www.bluemountain.com
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23.45.108.72
Public Scan
Submitted URL: https://click.email.bluemountain.com/?qs=b017f6b956631044354b559c4250fb40c6f984520a647ce89a1c7c1c4d049850fe7368e02177bae634dd7ccf7ab3...
Effective URL: https://www.bluemountain.com/legal?source=bma7001&c=embm63901&utm_medium=email_marketing&utm_source=et&utm_campaign=orderpath...
Submission: On December 20 via api from ES — Scanned from ES
Effective URL: https://www.bluemountain.com/legal?source=bma7001&c=embm63901&utm_medium=email_marketing&utm_source=et&utm_campaign=orderpath...
Submission: On December 20 via api from ES — Scanned from ES
Form analysis 4 forms found in the DOM
POST
<form method="POST" id="lightbox-form-inputs" role="form">
<input type="hidden" name="referer" id="referer">
<input type="hidden" id="r_token" name="r_token" value="">
<ul id="form-signin">
<li id="fli-email"><label for="email">Email Address</label>
<input id="email" class="input" type="email" name="email" aria-required="true">
<p id="email_error" class="lightbox-errors" style="display:none;" role="alert" aria-labelledby="email_error"></p>
</li>
<li id="fli-password">
<label for="password">Password</label>
<div class="password-container">
<input id="password" class="input" type="password" name="password" aria-required="true">
<button type="button" aria-expanded="false" class="toggle-password">Show<span class="sr-only">password</span></button>
<p id="password_error" class="lightbox-errors" style="display:none;" role="alert" aria-labelledby="password_error"></p>
</div>
</li>
<li id="fli-forgot">
<div id="login-forgot">
<a href="https://www.bluemountain.com/members/forgot" id="submit-forgot">Forgot your
password?</a>
</div>
</li>
<li id="fli-rememberme">
<div id="lightbox-signin-rememberme">
<input id="autologin" class="autologin-checkbox" type="checkbox" name="autologin">
<label for="autologin">Remember me when I return</label>
</div>
</li>
</ul>
<div id="login-options">
<input type="button" id="lightbox-submit-login" value="Sign in" name="btnlogin" onclick="signinSubmit()">
</div>
<div id="g_id_onload" data-client_id="273147087317-5a1uqhlm96hi2gd3djehr0qksteee6bg.apps.googleusercontent.com" data-callback="handleGoogleDefaultSignin" data-auto_prompt="false">
</div>
<p class="u-text-center required-text selected-link u-mt-large u-mb-large"> OR </p>
<div class="tps-buttons">
<!-- Sign in with Google Button -->
<div class="u-d-flex u-jc-center ">
<!-- Sign in with Google Button -->
<div class="g_id_signin" data-type="standard" data-size="large" data-theme="outline" data-text="sign_in_with" data-shape="rectangular" data-width="350" data-logo_alignment="left" data-locale="en-US">
<div class="S9gUrf-YoZ4jf" style="position: relative;">
<div>
<div tabindex="0" role="button" aria-labelledby="button-label" class="nsm7Bb-HzV7m-LgbsSe hJDwNd-SxQuSe i5vt6e-Ia7Qfc uaxL4e-RbRzK" style="width:350px; max-width:400px; min-width:min-content;">
<div class="nsm7Bb-HzV7m-LgbsSe-MJoBVe"></div>
<div class="nsm7Bb-HzV7m-LgbsSe-bN97Pc-sM5MNb ">
<div class="nsm7Bb-HzV7m-LgbsSe-Bz112c"><svg version="1.1" xmlns="http://www.w3.org/2000/svg" viewBox="0 0 48 48" class="LgbsSe-Bz112c">
<g>
<path fill="#EA4335" d="M24 9.5c3.54 0 6.71 1.22 9.21 3.6l6.85-6.85C35.9 2.38 30.47 0 24 0 14.62 0 6.51 5.38 2.56 13.22l7.98 6.19C12.43 13.72 17.74 9.5 24 9.5z"></path>
<path fill="#4285F4" d="M46.98 24.55c0-1.57-.15-3.09-.38-4.55H24v9.02h12.94c-.58 2.96-2.26 5.48-4.78 7.18l7.73 6c4.51-4.18 7.09-10.36 7.09-17.65z"></path>
<path fill="#FBBC05" d="M10.53 28.59c-.48-1.45-.76-2.99-.76-4.59s.27-3.14.76-4.59l-7.98-6.19C.92 16.46 0 20.12 0 24c0 3.88.92 7.54 2.56 10.78l7.97-6.19z"></path>
<path fill="#34A853" d="M24 48c6.48 0 11.93-2.13 15.89-5.81l-7.73-6c-2.15 1.45-4.92 2.3-8.16 2.3-6.26 0-11.57-4.22-13.47-9.91l-7.98 6.19C6.51 42.62 14.62 48 24 48z"></path>
<path fill="none" d="M0 0h48v48H0z"></path>
</g>
</svg></div><span class="nsm7Bb-HzV7m-LgbsSe-BPrWId">Iniciar sesión con Google</span><span class="L6cTce" id="button-label">Iniciar sesión con Google</span>
</div>
</div>
</div><iframe
src="https://accounts.google.com/gsi/button?type=standard&size=large&theme=outline&text=sign_in_with&shape=rectangular&width=350&logo_alignment=left&client_id=273147087317-5a1uqhlm96hi2gd3djehr0qksteee6bg.apps.googleusercontent.com&iframe_id=gsi_565287_860099&as=R%2BvLxDEBPrssBxQS9GlwjA&hl=en-US"
id="gsi_565287_860099" title="Botón Iniciar sesión con Google" style="display: block; position: relative; top: 0px; left: 0px; height: 0px; width: 0px; border: 0px;"></iframe>
</div>
</div>
</div>
<!-- Sign in with Facebook Button -->
<div class="button-container">
<button id="custom-facebook-button" type="button">
<svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 1345 1360">
<path
d="M1365.333 682.667C1365.333 305.64 1059.693 0 682.667 0 305.64 0 0 305.64 0 682.667c0 340.738 249.641 623.16 576 674.373V880H402.667V682.667H576v-150.4c0-171.094 101.917-265.6 257.853-265.6 74.69 0 152.814 13.333 152.814 13.333v168h-86.083c-84.804 0-111.25 52.623-111.25 106.61v128.057h189.333L948.4 880H789.333v477.04c326.359-51.213 576-333.635 576-674.373"
fill="#1877f2"></path>
<path
d="M948.4 880l30.267-197.333H789.333V554.609C789.333 500.623 815.78 448 900.584 448h86.083V280s-78.124-13.333-152.814-13.333c-155.936 0-257.853 94.506-257.853 265.6v150.4H402.667V880H576v477.04a687.805 687.805 0 00106.667 8.293c36.288 0 71.91-2.84 106.666-8.293V880H948.4"
