My Cute Stamps’ - Terms and Conditions
Last Updated: Oct. 21, 2008 1.
2. LIMITATIONS ON USE The Materials on this Web Site are only for your personal use or, as applicable, for the internal use of your employer, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Web Site or the Materials without My Cute Stamps prior written permission; please notify us at info[at]mycutestamps.com and we will be pleased to consider your request for special permission. You may not use the Materials in any way that harms My Cute Stamps, our employees, directors or other representatives or users, or any other third party. You may not use the Web Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or the Materials is prohibited.
3. INTELLECTUAL PROPERTY RIGHTS You agree that the Materials and the Web Site are protected by applicable copyrights, trademarks, service marks, or other proprietary rights and laws, all of which belong to My Cute Stamps.
4. LINKING TO THIS WEB SITE This Web Site does not endorse links to other Internet sites or the information, material, products or services contained on or accessible through this Web Site and you access and use any link at your own risk. You are welcome to provide links to the pages of this Web Site provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms and conditions, the copyright notice, or other notices on this Web Site, and (b) you discontinue providing links to this Web Site if requested by My Cute Stamps.
5. LICENSE OF YOUR OWN MATERIALS TO MY CUTE STAMPS FOR USE ON THIS WEB SITE By uploading content to or submitting any materials for use on this Web Site you do not convey any ownership in those materials to My Cute Stamps but you automatically grant (and promise that you are entitled to grant) or warrant that the owner of such any materials has expressly granted My Cute Stamps a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed throughout the universe, provided that My Cute Stamps uses such materials in a manner consistent with My Cute Stamps' general business. You agree that you shall have no recourse against My Cute Stamps for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us or the materials you upload or submit.
6. REGISTRATION Certain sections of this Web Site require you to register. If registration is requested, you agree to provide My Cute Stamps with accurate and complete registration information. It is your responsibility to inform My Cute Stamps of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular My Cute Stamps licensing service authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify My Cute Stamps immediately at info[at]mycutestamps.com.
7. ERRORS AND CORRECTIONS My Cute Stamps does not promise that this Web Site or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. My Cute Stamps does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. My Cute Stamps may make improvements and/or changes to its features, functionality or Materials at any time.
8. THIRD PARTY CONTENT Third party content may appear on this Web Site or may be accessible by way of links from this Web Site. My Cute Stamps is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content appearing on this Web Site or accessible through it. You understand that the information and opinions in the third party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, My Cute Stamps or any of its employees, directors or other representatives.
10. LIMITATION OF LIABILITY MY CUTE STAMPS IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE MATERIALS, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. MY CUTE STAMPS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (b) ANY MATERIALS ON THIRD PARTY WEB SITES, (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (d) ANY INCOMPATIBILITY BETWEEN THIS WEB SITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (e) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH MY CUTE STAMPS OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (f) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER MY CUTE STAMPS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MY CUTE STAMPS' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US $50.00. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms and conditions may not be brought more than six months after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.
12. THIRD PARTY RIGHTS The provisions of paragraphs 9 (Disclaimer), 10 (Limitation of Liability), and 11 (Indemnification) are for the benefit of My Cute Stamps and of each of the other persons listed in paragraph 11. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.
15. GOVERNING LAW AND JURISDICTION By visiting mycutestamps.com, you agree that the laws of the State of Utah, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute between you and My Cute Stamps. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in Salt Lake County, Utah, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.