SpiritCards.com Terms of Service / Privacy Policy

By joining SpiritCards.com.com, you are agreeing to abide by the Terms of Service below. We've created these rules and guidelines to protect you and to ensure that SpiritCards.com is safe and fun for everybody. This way, should someone use bad language, make a harassing statement or otherwise make a pain of himself/herself, we are able to do something about it. If you encounter another member who isn't abiding by these rules, please write to us. By agreeing to these terms, you're taking responsibility for your own actions.

SpiritCards.com Terms of Use

1. Acceptance of Terms of Use - SpiritCards.com:

Portions of the SPIRITCARDS.COM website is provided free of charge to you by CyberWeb,Inc. ("SpiritCards.com"), and portions of the SPIRITCARDS.COM website are offered through paid membership, under these Terms of Service. Although portions of SPIRITCARDS.COM may be viewed simply by visiting the Site, in order to access the message boards and/or receive additional services from SpiritCards.com you need to sign on as a guest or register as a member of SPIRITCARDS.COM. If you sign on to SPIRITCARDS.COM as a guest, these Terms of Service will govern your use of SPIRITCARDS.COM, including access to message boards and other features. If you register as a member of SPIRITCARDS.COM community, these Terms of Service will govern your use of SPIRITCARDS.COM, including access to message boards, the e-mail account which may be provided to you in connection with SPIRITCARDS.COM and other features. BY SIGNING ON TO SPIRITCARDS.COM AS A GUEST OR MEMBER, AND/OR COMPLETING THE REGISTRATION PROCESS, AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of SPIRITCARDS.COM and all services provided in connection with SPIRITCARDS.COM. SpiritCards.com shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please DO NOT REGISTER FOR, OR ENTER, SPIRITCARDS.COM. The Terms of Service for your continued use of SPIRITCARDS.COM will be available throughout SPIRITCARDS.COM. Please check these areas before using SPIRITCARDS.COM to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, PLEASE ARRANGE TO TERMINATE YOUR REGISTRATION with SPIRITCARDS.COM IMMEDIATELY (i) by notifying SpiritCards.com of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of SPIRITCARDS.COM. Your continued use of SPIRITCARDS.COM will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time SpiritCards.com may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on SPIRITCARDS.COM to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Registration Information/Privacy Policy

When you register for SPIRITCARDS.COM, you may be required to provide SpiritCards.com with the following information: your name, email address, zip code, gender, age, member name and password. In addition, you may choose to provide SPIRITCARDS.COM with additional information, including: your address, household income, education, marital status and employment status.

Except as provided herein, SpiritCards.com will not sell to any third party your name, address, email address and member name, UNLESS you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. SpiritCards.com allows access to database information by third parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances, the third party is bound by these terms. Your informed consent shall be in the form of an "opt in" or similar policy. You understand and agree that SpiritCards.com may disclose to third parties your zip code, gender and/or age, but only in the form of aggregated information, and again, only with your express consent to SpiritCards.com. In addition, you agree that SpiritCards.com may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of SpiritCards.com or its affiliated entities.

SpiritCards.com reserves the right to offer you third party services and products based on the and based on your subsequent preferences; such offers may be provided to you by SpiritCards.com.

SpiritCards.com reserves the right to terminate your SpiritCards.com activity or account if SpiritCards.com learns that you have provided false or misleading registration information to SpiritCards.com.

3. Termination

SpiritCards.com reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access SPIRITCARDS.COM and/or any other service provided to you by SpiritCards.com.

4. Modifications of these Terms of Service

SpiritCards.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to SPIRITCARDS.COM, you will be deemed to have accepted any such changes.

5. Modifications of SpiritCards.com

SpiritCards.com may modify or discontinue its association with any ownership or affiliate entity it is involved with, with or without notice to you and without liability to you or any third party.

