I. TRADEMARKS
Inchant.com are service marks of the Company. All rights reserved. These and other Inchant.com graphics, logos and service marks and trademarks of Inchant.com and its affiliates may not be used without prior written consent of the Company. All other trademarks, product names, and company names and logos appearing on Inchant.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of Inchant.com is at User's sole risk. Neither Inchant.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that Inchant.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Inchant.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Inchant.com.
THIS SITE IS PROVIDED BY Inchant.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. Inchant.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Inchant.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Inchant.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Inchant.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Inchant.com or any other party involved in creating, producing, or distributing Inchant.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Inchant.com, including but not limited to reliance by a User on any information obtained from Inchant.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Inchant.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Inchant.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that Inchant.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Inchant.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading or copying, text, photographs, images, video, and audio contained in this site on a single computer for your personal, non-commercial use only. However, any use of Inchant.com, including the downloading or copying of our materials from this Web site for your personal use, will indicate your consent and agreement to the terms stated in this notice. No right, title or interest in our material downloaded or copied from this Web site is conveyed to you as a result of any such downloading or copying, and such downloaded or copied material may not be used for any commercial purpose. This is a license, not a transfer of title to our material, and such license is subject to the following restrictions:
- you may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell, rent, or otherwise exploit this site or any of its contents without our prior written permission;
- you may not post, upload, display or otherwise transmit our materials to another Web site, including but not limited to, any personal or commercial Web sites; and
- you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select portions of the Content, provided that the one copy is made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
c. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on Inchant.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Inchant.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report infringement to customerservice@Inchant.com. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted Inchant.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on Inchant.com retains any and all rights that may exist in such Content.
d. THIRD-PARTY CONTENT
Inchant.com is a distributor and not a publisher of Content supplied by third parties and Users. Inchant.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Inchant.com, are those of the respective authors or distributors and not of Inchant.com or its affiliates or any of their officers, directors, employees, or agents. Neither Inchant.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of Inchant.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Inchant.com represents the opinions and judgments of the respective Provider, or User not under contract with Inchant.com. Inchant.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Inchant.com by anyone other than authorized Inchant.com employees. Under no circumstances shall Inchant.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through Inchant.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Inchant.com.
e. EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Inchant.com to either a foreign national or a foreign destination in violation of such laws.
f. LINKS
Inchant.com is not responsible for the availability of external sites or resources linked to this site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Inchant.com shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
g. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, Inchant.com has a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Inchant.com web page is prohibited absent express written permission from Inchant.com. Framing the Inchant.com web site with links, advertisements and/or other information not originating from the Inchant.com web site is expressly prohibited.
IV. ONLINE CONDUCT
User agrees to use Inchant.com only for lawful purposes. User is prohibited from posting on or transmitting through Inchant.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Inchant.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Inchant.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Inchant.com. Inchant.com may disclose any Content or electronic communication of any kind
- to satisfy any law, regulation, or government request;
- if such disclosure is necessary or appropriate to operate Inchant.com; or
- to protect the rights or property of Inchant.com, its Users or Providers.
Inchant.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Inchant.com, the communities that make up Inchant.com, or any rights of Inchant.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Inchant.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Inchant.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Inchant.com.
V. PRIVACY POLICY
In accordance with the terms of Inchant.com's Privacy Policy Inchant.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
Inchant.com may terminate User's access, or suspend any User's access to all or part of Inchant.com, without notice, for any conduct that Inchant.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Inchant.com.
VII. USAGE BY MINORS
Inchant.com cannot prohibit minors from visiting this site. Inchant.com must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for such children to view.
Inchant.com requires that all purchases be made by an adult.
EACH TIME YOU PURCHASE A PRODUCT AT Inchant.COM, YOU ARE REPRESENTING TO Inchant.COM THAT YOU ARE AN ADULT.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and Inchant.com regarding your relationship with Inchant.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Inchant.com web site. The aforementioned Terms of Use are subject to change.
IX. USE OF INCHANT'S E-CARDS
You are free to use E-cards for any lawful, worthy and ethical purpose, except as limited by these Terms of Service. You may not use the E-cards service to send cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages.
You are solely responsible for the contents of your transmissions of E-cards through Inchant.com. We do not exercise editorial control over your transmissions, but we may cancel your account if you violate these Terms of Service. We ask that you use appropriate language when filling in the name, address and message spaces in our cards. In addition, you agree that you will not transmit through Inchant.com any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.
