means any person visiting
or browsing the Site, including Members
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"Agreement" means this document
Conditions of Use of Site
The following is a legal
agreement between you and the Company. By browsing or using the Site, you
acknowledge that you have read, understood, and agreed to be bound to by
this Agreement.
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All Materials are protected
by copyright, and owned or controlled by the Company. You shall abide by
all additional copyright restrictions contained in any Materials accessed
through the Site. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create new works from, distribute,
perform, display, or in any way exploit, any of the Materials in whole
or in part, except as otherwise provided for in this Agreement. You agree
that any copy of the Materials that you make or have in your possession
shall be unaltered and shall retain all copyright and other proprietary
notices contained therein. All information and software provided through
the Site is and shall remain the sole and exclusive property of the Company
or the parties credited in the copyright notices within the Materials.
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Causing the Site to be displayed
in a frame of another website is forbidden. Posting of any Materials from
this Site on any other website, or otherwise distributing any of the Materials
from this Site is forbidden except as otherwise provided for in this Agreement.
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The Company may from time to
time in its sole discretion publish E-Cards which may be viewed or sent
by e-mail to third parties.
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The Company may further vary
from time to time in its sole discretion the Materials and other features
of the site available to Members.
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All Materials are subject to
change without notice.
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You agree that you will not
through the use of the Site violate, plagiarize, or infringe upon the rights
of any third party, including copyright, trademark, privacy or other personal
or proprietary rights, or submit or publish libellous or otherwise unlawful
material. You hereby indemnify, defend and hold harmless the Company and
all officers, directors, owners, agents, Material providers, licensors
and licensees from and against any and all liability and costs, including,
without limitation, reasonable attorneys' fees, incurred by them in connection
with any claim arising out of any breach by you of this Agreement. You
shall cooperate as fully as reasonably required in defence of any such
claim. The Company reserves the right, at its own expense, to assume the
exclusive defence and control of any matter subject to indemnification
by you.
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You may not use this Site to
send E-cards to mailing lists or to send unsolicited bulk or commercial
messages. The use of computer programs which automate the process of sending
or viewing any of the Materials is strictly prohibited. We reserve the
right to limit, in our sole discretion and without prior notice to you,
the number of cards or messages that you may send using the Site and/or
the number of recipients to which you send such cards or messages.
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The Company does not represent
or endorse the accuracy or reliability of any opinion, statement, or other
information displayed or distributed through the Site by any person or
entity. You acknowledge that any reliance upon any such opinion, statement
or other information shall be at your sole risk.
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The Materials are provided "as
is" without warranty of any kind, either expressed or implied. The Company
is not responsible for any failure of E-Cards sent through the Site to
reach their intended recipients or to reach such recipients on the date
specified by the sender.
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Neither the Company nor any
of its officers, directors, employees or affiliates shall be liable for
any direct, indirect, special, consequential, punitive, exemplary and/or
incidental damages of any kind whatsoever (including, but not limited to,
lost profits or attorneys' fees) in any way due to, resulting from or arising
in connection with your access to, inability to access, or use of the site,
or from your reliance on any information provided at the site, even if
the Company has been advised of the possibility of such damages. This limitation
applies to all causes of action in the aggregate including, but not limited
to, breach of contract, breach of warranty, negligence, strict liability,
misrepresentation, and any other tort. In the event the foregoing limitation
of liability set forth herein shall be for any reason held unenforceable
or inapplicable, you agree that the Company and its affiliates' aggregate
liability shall not exceed the amount paid pursuant to the terms of this
Agreement.
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The Company may modify this
Agreement at any time by updating this page. By using the Site, you agree
to be bound by any such revisions and you should periodically visit the
Site to determine the terms to which you are bound.
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This Agreement, and the respective
rights and obligations of the parties hereto, shall be governed by and
construed in accordance with the laws of England, and you and the Company
submit to the exclusive jurisdiction of the English Courts.
Terms of Use of Site
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In order to use the Site, you
will be required to select a password to be used in conjunction with your
e-mail address. You must not disclose this password to others or permit
others to use your password so as to access the Site.
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No use of the Site, E-Cards
or Materials is permitted save that permitted by the Conditions of Use
of Site above.
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You must ensure that the e-mail
address which you give as part of your membership details is your correct
and valid e-mail address.
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If you change your e-mail address
you must notify the Company by means of the facilities made available on
the Site.
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The Company may modify this
Agreement at any time by updating this page. By becoming a Member, you
agree to be bound by any such revisions and you should periodically visit
the Site to determine the Terms to which you are bound. If any of the rules
contained in the Agreement or any future changes to the Agreement are not
acceptable to you, you should cancel your licence. Your continued use of
the Site now, or following the posting of any changes to this Agreement,
will indicate acceptance by you of such changes.
Commercial Use
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We regret that commercial use
of our website is not permitted. This is in order to avoid any risk of
our e-cards being viewed as unsolicited commercial email, or "spam", and
reported as such to service providers or blacklist operators who may then
block our mail.
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If you own or work for a business,
you may however use our site to send e-cards provided that you abide by
all the following conditions:
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you sign the card with your
name, not that of your company
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you send the card from a personal
email address, not a generic one (i.e. not sales@mycompany.com or similar)
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you send the card only to clients
and contacts whom you know personally by name and who would welcome a greeting
from you
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your message to the recipient
must not include any inducement or encouragement to purchase your products
or services
Privacy Policy
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This policy covers how Laughing
Inside treats personal information that Laughing Inside collects and receives,
including information related to your past use of Laughing Inside products
and services. Personal information is information about you that is personally
identifiable like your name, address, email address, or phone number, and
that is not otherwise publicly available.
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This policy does not apply to
the practices of companies that Laughing Inside does not own or control,
or to people that Laughing Inside does not employ or manage.
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Information Collection and Use
General
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Laughing Inside collects personal
information when you register with Laughing Inside, when you use Laughing
Inside products or services, and when you visit Laughing Inside.
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When you register we ask for
information such as your name, email address, birth date, gender, zip code,
occupation, industry, and personal interests. Once you register with Laughing
Inside and sign in to our services, you are not anonymous to us.
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Laughing Inside collects information
about your transactions with us including information about your use of
services that we offer.
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Laughing Inside automatically
receives and records information on our server logs from your browser,
including your IP address and the page you request.
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Laughing Inside uses information
for the following general purposes: to customize the advertising and content
you see, fulfill your requests for products and services, improve our services,
contact you, conduct research,
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Laughing Inside does not rent,
sell, or share personal information about you with other people or non-affiliated
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Laughing Inside displays targeted
advertisements based on personal information, but does not provide any
personal information to the advertiser when you interact with or view a
targeted ad. However, by interacting with or viewing an ad you are consenting
to the possibility that the advertiser will make the assumption that you
meet the targeting criteria used to display the ad.
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You can edit your Laughing Inside
Account Information at any time.
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We reserve the right to send
you certain communications relating to the Laughing Inside??™s service, such
as service announcements, administrative messages and the Laughing Inside
Newsletter, that are considered part of your Laughing Inside account, without
offering you the opportunity to opt-out of receiving them.
Changes to this Privacy Policy
Laughing Inside may update
this policy. We will notify you about significant changes in the way we
treat personal information by sending a notice to the primary email address
specified in your Laughing Inside account or by placing a prominent notice
on our site.
Effective Date: November
20, 2006
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