SendAnInvite Terms Of Service
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at SendAnInvite.com ("SendAnInvite") is provided to you ("User") under the terms and conditions of this Terms Of Service ("TOS") document, and any operating rules or policies that may be published by SendAnInvite at the URL: www.SendAnInvite.com (the "Service"). The TOS comprises the entire agreement between User and SendAnInvite and supersedes all prior agreements between the parties regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS, OR USING SENDANINVITE, USER INDICATES THAT USER IS AT LEAST 13 YEARS OF AGE AND THAT USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
- DESCRIPTION OF SERVICE:
SendAnInvite provides User with a variety of online services, including but not limited to the capability to schedule events and create web based invitations and announcements through the Service. User agrees to:
- Provide certain current, complete, and accurate information about User as prompted to do so by the Service
- Maintain and update this information as required to keep it current, complete and accurate. Accounts registering no activity for 12 or more months are automatically removed from the system without notice and without refund of any unused credits or purchased links.
All information requested during User's original sign-up shall be referred to as "Registration Data." If any Registration Data provided by User is inaccurate, SendAnInvite reserves the right to terminate User's account and rights to use the Service.
- NO "SPAMMING":
User will not use the Service for chain letters, junk mail, or "Spamming" or make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the exress consent of the recipient to receive such communications from User ("Spam" or "Spamming") is strictly prohibited by SendAnInvite. If any User uses the Service for Spam, SendAnInvite reserves the right to immediately terminate without refund the User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact SendAnInvite at www.sendaninvite.com/contact.asp.
User agrees not to use the SendAnInvite invitation forwarding feature to circumvent or bypass the normal email mechanism used by SendAnInvite for sending invitations to guests lists. Overuse of the forwarding feature by account owners may result in the user account being suspended or terminated.
- PUBLIC INVITATIONS:
Public Invitations are a way to promote community, charitable or events which are open to the public. Since Public Invitations are visible to all web site visitors, no invitations which can be interpreted as indecent, amoral or pornogrphic will be tolerated. SendAnInvite.com reserves the right to immediately terminate without refund the User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service and specifically public invitations improperly, please contact SendAnInvite at www.sendaninvite.com/contact.asp.
Accounts that use SendAnInvite for commercial and/or business purposes agree to allow SendAnInvite to us company names for promotional purposes. SendAnInvite will honor all requests from account holders who wish to have their companies exluded from SendAnInvite Promotions.
SendAnInvite may give notice to its users by e-mail, a posting on the site, or other reasonable means. A user must give notice to SendAnInvite in writing via e-mail or as otherwise expressly provided by SendAnInvite. SendAnInvite may broadcast, distribute or display notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcast, distributions or displays shall constitute notice to User.
- MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:
SendAnInvite may modify or discontinue the Service with or without notice to User. SendAnInvite shall not be liable to User or any third party should SendAnInvite modify or discontinue the Service. SendAnInvite may change the terms and conditions of the TOS from time to time. Upon any substantive change in the terms and conditions of the TOS, SendAnInvite may notify User via e-mail, and/or by posting an announcement of the changes and a link to the new TOS on the start-up screen upon User's subsequent use of the Service. User will be asked to review the new TOS. User acknowledges and accepts the TOS by continuing to use the Service.
- FREE ACCOUNTS:
SendAnInvite provides free accounts which may or may not provide a subset of features available to Premium account holders. SendAnInvite may make changes to free services with or without prior notice to free account holders. SendAnInvite shall not be liable to User or any third party should SendAnInvite modify or discontinue the Service.
- Conform to the edicts of the law or comply with legal process served on SendAnInvite
- Protect and defend the rights or property of SendAnInvite
- Act under exigent circumstances to protect the personal safety of its users or the public.
- Send and receive messages;
- Conform to connecting networks' technical requirements;
- Conform to the limitations of the Service;
- Conform to other similar requirements.
- USER ACCOUNT, PASSWORD, AND SECURITY:
Once User registers and pays for the Service, User will receive an account. User is responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User may change User's password at any time by following instructions; User may also set up a new account at User's convenience. User agrees to immediately notify SendAnInvite of any unauthorized use of User's account or any other breach of security known to User.
- DISCLAIMER OF WARRANTIES:
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SENDANINVITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SENDANINVITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SENDANINVITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER ACKNOWLEDGES THAT SENDANINVITE DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO SENDANINVITE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, SENDANINVITE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS) THROUGH THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SENDANINVITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SENDANINVITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
- LIMITATION OF LIABILITY:
SENDANINVITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SENDANINVITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH SENDANINVITE OR A THIRD PARTY (INCLUDING BUT NOT LIMITED TO ADVERTISERS) THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA. USER SPECIFICALLY AGREES THAT SENDANINVITE IS NOT RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
- NO RESALE OR COMMERCIAL USE OF THE SERVICE:
User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service without the express consent of SendAnInvite.
- USER CONDUCT:
SendAnInvite reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations.
- User agrees:
- to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service;
- not to use the Service for illegal purposes (including without limitation, gambling or betting);
- not to interfere or disrupt networks connected to the Service; and
- 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.
- to be responsible for any chargeback or credit card processing fees that result from refunds or payment disputes initiated by the user.
- User agrees not to:
- Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service;
- Transmit any material 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;
- Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- Advertise or offer to sell or buy any goods or services for any non-personal purpose;
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of SendAnInvite's users or other user or usage information or any portion thereof other than in the context of User's use of the Service as permitted under the TOS;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- Attempt to circumvent payment by any means including but not limited to creating duplicate or similar invitations to the same event and sending them; or emailing links to invitations and/or announcements via any means outside the normal SendAnInvite email system; or
- Engage in any other conduct which, in SendAnInvite's sole discretion, is considered unauthorized or objectionable.
User is solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by User through the Service, including but not limited to the contents of User's e-mail communications and photos posted by User on SendAnInvite or through the Service. All Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that User, and not SendAnInvite, is entirely responsible for all Content that User uploads, posts, e-mails or otherwise transmits via the Service. SendAnInvite does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will SendAnInvite be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
User agrees to indemnify and hold SendAnInvite, its 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 User's use of the Service, the violation of this TOS by User, or the infringement by User (or other user of the Service using User's computer) of any intellectual property or other right of any person or entity.
User may terminate the Service with or without cause at any time and effective immediately upon written notice to SendAnInvite. User may request deletion of your SendAnInvite account by contacting the SendAnInvite Webmaster by filling out the form on "www.sendaninvite.com/feedback.asp" with the text CLOSE ACCOUNT as well as your email address and account password in the message body of the e-mail. SendAnInvite may terminate the Service or User's use of the Service with or without cause at any time and effective immediately, at SendAnInvite's sole discretion, including but not limited to immediate termination of User's use of the Service should User's conduct fail to conform with these terms, non-payment, and conditions of the TOS, including but not limited to the terms of conduct set forth in Section 11. SendAnInvite shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately:
Upon termination of the Service, User's right to use the Service and Software shall cease immediately. User shall have no right and SendAnInvite will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections 8, 9, and 12 - 19 shall survive termination of the TOS.
- discontinue use of the Service;
- terminate Service registration; and
- notify SendAnInvite of termination.
- REFUND POLICY:
SendAnInvite will grant refunds for closed accounts at a rate of 80% of the total of the remaining unused portion of the account. SendAnInvite retains the right to make appropriate adjustments of the refund amount in cases involving User actions in violation of the SendAnInvite TOS.
- PARTICIPATION IN PROMOTIONS OF ADVERTISERS:
User may enter into correspondence with or participate in promotions of any advertisers who show their products and/or services on SendAnInvite or through the Service ("Advertiser"). 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 Advertiser. SendAnInvite assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
- USER ACKNOWLEDGES:
that content, contained in either sponsor advertisements or distributed via e-mail, of a commercial nature and presented to User by the Service by SendAnInvite or SendAnInvite's Advertisers ("SendAnInvite Content" or "Advertiser Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use the SendAnInvite Content or Advertiser Content as expressly authorized by the SendAnInvite or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from the SendAnInvite Content or Advertiser Content without expressly being authorized to do so by SendAnInvite or Advertiser. User may make a copy of the SendAnInvite Content or Advertiser Content for User's personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact.
- CONTENT PROVIDED BY USER:
- GENERAL PROVISIONS:
The TOS shall be governed by and construed in accordance with the laws of the state of Washington, excluding its conflict of law provisions. User and SendAnInvite agree to submit to the exclusive jurisdiction of the courts of the state of Washington, provided, however, that either party may elect to settle any litigation in any way arising out of or relating to the TOS by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Redmond, Washington, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SendAnInvite's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SendAnInvite in writing. User and SendAnInvite agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
It is the express wish of the parties that the TOS and all related documents have been drawn up in English. C'est la volente expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. SendAnInvite makes no representation that materials on the Service are appropriate or available for use in locations outside of the United States, and access to them from territories where their content is illegal or otherwise regulated is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.