fill="#fff"></path>
</svg>
<span>Sign in with Facebook</span>
</button>
</div>
<!-- Sign in with Apple Button -->
<div class="button-container">
<button id="custom-apple-button" type="button">
<svg viewBox="0 0 256 315" version="1.1" xmlns="http://www.w3.org/2000/svg" xmlns:xlink="http://www.w3.org/1999/xlink" preserveAspectRatio="xMidYMid">
<g>
<path
d="M213.803394,167.030943 C214.2452,214.609646 255.542482,230.442639 256,230.644727 C255.650812,231.761357 249.401383,253.208293 234.24263,275.361446 C221.138555,294.513969 207.538253,313.596333 186.113759,313.991545 C165.062051,314.379442 158.292752,301.507828 134.22469,301.507828 C110.163898,301.507828 102.642899,313.596301 82.7151126,314.379442 C62.0350407,315.16201 46.2873831,293.668525 33.0744079,274.586162 C6.07529317,235.552544 -14.5576169,164.286328 13.147166,116.18047 C26.9103111,92.2909053 51.5060917,77.1630356 78.2026125,76.7751096 C98.5099145,76.3877456 117.677594,90.4371851 130.091705,90.4371851 C142.497945,90.4371851 165.790755,73.5415029 190.277627,76.0228474 C200.528668,76.4495055 229.303509,80.1636878 247.780625,107.209389 C246.291825,108.132333 213.44635,127.253405 213.803394,167.030988 M174.239142,50.1987033 C185.218331,36.9088319 192.607958,18.4081019 190.591988,0 C174.766312,0.636050225 155.629514,10.5457909 144.278109,23.8283506 C134.10507,35.5906758 125.195775,54.4170275 127.599657,72.4607932 C145.239231,73.8255433 163.259413,63.4970262 174.239142,50.1987249"
fill="#000"></path>
</g>
</svg>
<span>Sign in with Apple</span>
</button>
</div>
</div>
<div class="non-member-link u-text-center u-mb-large u-mt-large"> Not a Member? <a href="https://www.bluemountain.com/members/join" class="button secondary-button">Join</a>
</div>
<div id="lightbox-learnmore">
<a href="https://www.bluemountain.com/member-benefits">Learn more about member benefits</a>
</div>
<input type="hidden" id="csrfmiddlewaretoken" name="csrfmiddlewaretoken" value="HEbqXVGYEn9F8FGNxLSaz5VtEKhz311F"><input type="hidden" name="parent" id="parent" value=""><input type="hidden" name="force" id="force" value="0">
</form>Name: Search —
<form role="search" autocomplete="off" name="Search" id="agi-headersearch">
<fieldset>
<legend><span class="sr-only">Search form </span></legend>
<ol>
<li id="fli-search-desktop">
<label for="search">Type your search text here</label>
<input id="search" class="input" onfocus="if( this.value==this.defaultValue ) this.value='';" onblur=" if (this.value == '') this.value = this.defaultValue;" name="strSearch" maxlength="50" placeholder="Search Ecards" type="search">
</li>
<li id="fli-btnsearch">
<button class="button" name="btnsearch" alt="GO search eCards" value="" type="submit"><span class="sr-only">Search</span></button>
</li>
</ol>
</fieldset>
</form>Name: Search — GET
<form name="Search" autocomplete="off" method="get" id="agi-headersearch-mobile">
<ol>
<li id="fli-search">
<input id="search-mobile" class="input" value="" name="strSearch" maxlength="250" placeholder="Search Ecards" type="search">
<div id="mobileSearchTrigger"></div>
</li>
</ol>
</form>POST
<form id="newsletter-form" action="" method="post" role="form" aria-label="subscribe to newsletter">
<label for="newsletter_first_name" id="label-newsletter_first_name">First Name</label>
<input name="newsletter_first_name" id="newsletter_first_name" type="text" data-cs-mask="">
<label for="newsletter_last_name" id="label-newsletter_last_name">Last Name</label>
<input name="newsletter_last_name" id="newsletter_last_name" type="text" data-cs-mask="">
<label for="newsletter_email" id="label-newsletter_email">Email</label>
<input name="newsletter_email" id="newsletter_email" type="email" aria-required="true" data-cs-mask="">
<span id="email-error" class="error" role="alert">Please enter a valid email address.</span>
<input type="hidden" id="pqsn200563" name="pqsn200563" value="on" data-cs-mask="">
<input type="hidden" id="origpqsn" name="origpqsn" value="200563" data-cs-mask="">
<input type="hidden" id="origpq" name="origpq" value="" data-cs-mask="">
<div style="width: 260px;font-size: .938rem;text-align: center;margin: 0 auto;">By clicking "submit", you agree to receive emails from BlueMountain.com and accept our
<a href="/policy-overview">terms of service, privacy and cookies policies</a>.<br></div>
<input type="submit" id="btn-newsletter-submit" class="button" value="submit">
</form>Text Content
Merry Christmas! and to all an ecard! From funny to heartfelt, there's an ecard
for everyone. Start sending Christmas ecards today.
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SITE SECTIONS
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* * Christmas
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* Love
* Sympathy
* Thank You
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* * Christmas
* Anniversary
* Birthday
* Congratulations
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* Graduation
* Just Because
* Thank You
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* Selfie SmashUps™
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top occassions.
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become a member today.
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TERMS OF SERVICE AND USER AGREEMENT
Last Updated: March 7th, 2023
Thank you for using Blue Mountain! These Terms of Service and User Agreement
cover your use and access to bluemountain.com, please read carefully.
