Rubberchickencards.com
TERMS OF SERVICE AGREEMENT
RUBBER CHICKEN CARDS TERMS OF SERVICE AGREEMENT
LAST UPDATED: December 15, 2024**
The following Terms of Service ("Agreement") constitute a legal agreement between Rubber Chicken Cards, a California corporation with offices in Newbury Park, CA ("RCC," "we," "us," or "our") and "you," the user of this website (the "Site"). By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and to comply with all applicable laws and regulations. **PLEASE READ THIS AGREEMENT CAREFULLY.** If you do not agree to these Terms, please refrain from using the Site.
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1. YOUR USE OF THE SITE
RCC grants you a limited, non-exclusive, non-transferable license to access and use the Site’s materials, features, and services (collectively, the "Materials") for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from this license. You agree to retain all copyright and other proprietary notices on any copies of the Materials you make. Unauthorized framing, reproduction, or redistribution of the Materials is strictly prohibited.
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2. INTELLECTUAL PROPERTY
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of RCC or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license above, no rights or ownership are transferred to you.
- Copyright: © 1995-2024 Rubber Chicken Cards. All rights reserved.
- Trademarks: Rubber Chicken Cards and Rubber Chicken.
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3. SUBSCRIPTIONS AND BUSINESS CONTINUITY
RCC offers subscription-based services. By purchasing a subscription, you acknowledge and agree that:
1. RCC reserves the right to modify, suspend, or discontinue the Site or its services at any time without notice.
2. RCC is not liable for any refunds, damages, or losses resulting from the suspension or discontinuation of services, including instances where RCC ceases business operations.
3. If RCC goes out of business, all active subscriptions will terminate without further obligation from RCC.
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4. ACCEPTABLE USE POLICY
You agree to use the Site and its services in a lawful and respectful manner. Prohibited activities include but are not limited to:
- Sending harassing, abusive, or threatening messages.
- Transmitting obscene, pornographic, defamatory, or fraudulent content.
- Sending viruses, malware, or other harmful code.
- Engaging in phishing or attempts to steal personal information.
- Violating any applicable laws or regulations.
RCC reserves the right to investigate and take action against violations, which may include terminating your account, suspending your access, or reporting your actions to law enforcement.
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5. SPAM POLICY
You may not use the Site to send unsolicited bulk messages or engage in spamming activities. Automated scripting tools for sending eCards or viewing Materials are strictly prohibited. RCC reserves the right to limit or suspend your account in response to violations.
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6. LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to third-party websites or advertisements. RCC does not endorse or guarantee the quality or reliability of these third-party services and is not responsible for any transactions or interactions you may have with them. Proceed with caution and discretion.
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7. USER-GENERATED CONTENT
If RCC enables user-uploaded content (e.g., custom eCards), you represent that you own or have the necessary rights to any content you upload. RCC may use your uploaded content for testing, training, or archival purposes. You agree that RCC has the right to remove any content it deems inappropriate or in violation of these Terms.
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8.LIMITATION OF LIABILITY
RCC PROVIDES THE SITE AND ITS SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RCC IS NOT RESPONSIBLE FOR:
1. DELIVERY FAILURE OF ECARDS.
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS.
3. ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE.
IN THE EVENT RCC IS FOUND LIABLE, ITS AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR SERVICES IN THE PRECEDING 12 MONTHS.
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9. INDEMNIFICATION
You agree to indemnify and hold harmless RCC, its affiliates, and its officers, directors, and employees from any claims, damages, or expenses (including attorneys' fees) arising out of your breach of these Terms or misuse of the Site.
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10. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by the laws of the State of California, excluding its conflict of laws principles. Any disputes will be resolved through binding arbitration in Santa Monica, CA, under the rules of the American Arbitration Association.
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11. UPDATES TO THESE TERMS
RCC reserves the right to update these Terms at any time. Changes will be posted on this page, and continued use of the Site constitutes acceptance of the updated Terms. Please review this Agreement periodically.
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12. PRIVACY POLICY
For details on how RCC collects and uses your information, please refer to our Privacy Policy at [https://rubberchickencards.zendesk.com/hc/en-us/articles/202348720-Privacy](https://rubberchickencards.zendesk.com/hc/en-us/articles/202348720-Privacy).
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13. CONTACT INFORMATION
**Rubber Chicken Cards**
Email: support@rubberchickencards.zendesk.com
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14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE
To report copyright infringement, please contact RCC's designated agent at henhouse@rubberchickencards.com. Notifications must include:
1. An electronic or physical signature of the copyright owner.
2. A description of the copyrighted work and the infringing activity.
3. Sufficient information to locate the infringing material on our Site.
4. Your contact information.
5. A statement of good-faith belief regarding the unauthorized use.
6. A statement, under penalty of perjury, affirming the accuracy of your claim.
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