Terms of
Use
The following is a legal agreement
between Bright Angle, LLC, a
By accessing, browsing
and/or using this web site (“Site”), you acknowledge that you have read,
understand, and agree to be bound to these terms of service (“Terms”) and to
comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY
DISCLAIMERS AND OTHER AGREEMENTS IN ITS ENTIRETY. If you do not agree to these Terms,
please do not use this Site.
Your Use of the
Site
We hereby grant you a
limited license to use the materials, features, and services provided by us on
this Site (collectively the “Materials”) solely for your personal,
non-commercial use, subject to these Terms. The design and layout of the Site are
specifically excluded from the Materials.
No other use of the Site or Materials is authorized. You agree that any copy of the Materials
(or any portion of the Materials) that you make shall retain all copyright and
other proprietary notices contained herein or therein. Framing of the Site or Site Materials or
posting of Materials on other Web Sites is strictly
prohibited.
The products,
technology, and/or processes described and/or used on this Site may be the
subject of intellectual property rights reserved by us or other third
parties. Except for the limited
license granted above, nothing contained herein shall be construed as conferring
to you in any manner, whether by
implication, estoppel or otherwise, any license, title, or ownership of or to
any intellectual property right of us or any third
party.
Copyright
Information
All of the Material
available on the Site is copyright ©2005. Bright Angle, LLC, or used under
license. We currently utilizes
copyrighted materials from various individuals and entities. Copyright notices for such material are
set forth wherever such licensed material appears on the BlankYouNote.com
Site.
Trademarks
Blank You Notes is a
registered service mark of Bright Angle, LLC. The BlankYouNote.com logo is a service
mark of Bright Angle, LLC. All
unauthorized use is prohibited. Use
of the BlankYouNote.com trademarks as meta-tags for search engines is strictly
prohibited.
Acceptable Use
Policy
BlankYouNote.com has
adopted the following Acceptable Use Policy in order to assure that its
electronic greetings are used in a lawful and appropriate manner. BlankYouNote.com reserves the right to
investigate reports of misuse of its service and to protect its property and
assets. The following conduct is
prohibited on the service:
Violations of the
BlankYouNote.com Acceptable Use Policy will not be tolerated and may result in
the sender being blocked from sending additional notes on the service. Blank You Notes RESERVES THE
RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING NOTES
RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT
INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER
NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST
AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY
BlankYouNote.com TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO
PREVENT FUTURE VIOLATIONS. THESE
DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY
CONSENT TO SUCH DISCLOSURES.[I need to think about this one – not sure
it’s necessary if it’s covered under the Privacy Policy – I don’t think you want
to disclose personal information of any kind about someone just because of
acceptable use violation – the other exceptions cover what’s necessary – stating
that you’ll cut them off from using the site is enough I
think.]
Spam
You may not use this
Site to send Notes to mailing lists to which you do not have full rights or to
send unsolicited bulk or commercial messages. In addition, the use of automated
scripting-type programs that automate the process of sending or viewing any of
the Materials is strictly prohibited.
BlankYouNote.com reserves the right to limit, in its sole discretion and
without prior notice to you, the number of Notes that you may send using the
Site and/or the number of recipients to which you send such Notes.
Links and
Advertisements
We may feature on the
Site, in newsletters, or in email communications to you links to third-party web
sites. These may appear in the form
of text links, advertisements, banners, buttons, integrated gift services,
digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH
THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN
ANY WAY WITH BlankYouNote.com, Blank You Notes, or Bright Angle, LLC. WE MAKE NO REPRESENTATIONS AS TO THE
QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE
MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY
ADVERTISER. WE WILL NOT REIMBURSE
OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH
ANY BlankYouNote.com ADVERTISER OR THIRD PARTY PROVIDER. USERS ARE ADVISED TO USE DISCRETION IN
SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be
circumstances where access to this Site is provided by a link located at another
Web site. Neither we nor our
affiliates makes any representations or give any warranties with respect to any
information contained in or at these other sites and neither we nor our
affiliates shall be liable for any damages or injury arising from the content of
individuals, companies, or other similar entities, that provide a link to this
Site.
Warranty Restriction;
Limitation Of Liability
THE MATERIALS,
INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THERE IS NO WARRANTY
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR
SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT , IMAGES, SOUNDS, OR
COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPLIATIONS OF THEM)) OR AGAINST
INFRINGEMENT. WE ARE NOT
RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC NOTES SENT THROUGH THE SERVICE TO
REACH THEIR INTENED RECIPIENT OR TO REACH SUCH RECIPIENTS ON THE DATE SENT BY
THE SENDER. THE MATERIALS AVAILABLE
ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER WE NOR ANY OF
OUR OFFICERS, DIRECTORS, EMPLOYEES, O RAFFILIATES 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,
INABLITIY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY
INFORMATION PROVIDED AT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY
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, INFRINGEMENT, 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 WE AND OUR AFFILIATES’ AGGREGATE
LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU PURSUANT THIS
AGREEMENT.
NEITHER WE NOR OUR
AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIBILITY FOR ANY CONTENT
UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY
MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY,
PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU
MAY ENCOUNTER IN USING THE SITE.
YOU AGREE TO HOLD HARMLESS US AND OUR AFFILIATES AND PARTIES WITH WHOM WE
HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS
BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE
SITE.
International
Use
Neither we nor our
affiliates makes any representation that Materials on this Site are appropriate
or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with local laws.
Indemnification
You are solely
responsible for your actions and communications undertaken or transmitted using
this Site. We reserve the right to
review your transmissions in order to ensure compliance with these Terms.
You herby indemnify,
defend and hold harmless BlankYouNote.com and its affiliates, and all officers,
directors, owners, agents, content providers, licensors and licensees
(collectively, the “Indemnified Parties”) from and against any and all liability
and costs, including, without limitation, reasonable attorneys’ fees, incurred
by the Indemnified Parties in connection with any claim arising out of any use
of BlankYouNote.com or any breach by your of this Agreement. You shall cooperate as fully as
reasonably required in defense of any such claim. BlankYouNote.com reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
subject to indemnification by you.
Enforcement by
BlankYouNote.com
In the event
BlankYouNote.com determines, in its sole discretion, that you have violated
these Terms, BlankYouNote.com shall have the right to immediately terminate your
account (with or without refund), refuse membership, or block the sending or
receipt of Notes from our Site, and/or pursue any other remedies available to it
under applicable law.
Governing
Law
This Agreement, and the respective
rights and obligations of the parties hereto, shall be governed by and construed
in accordance with the laws of the State of
Updates to
Terms
BlankYouNote.com shall
have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be
bound by any such revisions and should therefore periodically visit this Site to
determine the Then-current Terms to which you are
bound.
Privacy
Policy
The terms of the privacy
policy can be found by clicking
here.
Digital Millennium
Copyright Act Notices
Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to BlankYouNote.com’s Designated Agent specified
below.
THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS
REFERECED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY
REPORTS) WILL NOT RECEIVE A RESPONSE THROUGH THIS
PROCESS.
Written notification
must be submitted to the following Designated
Agent:
Name of Agent Designated
to Receive Notification of Claimed Infringement: Elizabeth
Klemmer
Full Address of
Designated Agent to Which Notification Should be Sent: Bright Angle, LLC
568 Broadway 602
Telephone Number of
Designated Agent:
(212) 410-1594
Facsimile Number of
Designated Agent:
(212) 410-1594
Email address of
Designated Agent:
dmca@blankyounote.com
To be effective,
pursuant to Title 17, United States Code, Section 512©(3)(A), the Notification
must include the following: