The following is a legal agreement between
Visitcolombia ("visitcolombia"
"we," "us," or "our") and "you," the user of this Site.
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 AGREEMENTCONTAINS 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.
Acceptable Use Policy
Visitcolombia has adopted the following
Acceptable Use Policy in order to assure that its eCards are used in a
lawful and appropriate manner. Visitcolombia
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;
- 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; or
- attempting to conceal or misrepresent the identity of the sender.
Violations of the Visitcolombia's
Acceptable Use Policy will not be tolerated and may result in the sender
being blocked from sending additional postcards
on the service. VISITCOLOMBIA RESERVES THE
RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING
ECARDS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES,
RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED
TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS,
TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER
INFORMATION DEEMED NECESSARY BY AG.COM TO ADDRESS PAST VIOLATIONS OF THE
ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE
DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING
THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Spam
You may not use this Site to send online postcards
to mailing lists to which you do not have full rights or to send
unsolicited bulk or commercial messages. In addition, the use of
automated scripting-type programs that automate the process of sending
or viewing any of the Materials is strictly prohibited.
Visitcolombia reserves the right to limit, in
its sole discretion and without prior notice to you, the number of cards
or messages that you may send using the Site and/or the number of
recipients to which you send such cards or messages.
You are solely responsible for your actions and communications
undertaken or transmitted using this Site. Neither we nor our affiliates
exercise editorial control over your transmissions; however, we do
reserve the right to review your uploads and transmissions in order to
ensure compliance with these Terms.
Warranty Restriction; Limitation Of Liability.
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, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND
COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. AG.COM IS NOT
RESPONSIBLE FOR ANY FAILURE OF ECARDS 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.
NEITHER VISITCOLOMBIA 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, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE,
EVEN IF VISITCOLOMBIA 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
VISITCOLOMBIA AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT
EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER VISITCOLOMBIA NOR ITS AFFILIATES TAKES
ANY RESPONSIBILITY OR ASSUMES 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 HOLD
HARMLESS AG.COM AND ITS AFFILIATES AND PARTIES WITH WHOM AG.COM 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.
International Use
Neither Visitcolombia 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 other locations do so on their
own initiative and are responsible for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless
Visitcolombia and its affiliates, and all officers, directors,
owners, agents, content providers, licensors and licensees
(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 this Agreement. You shall cooperate as fully as reasonably required
in defense of any such claim.
Enforcement by Visitcolombia
In the event Visitcolombia determines, in its
sole discretion, that you have violated these Terms,
Visitcolombia shall have the right to immediately or block the
sending or receipt of postcards from our Site,
and/or pursue any other remedies available to it under applicable law.
Updates to Terms
Visitcolombia shall have the right to revise
these Terms at any time by updating this posting. By using this Site,
you agree to be bound by any such revisions and should therefore
periodically visit this Site to determine the then-current Terms to
which you are bound.
Privacy Policy
The terms of our privacy policy can be found by
clicking here.
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