The following is the Terms of Service and User Agreement ("Agreement") between
American Greetings Corporation on behalf of itself and its affiliates ("AG,"
"we," "us," or "our") and "you", the user. This Agreement applies to the
American Greetings' websites (including, without limitation,
americangreetings.com and bluemountain.com) and related mobile applications,
including without limitation, Just Wink and SmashUps App (any, an "App") that
post this Agreement, and any available interactive features, downloads,
applications/apps, widgets or other outlets that post or include a link to this
Agreement (collectively, the "AG Platforms"). This Agreement applies to your use
of the digital content available through AG Platforms, regardless of whether
accessed via computer, mobile device or otherwise. To use the digital content
available through the AG Platforms, you will need a device that meets the system
and compatibility requirements for the relevant products and services, which may
change from time to time, and such system requirements are your responsibility.
By accessing, browsing, and/or using the AG Platforms (including purchasing any
products and services), you acknowledge that you have read, understand, and
agree to be bound by the terms of this Agreement, as well as our Privacy Policy
and further agree to comply with all applicable laws and regulations. There may
be times when we offer a service or feature that has its own written terms and
conditions that apply in addition to this Agreement ("Additional Terms"). In
those cases, the Additional Terms will control to the extent there is a conflict
with this Agreement, unless the Additional Terms state otherwise. If you access
one of our Apps on or through a third party platform, such as Apple's App Store,
Google Play and other third party platforms (any, an "App Platform"), you and AG
acknowledge that (a) you enter into this Agreement with AG only, and not with
the App Platform, (b) the App Platform is not a party to this Agreement, and (c)
AG, not the App Platform, is responsible for the App.
ARBITRATION NOTICE: Except for certain types of disputes described in the
"Governing Law; Disputes; Arbitration" section below, you agree that all
disputes between you and AG with regard to this Agreement and your use of the
Platforms will be resolved by binding, individual ARBITRATION, and you waive
your right to participate in a class action lawsuit or class-wide arbitration.
THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS
THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS
ENTIRETY. If you do not agree to the terms of this Agreement, please do not use
any of the AG Platforms.
TABLE OF CONTENTS
* Eligibility
* Ownership of Materials/Licenses
* Social Distribution
* Using Your Own Content
* Mobile Features
* Acceptable Use Policy
* Copyright Information
* Digital Millennium Copyright Act Notices
* Trademarks and Other Intellectual Property
* Spam and Other Technical Restrictions
* Social Features
* Third-Party Links, Advertisements and Products
* Sweepstakes, Contests and Promotions
* Purchase of Products and Services
* Billing of Subscriptions
* Cancellation Process; No Refunds
* Auto-renewal Program
* Gift Cards
* Personal Account
* Payment of Fees and Charges; Taxes
* Methods of Payment
* Photos
* Widgets
* Disclaimer of Warranties
* Limitation of Liability/Waiver
* Indemnification
* International Use
* Termination and Enforcement By AG
* Governing Law and Dispute Resolution
* Updates to This Agreement and Electronic Notifications
* Privacy Policy
* Assignment
* Third-Party Beneficiary
* No Waiver
* Contact Information
* Entire Agreement
ELIGIBILITY
By using the AG Platforms, you warrant and represent that (a) you are 18 years
of age or older or the age of majority in the jurisdiction where you reside; or
(b) that your parent or legal guardian has reviewed this Agreement and agrees to
its terms. If you (or your parent or legal guardian) do not agree to the terms
of this Agreement, you must immediately discontinue use of the AG Platforms and
uninstall any apps that you have installed from the App Platform. You further
warrant and represent that all information you provide to us when you use the AG
Platforms is and will remain complete and accurate.
Back to top
OWNERSHIP OF MATERIALS; LICENSES
The AG Platforms include all materials that are included in or are otherwise a
part of the AG Platforms (including past, present and future versions of the AG
Platforms), including, without limitation: graphics; layout; text; instructions;
images; trademarks; logos; service marks; audio; videos; designs; ringtones;
wallpapers; games; contests and sweepstakes; voting; technology; applications;
artwork; information; data; designs; compilation; advertising copy; domain
names; any and all copyrightable material (including source and object code);
the "look and feel" of the AG Platforms; the compilation, assembly and
arrangement of the materials of the AG Platforms; and all other materials
related to the AG Platforms (collectively, "Materials"). Subject to your strict
compliance with this Agreement and any Additional Terms, AG hereby grants to you
a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and
nontransferable license to access and view the Materials (excluding source and
object code, other than as made available to access and use via standard web
browsers to enable display on your device); and, if you use one of our Apps on
an App Platform, to use the App as permitted by the Usage Rules set forth in the
App Platform's Terms of Service. No other use of the AG Platforms or Materials
is authorized.
The products, technology, or processes described or used on the AG Platforms may
be the subject of intellectual property rights owned or licensed by AG or other
third-parties. Except for the limited license granted above, nothing contained
in this Agreement or anywhere else on the AG Platforms confers to you in any
manner, whether by implication, estoppel or otherwise, any license, title, or
ownership of or to any intellectual property right of AG or any third-party. AG
reserves all rights not expressly granted by this Agreement. When you use the AG
Platforms, you must: (a) keep intact all copyright, trademark and other
proprietary notices; (b) make no modifications to the AG Platforms or Materials;
and (c) not copy or adapt any object code associated with the AG Platforms,
reverse engineer, modify or attempt to discover any source code associated with
the AG Platforms (nor allow or assist any third-party to do so).
You agree that you will not sell, resell, copy, transfer, reverse engineer,
disassemble, decompile, create derivative works of, or allow third-party access
to the AG Platforms, that you will not use, post, transmit, or introduce any
device, software, or routine which interferes or attempts to interfere with the
operation of the AG Platforms, and that you will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure
of the AG Platforms. You will use the AG Platforms solely for your own personal
use and will not make the AG Platforms available to any third-party for any
reason. You further agree that you will not, including by use of any robot,
scraper, or other data mining technology or process, frame, mask, extract data
or other materials from, copy or distribute any portion of the AG Platforms
(except as may be a result of standard search engine or Internet browser usage).