6. Content of Messages

You alone are responsible for the content of your messages, and the consequences of any such messages. SpiritCards.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. SPIRITCARDS.COM is to be used by you for your personal use only. Commercial uses of SPIRITCARDS.COM are strictly prohibited unless prior written consent from SpiritCards.com has been granted. You agree that you will not use SPIRITCARDS.COM for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use SPIRITCARDS.COM to send or post on message boards or any place on SPIRITCARDS.COM, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. SpiritCards.com reserves theright to delete any such material from SPIRITCARDS.COM. SpiritCards.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of SpiritCards.com. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use SPIRITCARDS.COM to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) SpiritCards.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to SPIRITCARDS.COM, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on SPIRITCARDS.COM is not protected by Rights rests with you. You acknowledge that SpiritCards.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials without express written consent from SpiritCards.com.

By submitting content, which shall include your member name, to any "public area" of SPIRITCARDS.COM, including message boards, forums, contests and chat rooms, you grant SpiritCards.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display 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 later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on SPIRITCARDS.COM retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON SPIRITCARDS.COM, YOU HEREBY EXPRESSLY PERMIT SpiritCards.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY SpiritCards.com IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services

You may order services or merchandise through SPIRITCARDS.COM from other persons not affiliated with SpiritCards.com ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. SpiritCards.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider SpiritCards.com nor will SpiritCards.com be construed as a party to such transactions, whether or not SpiritCards.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

SpiritCards.com may include special routing icons which may be located within the SPIRITCARDS.COM website, the activation of which will allow you to access and learn more about SpiritCards.com and other services provided by SpiritCards.com or its affiliates, whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password

You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify SpiritCards.com of any unauthorized use of your registration or password.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF SPIRITCARDS.COM IS AT YOUR SOLE RISK. SPIRITCARDS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SpiritCards.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

SpiritCards.com MAKES NO WARRANTY THAT SPIRITCARDS.COM WILL MEET YOUR REQUIREMENTS, OR THAT SPIRITCARDS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SpiritCards.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SPIRITCARDS.COM. SpiritCards.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF SPIRITCARDS.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SPIRITCARDS.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT SpiritCards.com DOES NOT GUARANTEE THE OR PROVIDED IN CONNECTION WITH SPIRITCARDS.COM. SpiritCards.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SpiritCards.com NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SPIRITCARDS.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SPIRITCARDS.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

SpiritCards.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN SPIRITCARDS.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SpiritCards.com OR THROUGH SPIRITCARDS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SpiritCards.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH SPIRITCARDS.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH SPIRITCARDS.COM.

SpiritCards.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SpiritCards.com'S SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against SpiritCards.com with respect to such sites.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, SpiritCards.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. SpiritCards.com specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on SPIRITCARDS.COM, you are promising that the content of your advertisement is true and that you will indemnify SpiritCards.com against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on SPIRITCARDS.COM, you waive any claims against SpiritCards.com for damages arising from such advertisement or your reliance upon statements in such advertisement.

10. Limitation of Liability

SpiritCards.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE SPIRITCARDS.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SPIRITCARDS.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SpiritCards.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Promotional Messages

messages to you containing advertisements, promotions, etc. SpiritCards.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither SpiritCards.com nor such third party shall have any liability with respect thereto.

12. Indemnification

You agree to indemnify and hold each of SpiritCards.com, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of SPIRITCARDS.COM, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

13. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.

14. Remedies for Breach of these Terms by You

In the event that SpiritCards.com determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of SPIRITCARDS.COM, SpiritCards.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to SPIRITCARDS.COM, (iii) delete all content provided by you to SPIRITCARDS.COM, (iv) discontinue your registration with SPIRITCARDS.COM and/or any other SpiritCards.com community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which SpiritCards.com deems to be appropriate.

15. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

SpiritCards.com may assign its rights and obligations under these Terms of Service and upon such assignment SpiritCards.com may be relieved of any further obligation hereunder.

You represent to SpiritCards.com that you have the authority to register with SPIRITCARDS.COM according to these Terms of Service.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on SPIRITCARDS.COM by SpiritCards.com) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of SpiritCards.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

SpiritCards.com reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.

SpiritCards.com
A Division of CyberWeb, Inc.
9800-D Topanga Canyon Blvd. PMB 120
Chatsworth, CA 91311