| Terms and Conditions of Use PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This site is owned and operated by Candy Brokers Australia. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to update or modify these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. A COPY OF THESE TERMS AND CONDITIONS OF USE MAY BE DOWNLOADED, STORED OR PRINTED. Prohibited Conduct You agree not to use this site for any unlawful purpose. Any cards which are sent through a web site owned by candy Brokers must be for non-commercial purposes only, and any business use, advertising use, junk mail use or other high-volume application is prohibited. Cards or any other communications or messages sent through this web site may not contain threatening, abusive, defamatory, harassing, libellous, deceptive, fraudulent, sexual or other inappropriate language or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. Candy Brokers. reserves the right, for any reason, and at its sole discretion, not to send any cards through this web site. You agree that you will not upload, post or otherwise distribute or facilitate distribution of any software viruses, or any other computer code, files, or programs that are intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain any unauthorized access to any data or other information of any third party. You agree not to impersonate any other person or entity. Proprietary Rights You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. All trademarks, service marks, and trade names are proprietary to Just Born, Inc. or its content providers, with the exception of NASCAR®, which is proprietary to National Basketball League (NBL) and which is used by Just Born, Inc. with the permission of the NBL. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, except that you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited and is a violation of Just Born, Inc.'s and/or the NBL’s copyright and other proprietary rights. User's Grant of Limited License By posting or submitting content to this site (i.e., by submitting a photo or other content to be posted on our web site), you: 1. Grant Just Born, Inc and candy Brokers and its affiliates and licensees the unrestricted right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose, without compensation to you; and 2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Just Born, Inc. and Candy Brokers will not infringe or violate the rights of any third party. Disclaimer of Warranties ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JUST BORN, INC., ITS SUBSIDIARIES AND ITS LICENSORS, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL JUST BORN, INC., ITS SUBSIDIARIES, AND/OR ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JUST BORN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JUST BORN, INC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Indemnification Upon a request by Just Born, Inc., you agree to defend, indemnify, and hold harmless Just Born, Inc. and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site or from the breach of these Terms of Use by you. Just Born, Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Just Born, Inc. in asserting any available defenses. International Use Just Born, Inc. makes no 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. Choice of Law and Forum These Terms of Use shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania and The Commonwealth of Australia, without reference to its conflicts of law rules. You expressly agree that any action at law or in equity arising out of, or relating to, these Terms of Use or your use of this site shall be filed in the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Northampton County, Pennsylvania, or Australia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such action. Any claim or cause of action arising out of or related to your use of this site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any statute or law to the contrary. Severability and Integration; General Information Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Just Born, Inc. and Candy Brokers with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Just Born, Inc. with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. This agreement shall not be modified except in writing, signed by both parties. The failure of Just Born, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings of these Terms of Use are for convenience only and have no legal or contractual effect. Termination Just Born, Inc. and Candy Brokers reserves the right, in their sole discretion, to terminate your access to all or part of this site, with or without notice. |