Back to top
SOCIAL DISTRIBUTION
AG grants you the limited, revocable permission, subject to the restrictions in
this Agreement, to engage in the following personal uses of Materials that
include the ability to share Materials with others ("Social Distribution"): (a)
sending Materials to friends or acquaintances or posting and displaying a copy
of Materials on a personal, non-commercial website, provided that you do not
charge for access to the Materials or associate those Materials with
advertising; or (b) posting and displaying a copy of the Materials on a
third-party website that permits users to post content, so long as the posting
is allowed pursuant to the third-party website's terms and conditions and
policies, and provided that the third-party website does not charge for access
to those materials or associate those materials with products, services or
advertising. If you engage in Social Distribution, you agree that you will not
post any performance claims about an AG product or service through your Social
Distribution and that only AG may make claims, promises or statements on behalf
of AG about its products and services. You also agree that you will not imply
that you and AG or any AG brand are affiliated in any way or that AG approves of
your Social Distribution. Except as otherwise permitted by this Agreement, you
may not make any use of or license, distribute, reproduce, or otherwise exploit
any part of the Materials. AG may, and reserves the right to, revoke AG's
permission for Social Distribution at any time and for any reason, and you agree
to immediately cease Social Distribution upon notice of revocation and to comply
with any terms we post in connection with the Social Distribution of Materials.
Back to top
USING YOUR OWN CONTENT
AG may allow you to upload your own photos, videos, artwork, text and other
materials ("User Content") to the AG Platforms. If we do and you do so, you are
subject to the conditions outlined in this Agreement. When you upload User
Content to the AG Platforms, you are representing and warranting that you own
the User Content or have full rights to its use in accordance with this
Agreement. You are also representing and warranting that the User Content you
upload does not violate the Acceptable Use Policy as discussed below. As a user
of the AG Platforms, you also represent and warrant in relation to the User
Content that:
You have obtained the consent of any and all individuals mentioned or pictured
in the User Content; Uploading the User Content onto the AG Platforms will not
infringe the privacy of any individual or violate any applicable law; and
Uploading the User Content onto the AG Platforms and any subsequent publication
of such User Content does not infringe the intellectual property rights of any
third-party.
You remain the owner of any User Content you submit on the AG Platforms, subject
to the license you grant to AG through this Agreement. You grant AG an
unrestricted, worldwide, irrevocable, perpetual, assignable, transferable,
sub-licensable (through multiple tiers), and royalty-free license (but not
obligation) to host, use, copy, distribute, display, prepare derivative works
of, perform, modify, translate, store or otherwise exploit all or any portion
thereof for the creation, publication, use, and transmission of your User
Content, on or through any media, technology or device now known or hereafter
developed. You agree that we may also use your User Content in the course of
performing testing, training and/or archiving of our and our affiliates'
systems. You authorize AG to publish your User Content in a searchable format
that may be accessed by users of the AG Platforms and the Internet. Except as
prohibited by law, you waive any moral rights you may have in any User Content
you submit. You agree that AG has no obligation to monitor or enforce your
intellectual property rights to your User Content, but that AG has the right to
protect and enforce its and its licensees' rights to your User Content. You
further acknowledge and agree that AG will not have any obligation to you with
regard to User Content, including but not limited to any errors contained within
User Content, and that AG may or may not monitor, display or accept your User
Content and may delete it at any time. Except as otherwise expressly described
in our Privacy Policy or any applicable Additional Terms, your User Content will
be treated as non-confidential and non-proprietary. AG will not be liable for
any use or disclosure of your User Content to anyone, including but not limited
to claimed intellectual property owners.
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MOBILE FEATURES
The AG Platforms may offer features and services that are available to you via
your mobile phone or other mobile device. These features and services may
include, without limitation, the ability to upload User Content to the AG
Platforms, receive messages (e.g., SMS and MMS messages, in-App messages, and
on-device notifications) from the AG Platforms, download applications to your
mobile phone or device, or access AG Platforms features (collectively, the
"Mobile Features"). We may charge you for Mobile Features. Also, standard
messaging, data and other fees may be charged by your carrier. Fees and charges
will appear on your mobile bill or be deducted from your pre-paid balance. Your
carrier may prohibit or restrict certain Mobile Features and certain Mobile
Features may be incompatible with your carrier or mobile device. Contact your
carrier with questions regarding these issues. If you have registered for Mobile
Features, you agree that we may send communications to your mobile device
regarding AG, or other parties, and collect information related to your use of
the Mobile Features. You agree to notify us of any changes to your mobile number
and update your account(s) on the AG Platforms to reflect any such changes. If
you receive SMS or MMS messages from AG or one of the Platforms, you may opt-out
of such messages by texting "STOP" to the applicable short code for the mobile
feature. You may also text "HELP" or contact us for support.
In addition to the other restrictions and limitations contained in this
Agreement, AG is not responsible for failures in the performance of Mobile
Features, including but not limited to, the delivery of electronic messages or
cards via the Mobile Features as a result of any technical issues. For example,
AG is not responsible if your electronic message or card is not delivered
because:
* the recipient declines delivery;
* the recipient uses an unsupported carrier;
* the recipient's mobile device or computer cannot display video messages;
* the recipient's plan does not provide for video messaging;
* the recipient's carrier is unable to deliver messages to the recipient;
* the recipient's network connection is interrupted during message delivery; or
* either your or the recipient's carrier does not support video messaging.
There may be other reasons for a delivery failure as well. AG does not provide
refunds, including for electronic messages or cards that are not delivered due
to technical issues for which AG is not responsible.
If you sign up to receive promotional or marketing text messages (including SMS
and MMS messages) from us, you acknowledge and agree that we may send such
messages using an autodialer to the number you provide. You acknowledge and
agree that you are not required to receive our text messages, and that you are
not required to agree to receive text messages as a condition of purchasing any
property, goods, or services.
If AG provides functionality for you to send an eCard via text message
(including through the use of SMS and MMS technologies) and you send such a text
message, you represent and warrant that you have the consent of the recipient to
send that text message. You further acknowledge and agree that, as between you
and AG, you are the sender of such an eCard and AG acts merely as a delivery
agent.
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ACCEPTABLE USE POLICY
AG has adopted the following Acceptable Use Policy in order to ensure that the
AG Platforms are used in a lawful and appropriate manner. While AG does not
ordinarily monitor your use of the AG Platforms, it reserves the right to
investigate reports of misuse of the AG Platforms and its services, to protect
AG's property and assets, and to otherwise exercise AG's traditional editorial
functions. You are prohibited from transmitting the following to, on, or through
the AG Platforms:
* Material or User Content that you do not have the legal right to use, or that
otherwise violates another person's intellectual property rights;
* Harassing, abusive, or threatening messages or User Content;
* Obscene or pornographic messages, images, or User Content;
* Defamatory or libelous messages or User Content;
* Viruses or other harmful, disruptive, or destructive files; or
* Illegal or fraudulent messages or User Content, or that which promotes
illegal or fraudulent conduct.
