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 PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.  PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.  If you do not agree to these Terms, please do not use this Site.  Thank you.

DESCRIPTION OF SERVICE

TLP is providing Users with a capability to send online cards via electronic mail via the World Wide Web and on TLP’s own system(the “Service”).  User must: (1) provide all equipment, including a com­puter and modem, necessary to establish a connection to the World Wide Web; and (2) provide for User’s own access to the World Wide Web and pay any service fees associ­ated with such access.

In consideration for the Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service; and (2) promptly pay the User fees for the Service at the rates that TLP may set from time to time.

If any information provided by User is incomplete or inaccurate, TLP retains the right to terminate User’s rights to use the Service.

MODIFICATIONS TO TERMS OF SERVICE

TLP may modify the Terms from time to time.  You should review the Terms for any modifica­tions before using the Service.

Your continued use of the Service constitutes: (1) your acknowledgment of the Terms and any modifications; and (2) your agreement to abide by and be bound by the Terms and any modifications.

MODIFICATIONS TO SERVICE

TLP reserves the right to modify or discontinue the Service with or without notice to User. TLP shall not be liable to User or any third party should TLP exercise its right to modify or discontinue the Service.

YOUR USE OF THIS SITE

TLP hereby grants you a limited license to copy and use the materials, features, and services provided by TLP on this Site (“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 copyrights and other intellectual and proprietary notices.  Framing of the Site or Site Materials or posting of Materials on other Web sites is strictly prohibited and is a violation of federal and international copyright laws.

The products, technology, and/or processes described and/or used on this Site are protected by federal and international copyrights reserved by TLP 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 rights of TLP or any third party protecting the products, technology, and/or processes described and/or used on this Site.

Copyright Information: All of the Material available on the Site is copyright © -2006, Three Leaf Partners, LLC.

“Three Leaf,” “Three Leaf Cards,” and the TLP logo are trademarks and service marks of TLP.  All other trademarks, service marks, and logos used in the Site are the trademarks, service marks, or logos of their respective owners.

ACCEPTABLE USE POLICY

TLP has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner.  While TLP does not ordinarily monitor the content of Users’ greetings, it 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:

                • sending harassing, abusive, or threatening messages;

                • sending obscene or pornographic messages or images;

                • sending defamatory or libelous messages;

                • using the service for chain letters, junk mail, spamming, or any use of distribu­tion lists to any person who has not given specific permission to be included in such a process;

                • sending viruses or other harmful, disruptive, or destructive files;

                • attempting to steal passwords or credit card information;

                • sending messages in furtherance of unlawful, criminal, or fraudulent activity; 

                • attempting to conceal or misrepresent the identity of the sender.

User is solely responsible for the contents of his or her transmissions through the Service. User’s use of the Service is subject to all applicable local, state, national, and international laws and regulations.

User shall not interfere with another User’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.

In the event TLP determines, in its sole discretion, that you have violated these Terms, TLP shall have the right to immediately terminate your account without refund, refuse membership, and/or block the sending or receipt of greetings from our Site, and/or pursue any other legal remedies

TLP may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose.

PRIVACY POLICY

The terms of our privacy policy can be found by clicking here.

INTERNATIONAL USE

Neither TLP nor its affiliates make 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 outside the United States do so at their own initiative and are responsible for compliance with local laws.

PROPRIETARY RIGHTS TO CONTENT

User acknowledges that the Site and all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material, contained in the Site or in e-mail distributions, and presented to User by the Service, TLP, or TLP’s affiliated artists, third-party licensors, or sponsor advertisements (collectively, the “Content”) is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, User is only permitted to use the Content as expressly authorized by the Service, TLP, or TLP’s affiliated artists, third-party licensors, or advertisers.  User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by TLP or TLP’s affiliated artists, third-party licensors, or advertisers.

INDEMNIFICATION

You hereby indemnify, defend and hold harmless TLP and its affiliates, and all officers, directors, owners, agents, content providers, licensors, licensees, and affiliated artists, third-party licensors, and advertisers (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 breach by you or any user of your account of these Terms.  You shall cooperate as fully as reasonably required in defense of any such claim.  TLP reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

CONTESTS AND PROMOTIONS

Occasionally, TLP may sponsor contests and/or promotions on our site or in our e-mail products.  Participation in such contests is purely voluntary.  In order to enter a contest or promotion, you may be asked to provide personally identifiable information.  By entering, you agree to all of its terms and conditions, which will be clearly outlined in the rules.  In the event that you are awarded any prizes or other consideration, you give TLP permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote TLP, its products and services, and no additional consideration shall be paid for such rights.

WARRANTY RESTRICTION; LIMITATION OF LIABILITY.

THE MATERIALS, CONTENT, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PRO­VIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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) OR AGAINST INFRINGEMENT.  TLP IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER.  THE MATERIALS AND CONTENT AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER TLP 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, YOUR USE OF THE CONTENT OR THE MATERIALS, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF TLP 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 TLP AND ITS AFFILIATES’ AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT TO THIS AGREEMENT.

NEITHER TLP NOR ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR SHALL ASSUME ANY LIABILITY 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 INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES AND ALL OTHER PARTIES WITH WHOM TLP HAS CON­TRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

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 TLP’s Designated Agent.

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED 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:

GENERAL TERMS

These Terms, 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 California without regard to its conflict of laws rules.

User and TLP agree to submit to the exclusive jurisdiction of the courts of the state of California.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, or severed from these Terms, with the other provisions remaining in full force and effect.

TLP’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TLP in writing.

User and TLP agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred to the extent permitted by applicable law.

The section titles in the Terms are used solely for the convenience of the parties and have no legal or contractual significance.