HAPPY EYES TERMS OF SERVICE
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Happy Eyes Cards Service ("Service"), owned and operated by Happy Eyes ("happyeyescards.com"), is provided to you under the following Happy Eyes Terms of Service (HETS). The HETS comprise the entire agreement between User and Happy Eyes and supersedes all prior agreements between the parties regarding the subject matter contained herein. By sending a Happy Eyes e-card and clicking on the "Send" button, you are indicating your agreement to be bound by all of the terms and conditions of the HETS.
You are permitted to use the Service for personal, non-commercial purposes only. If you do not comply with these Terms of Service, please do not use Happy Eyes web site.
2. DESCRIPTION OF SERVICE
Happy Eyes is providing User with a capability to send electronic cards or invitations via the World Wide Web.
In consideration of this Service, User agrees to complete accurate information about User as prompted to do so by the Service.
If any information provided by User is incomplete or inaccurate, Happy Eyes reserves the right to terminate User's rights to use the Service.
3. HAPPY EYES USE OF USER E-MAIL ADDRESSES:
Happy Eyes does not sell or distribute the e-mail addresses of anyone using our system. The only time Happy Eyes will intentionally release information concerning a User's communications is to:
- help users or recipients to send or pickup their Happy Eyes e-cards;
- conform to the edicts of the law or comply with legal process served on Happy Eyes;
- protect and defend the rights or property of Happy Eyes; or
- act under exigent circumstances to protect the personal safety of its Users or the public.
4. MODIFICATIONS TO TERMS OF SERVICE
Happy Eyes reserves the right to modify or discontinue the Service with or without notice to User. Happy Eyes shall not be liable to User or any third party should Happy Eyes exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
It is Happy Eyes policy to respect the privacy of its Users. Therefore, Happy Eyes will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to:
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conform to the edicts of the law or comply with legal process served on Happy Eyes;
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protect and defend the rights or property of Happy Eyes;
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act under exigent circumstances to protect the personal safety of its Users or the public, and
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to help senders and recipients with their Happy Eyes e-cards comunications.
WARRANTY RESTRICTIONS
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). happyeyescards.com 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 available on the site are subject to change without notice. User expressly agrees that use of the service is at user’s sole risk.
6. NOTICES
User is solely responsible for the contents of his or her transmissions through the Service.
User agrees: (1) to comply with German law regarding the transmission of technical data exported from Germany through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures.
Happy Eyes User will not use 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.
Happy Eyes User will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
7. Happy Eyes MESSAGE STORAGE
Happy Eyes assumes no responsibility for the deletion or failure to store e-cards messages.
8. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. Happy Eyes assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
9. COPYRIGHTS AND TRADEMARKS
Happy Eyes respects all intellectual property rights. If you believe your copyright or intellectual property has been violated through this site, please contact Happy Eyes immediately.
If you have copy right, trademarked, or other intellectual property or artwork you wish to be considered for display on the site, please forward the material to Happy Eyes for consideration.
10. LAWS
The HETS shall be governed by and construed in accordance with the laws of Germany. User and Happy Eyes agree to submit to the exclusive jurisdiction of the courts of Germany.
11.CHANGES TO THE PRIVACY POLICY
Happy Eyes will occasionally update this Privacy Policy in response to changing business circumstances and legal development. If there are material changes to this Policy or in how Happy Eyes uses your personally identifiable information, Happy Eyes will prominently post such changes prior to implementing the change. Happy Eyes encourages you to periodically review this Policy to be informed of how we are protecting your information.
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