You also may not use the AG Platforms to:
* Steal passwords or credit card information, nor attempt to do so;
* Conceal or misrepresent the identity of the sender or uploader, nor attempt
to do so;
* Advertise or promote a product or service except those provided on the AG
Platforms (e.g., pyramid schemes and multi-level marketing schemes are
prohibited);
* Misrepresent yourself or impersonate any other person, user, or company;
* Publicly share or disseminate any other person's personal information
(including, without limitation, address, phone number, email address, credit
card number, or any other information that may be used to track, contact, or
impersonate that individual); or
* Damage the AG Platforms or anyone's computer.
In addition, if you use one of our Apps on an App Platform, you acknowledge and
agree that your use of the App is also subject to the App Platform's Usage
Rules, and that you must also comply with any and all applicable third-party
terms of agreement when using the App.
You are solely responsible for your actions and communications undertaken or
transmitted using the Platforms and your account with AG.
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COPYRIGHT INFORMATION
All of the Materials available on the AG Platforms are subject to copyright or
are used by us under license from the copyright holder. AG currently utilizes
copyrighted materials from various individuals and entities. Copyright notices
for such material are set forth wherever such licensed material appears on the
AG Platforms.
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DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
You may not use the Platforms for any purpose or in any manner that infringes
the rights of any third party. AG encourages you to report any content on the
Platforms that you believe infringes your rights. Only the intellectual property
rights owner or person authorized to act on behalf of the owner can report
potentially infringing content. If you have a good faith belief that content on
the Platforms infringes your copyright, trademark, or other intellectual
property rights, please follow the procedures set forth below.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to AG's Designated Agent
(identified below). THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL
ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS),
WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted via our online form at:
https://www.bluemountain.com/help/dmca or to the Designated Agent:
c/o Legal Department(DMCA Notices)
AG Interactive, Inc.
One American Boulevard
Cleveland, Ohio 44145
Telephone: 1-216-252-7300
legal@americangreetings.com
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A),
any copyright infringement notification must include all of the following:
* An electronic or physical signature of the owner or of the person authorized
to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed, and
a description of the infringing activity including of where the material
which you claim is infringing is located on the AG Platforms sufficient to
allow us to locate the material;
* Identification of the location where the original or an authorized copy of
the copyrighted work exists, for example the URL of the website where it is
posted or the name of the book in which it has been published, your address,
telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
* A statement by you made and signed under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
It is often difficult to determine if your intellectual property rights have
been violated or if the DMCA requirements have been met. We may request
additional information before we remove any infringing material. If a dispute
develops as to the correct owner of the rights in question, we reserve the right
to remove your content along with that of the alleged infringer pending
resolution of the matter.
We may, in appropriate circumstances and at our discretion, disable or terminate
the accounts of users who may be repeat infringers.
Counter-Notice: If you believe that User Content that was removed (or to which
access was disabled) is not infringing, or that you have the authorization from
the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the material in your User Content, you may send a counter-notice
containing the following information to the Designated Agent:
* Your physical or electronic signature;
* Identification of the User Content that has been removed or to which access
has been disabled and the location at which the User Content appeared before
it was removed or disabled;
* A statement that you have a good faith belief that the User Content was
removed or disabled as a result of mistake or a misidentification of the User
Content; and
* Your name, address, telephone number, and e-mail address, a statement that
you consent to the jurisdiction of the federal courts located in Ohio, and a
statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, AG may send a copy of
the counter-notice to the original complaining party informing that person that
AG may restore the removed User Content or cease disabling it in 10 business
days. Unless the copyright owner files an action seeking a court order against
the User Content provider, the removed User Content may be restored in 10 to 14
business days or more after receipt of the counter-notice, at AG's sole
discretion.
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TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
Use of any AG trademarks as meta-tags for search engines, as keywords to trigger
sponsored advertising, or in any other manner not expressly authorized by AG, is
strictly prohibited. If you believe that any content on a AG Platform violates
your exclusive rights other than copyrights, please provide AG at least the
following information: (a) your physical or electronic signature; (b)
identification of the material that you claim is infringing your exclusive
rights and information reasonably sufficient to permit us to locate the
material; (c) an explanation of the exclusive rights that you own/have and why
the you believe the content infringes those rights that is sufficient for us to
evaluate your complaint; and (d) your accurate contact information. Please
submit your complaint to legal@americangreetings.com. In the event of any
third-party claim that one of our Apps available on an App Platform or your
possession of an App available on an App Platform infringes on a third-party's
intellectual property rights, as between AG and the App Platform, AG will be
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
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SPAM AND OTHER TECHNICAL RESTRICTIONS
You may not use the AG Platforms to send electronic messages, cards, or other
content to mailing lists or to any person 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. AG reserves the right to
limit, in its sole discretion and without prior notice to you, the number of
electronic messages or cards or the amount of other content that you may send
using the AG Platforms or the number of recipients to whom you send such cards,
messages, or other content. You are solely responsible for your actions and
communications undertaken or transmitted using the AG Platforms and your account
with AG. Neither we nor our affiliates exercise editorial control over your
transmissions; however, we do reserve the right to review your uploaded User
Content and transmissions in order to ensure compliance with this Agreement.
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SOCIAL FEATURES
You may choose, at your sole and absolute discretion and risk, to use
applications or other functionality that enable interactions between the AG
Platforms and a third-party website or online service (each, an "Application"),
such as linking your profile on any of the AG Platforms with a third-party
website or enabling you to "like" a product or "share" content on other
websites. Such Applications may interact with, connect to or gather and/or pull
information from and to your profile on the AG Platforms. By using such
Applications, you acknowledge and agree to the following: (i) if you use an
Application to share information relating to your AG Platform accounts, you are
consenting to the information about your account being disclosed; (ii) your use
of an Application may cause personally identifying information to be publicly
disclosed and/or associated with you, even if AG has not provided such
information; and (iii) your use of an Application is at your own option and
risk, and you will hold AG harmless for the disclosure of information relating
to your AG Platform accounts that results from your use of an Application. You
must read all log-in boxes and other pop-up boxes closely for notices about
disclosing your account information with, through or by any other means
identified on an Application.
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THIRD-PARTY LINKS, ADVERTISEMENTS AND PRODUCTS
AG may feature on the AG Platforms, in its newsletters, or in other
communications to you, links to third-party websites, social media platforms, or
other services. These may appear in the form of text links, advertisements,
banners, buttons, integrated gift services, digital cash, digital gift
certificates, or otherwise. Accordingly, you expressly acknowledge and agree
that we are in no way affiliated with such third party sites or otherwise
responsible or liable for your use of any such third-party sites or online
features. Your use of such services is subject to the terms and conditions
established by such third-parties. THE INFORMATION, CONTENT, AND PRODUCTS
(INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY THIRD-PARTY LINKS
(COLLECTIVELY, "THIRD-PARTY PRODUCTS") ARE OFFERED BY INDEPENDENT ENTITIES,
WHICH ARE NOT AFFILIATED IN ANY WAY WITH AG. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT AG IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF THIRD
PARTY SITES OR YOUR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND
BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE AG PLATFORMS, INCLUDING,
WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, INCLUDING
(IF APPLICABLE) IN-APP PURCHASES, GIFT CARDS AND ANY TERMS, CONDITIONS,
WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY
BETWEEN YOU AND THE THIRD-PARTY AND AG IS NOT IN ANY WAY RESPONSIBLE FOR YOUR
USE. AG WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A
RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY. There may be circumstances where
access to the AG Platforms is provided by a link located at another website.
Neither AG nor its affiliates makes any representations or give any warranties
with respect to any information contained in or at these other sites and neither
AG nor its affiliates shall be liable for any damages or injury arising from the
content of these other sites. Neither AG nor its affiliates endorses the
individuals, companies, or other similar entities, or any products, services or
materials associated with such individuals, companies, or other similar
entities, that provide a link to the AG Platforms.
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SWEEPSTAKES, CONTESTS & PROMOTIONS
The AG Platforms may contain or offer sweepstakes, contests, or other
promotions, which may be governed by a separate set of official rules and have
eligibility requirements, such as certain age or geographic area restrictions.
It is your responsibility to read the applicable rules to determine whether your
participation, registration or entry will be valid or restricted and to
determine the sponsor's requirements of you in connection with the applicable
sweepstakes, contest, or promotion.
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PURCHASE OF PRODUCTS AND SERVICES
Some of the features of the AG Platforms, including the purchase of electronic
and paper cards, digital products, services, memberships and subscriptions
(collectively, "Products and Services"), and the delivery thereof, either as a
one-time or on a reoccurring basis, will require you to pay a fee, plus
shipping, handling, and sales tax, where applicable. You agree to pay those
amounts shown to you during the checkout or similar process (e.g., as documented
on your receipt) and understand that Products and Services are not returnable or
refundable and after you subscribe, send, or download a digital product from the
AG Platform.
You understand that the Products and Services and content we provide on the AG
Platforms is subject to change at any time, and that Products and Services and
content may be added or removed at AG's discretion. If you choose to send
content through an AG Platform on a per-send basis, you may send the content you
have purchased for 30 days. Any subsequent sends, even of the same content, will
require an additional payment. There is no refund for per-send content.
By placing an order, you represent that the Products and Services ordered will
be used only in a lawful manner. We reserve the right, with or without prior
notice, to limit the available quantity of or discontinue any Product and
Service; to honor, or impose conditions on the honoring of, any coupon, coupon
code, promotional code or other similar promotions; to bar any user from making
any or all purchase(s); and/or to refuse to provide any user with any Product
and Service. Please note that we do not provide price protection or refunds in
the event of a price drop or promotional offering.
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BILLING OF SUBSCRIPTIONS
If you subscribe to become a member through the AG Platform (a "Subscription"),
we will charge the applicable Subscription fee (to the most recent payment
method supplied in your Personal Account at the current website price).
Occasionally, we offer trial periods during which customers register for a
Subscription and enjoy many of the Subscription benefits on a trial basis.
During a trial membership, certain content may be restricted or unavailable, and
you will not have the ability to set up or send future eCards. Future send
functionality is made available only to members as part of a paid Subscription.
If you sign up for a trial period and cancel during the trial period, the
payment information provided will not be billed. If you do not cancel during the
trial period we will automatically charge the applicable Subscription fee to the
most recent payment method that you have supplied.
If you redeem a promotional code or gift code for a Subscription, you may be
required to provide payment information (such as a credit card number) to access
the membership benefits for the length of the term applicable to the promotional
or gift Subscription. Similar to a trial membership, during the term of the
applicable free promotional or gift Subscription, the payment information
provided will not be billed. Once the term of the applicable promotional or gift
Subscription expires or terminates and you decide that you want to continue your
membership and Subscription, the applicable Subscription fee will be charged to
the payment information that you have supplied or are asked to supply at that
time. Please note that there are certain promotional and gift Subscriptions that
do not require you to enter in your payment information. In such instances, if
you choose to remain a member past the applicable term for a gift or promotional
Subscription, you will be required to provide payment information to maintain
the applicable Subscription and membership benefits.
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CANCELLATION PROCESS; NO REFUNDS
When you cancel your membership Subscription, you cancel only future charges
associated with your Subscription. You may initiate your cancellation at any
time, but the cancellation will become effective at the end of your current
billing period (which you can find in your Personal Account).
In order to avoid future charges, you must cancel your Subscription prior to the
end of your current Subscription term. If you subscribe to multiple Products or
Services, your cancellation of one Product or Service may not result in the
cancellation of all Products or Services.
Instructions for requesting a cancellation can be found under, Help Center, or
you can give us a call toll free at: 1-888-254-1450
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS
NONREFUNDABLE. If you cancel your Subscription, you are not entitled to receive
any refund for the time remaining in your Subscription term. Except as otherwise
stated in this Agreement, or as required by applicable law, you will continue to
have the same access and benefits of your Subscription for the remainder of the
current Subscription term.
We reserve the right to issue refunds at our sole discretion. If we issue a
refund we are under no obligation to issue the same or similar refund in the
future.
AUTO-RENEWAL PROGRAM
By purchasing a Subscription, you will automatically be renewed at the end of
the Subscription term and agree that AG (or its third party payment processor)
may charge or debit your agreed to payment method the initial or then-current
Subscription fee, plus shipping, handling, and sales tax, as applicable, without
further authorization from you. We will send you a receipt for each charge or
debit made to your payment method. You can manage or make changes to your
Subscriptions at time by logging into your Personal Account.
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GIFT CARDS
Gift cards ("Gift Cards"), are issued by a third-party and any unused balances
are not redeemable for cash and cannot be returned for a cash refund (except as
required by law), exchanged, resold, or used to purchase gift cards. Unused
balances are not transferable. Gift cards may be redeemed through the AG
Platform only in the United States, its territories and possessions. The Gift
Card value is 1/10 of one cent. AG is not responsible if a Gift Card is lost,
stolen, destroyed or used without your permission. Risk of loss and title for a
Gift Card pass to the purchaser upon the electronic transmission to the
purchaser, recipient or delivery to the carrier, whichever is applicable.
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PERSONAL ACCOUNT
If you purchase any Products or Services on the AG Platform you will be required
to register and set up a personal account ("Personal Account"). You are
responsible for the accuracy of the information included in your Personal
Account. Your Personal Account will be protected in accordance with our Privacy
Policy. You are responsible for: (1) keeping your Personal Account up to date
and updating information as necessary; and (2) maintaining the confidentiality
of your Personal Account including all registration information and any
passwords assigned to you. You agree to accept responsibility for all activity
that occurs on your Personal Account. You may not: (1) use an account of another
person with the intent to impersonate that person; or (2) use an account to
which another person has rights without such person's authorization. Failure to
comply with the foregoing shall constitute a breach of this Agreement, which may
result in immediate termination of your Personal Account.
You are responsible for all usage or activity on your Personal Account,
including the use of the account by any third-party authorized by you to use
your password. Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your Personal Account and any Subscription(s), in our
sole discretion. AG reserves the right to disclose any personal information
included in your Personal Account or related to your use of the AG Platforms,
Products and Services, to third-parties in the course of investigating abuse of
our Products and Services and to forward such information to appropriate law
enforcement agencies. You must notify AG of any known or suspected unauthorized
use of your Personal Account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password or credit
card information.
If you are under the age of 18, you may only purchase Products or Services with
the permission of a parent or guardian. AG reserves the right to refuse service,
terminate accounts or cancel orders in its sole discretion. AG reserves the
right to terminate your Personal Account for violation of any of these rules.
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PAYMENT OF FEES AND CHARGES; TAXES
You agree that you will pay all fees, charges and taxes that may be accrued by
or in connection with your Personal Account at the rates in effect for the
billing period in which such fees and charges are incurred. AG reserves the
right in its sole discretion to bill fees, charges, and taxes to the payment
method you have included in your Personal Account. All information that you
provide to AG (or our third-party payment processor) must be accurate, current
and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY
CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Billing
occurs at the time of purchase. Fees may change at any time.
All purchases include applicable sales taxes in effect at the time of purchase
and will be based on the bill-to address provided in the Personal Account. No
users are eligible for tax exemptions for purchases made on this site.
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METHODS OF PAYMENT
If you purchase Products and Services, you must provide a method of payment to
AG, such as a credit card account number or a checking account number. AG will
charge or debit the then-current applicable Product and Service fee to your
method of payment. If you have purchased a Subscription, AG will automatically
renew your Subscription and charge your method of payment at the end of the
applicable term for the then-current Subscription fee in accordance with our
auto-renewal program as stated in this Agreement. AG charges a separate service
fee for payments made by a checking account (to offset the cost of this payment
method). Service fee charges are non-refundable. In no event will AG be liable
for any NSF or other bank fees resulting directly or indirectly from any debits
to your checking account.
Certain Products and Services can be purchased through Premium SMS Billing.
These charges are processed by your mobile phone carrier, and third-parties
designated by your carrier. The charges will appear on your mobile phone bill
during the next billing cycle after your purchase. Purchases made by Premium SMS
are final and non-refundable, even in the event of technical incompatibility or
non-functionality of the content. Questions or problems relating to Premium SMS
Billing should be addressed to your mobile phone carrier.
If you purchase an app, music, or other content through an App Platform, the App
Platform will process your payment, subject to its own privacy policy and terms
of use.
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PHOTOS, VIDEOS & OTHER MEDIA LIMITATIONS
The AG Platforms may not be used as a media storage service. We will not store
photos, videos or other media for longer than 13 months (and in our sole
discretion and without liability, we may remove photos before thirteen months).
We cannot guarantee the availability of media storage, or of the quality or
resolution of any media saved on the AG Platforms. Additionally, we may reduce
the size or resolution of any media you submit on the AG Platforms in order to
make them compatible with our systems and processes. For more information about
our practices with regard to media storage, see the FAQ section on our website.
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WIDGETS
The AG Platforms may provide certain content that you may choose to include on
your personal web page, blog, page on a social networking site, or similar page
("Personal Page") by pasting into your Personal Page the HTML or other code
provided by AG and labeled as embed code (or a similar identifying label)
("Widget"). AG grants you a limited, revocable license, subject to the
restrictions in this Agreement, to include the Widget, as provided by AG
(without editing) on your Personal Page only. You agree that you will not
include or otherwise make available a Widget on a web page or website containing
content that is distasteful, unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable (in AG's sole
opinion). As described in the "Disclaimer of Warranties" section of this
Agreement, AG makes no specific warranties about Widgets. AG may discontinue
providing the services necessary for the Widgets to operate at any time for any
reason without any liability to you. In addition, AG may disable Widgets that
you include on any Personal Page if you violate this Agreement (as determined by
AG in its sole discretion) or for any or no reason, without any liability to
you. You agree that AG's license grant to you to use a Widget on your Personal
Page does not provide you with any intellectual property rights, including
copyrights, in the materials made available via any Widget. You agree to not
sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or
otherwise exploit the content made available in a Widget, in whole or in part,
without the express written consent of AG. You agree to include, and not remove
or alter, AG's trademark, copyright or other proprietary rights notices, as
provided by AG on the Widget. You also agree to not use (or attempt to use) the
Widget to display content other than the content provided or intended by AG to
be displayed via a particular Widget. Except as expressly stated otherwise, the
Widget and any and all content provided through the Widget are subject to this
Agreement in their entirety.
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DISCLAIMER OF WARRANTIES
THE AG PLATFORMS (INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION,
LINKS, MESSAGES, PRODUCTS OR SERVICES PROVIDED ON THE AG PLATFORMS, WIDGETS,
MOBILE FEATURES, SOCIAL DISTRIBUTION, AND WIDGETS) ARE PROVIDED ON AN "AS IS,"
"AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, 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,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND
FREEDOM FROM COMPUTER VIRUS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, AG AND ITS SUBSIDIARIES AND AFFILIATED
COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES,
AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, AND OTHER
REPRESENTATIVES (EACH AN "AG PARTY" AND, COLLECTIVELY, THE "AG PARTIES") DO NOT
WARRANT THAT YOUR USE OF THE AG PLATFORMS WILL BE ERROR-FREE, TIMELY,
UNINTERRUPTED, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
AG PLATFORMS OR THE SERVER THAT MAKES THE AG PLATFORMS AVAILABLE IS FREE FROM
ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AG PARTIES
DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE AG
PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE
AG PLATFORMS IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE AG PLATFORMS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR
STATEMENT OF ANY AG PARTY, WHETHER MADE ON THE AG PLATFORMS, OR OTHERWISE, SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE AG PLATFORMS YOU ACT AT YOUR OWN RISK, AND YOU
REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S)
WHERE YOU ACCESS OR USE THE AG PLATFORMS. THE AG PARTIES NEITHER ENDORSE NOR ARE
RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT
MADE OR DISPLAYED ON THE AG PLATFORMS BY THIRD-PARTIES (INCLUDING ANY USER OF
THE AG PLATFORMS) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO
ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL,
PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR
CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE
AG PLATFORMS. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT
AVAILABLE ON THE AG PLATFORMS. A POSSIBILITY EXISTS THAT THE AG PLATFORMS COULD
INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT
UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE AG PLATFORMS BY THIRD-PARTIES.
ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE AG PLATFORMS, THE AG PARTIES
MAKE NO GUARANTEES AS TO THE COMPLETENESS OR CORRECTNESS OF THE AG PLATFORMS. AG
IS ALSO NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES, CARDS, OR OTHER
CONTENT REACHING THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE
DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE AG PLATFORMS ARE
SUBJECT TO CHANGE WITHOUT NOTICE.
AG AND YOU ACKNOWLEDGE THAT THE APP PLATFORM (IF YOU ARE USING ONE OF OUR APPS
ON AN APP PLATFORM) HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT
SERVICES WITH RESPECT TO THE APP.
IF YOU ARE USING ONE OF OUR APPS ON AN APP PLATFORM, THEN NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, AG AND YOU
ACKNOWLEDGE THAT AS BETWEEN THE APP PLATFORM AND AG, AG IS RESPONSIBLE FOR
ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APP OR YOUR POSSESSION AND/OR
USE OF THE APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS;
(II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR
REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR
SIMILAR LEGISLATION.
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LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES SHALL THE AG PARTIES BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES)
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) ARISING OUT OF
OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (A) THE AG PLATFORMS
(INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, WIDGETS, MOBILE FEATURES, SOCIAL
DISTRIBUTION, APPLICATIONS, AND INFORMATION, PRODUCTS AND SERVICES CONTAINED ON
OR AVAILABLE ON OR THROUGH THE AG PLATFORMS); (B) USER CONTENT; (C) YOUR USE OF,
INABILITY TO USE, OR THE PERFORMANCE OF THE AG PLATFORMS; (E) ANY ACTION TAKEN
IN CONNECTION WITH AN INVESTIGATION BY THE AG PARTIES OR LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR USE OF THE AG PLATFORMS; (F) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; (G) ANY ERRORS
OR OMISSIONS IN THE TECHNICAL OPERATION OF THE AG PLATFORMS; OR (H) ANY DAMAGE
TO ANY USER'S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR
TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR
FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY
OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AG
PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE AG
PLATFORMS). IN NO EVENT WILL THE AG PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR
LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE AG PLATFORMS IS TO
STOP USING THE AG PLATFORMS, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE
LIABILITY OF THE AG PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE
GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO
ACCESS THE AG PLATFORMS.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE
OUT OF AG'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT
IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY
EXPLOITATION OF THE AG PLATFORMS OR ANY AG WEB SITES, MOBILE APPS, PROPERTY,
PRODUCT, SERVICE, OR OTHER AG PLATFORM CONTENT OWNED OR CONTROLLED BY THE AG
PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT,
PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY AG
PLATFORM, MOBILE APP, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR
CONTROLLED BY THE AG PARTIES.
BY ACCESSING THE AG PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS
WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN
ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND,
AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS
FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
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INDEMNIFICATION
You agree to defend, indemnify and hold the AG Parties harmless from and against
any and all claims, damages, costs, investigations, liabilities, judgments,
settlements and expenses, including attorneys' fees, that directly or indirectly
arise from or are otherwise directly or indirectly related to: (a) your User
Content; (b) your use of the AG Platforms or activities in connection with the
AG Platforms; (c) your breach or anticipatory breach of this Agreement or any
Additional Terms; (d) your violation of any laws, rules, regulations, codes,
statutes, ordinances or orders of any governmental and quasi-governmental
authorities, including, without limitation, all regulatory, administrative and
legislative authorities; (e) information or material transmitted through your
computer, even if not submitted by you, that infringes, violates or
misappropriates any copyright, trademark, trade secret, trade dress, patent,
publicity, privacy or other right of any person or defames any person; (f) any
misrepresentation made by you; or (g) the AG Parties' use of your information as
permitted under this Agreement, the Privacy Policy, or any other written
agreement between you and us. You will cooperate as fully required by the AG
Parties in the defense of any claim. Notwithstanding anything to the contrary in
this indemnification section, the AG Parties reserve the right to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you and you will remain liable for the indemnification obligation. You will
not in any event settle any claim without the express written consent of AG.
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INTERNATIONAL USE
The information provided on or through the AG Platforms themselves are not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country. We control and operate the AG Platforms from offices
located in the United States and make no representations or warranties that the
information, products or services available through the AG Platforms are
appropriate for use or access in other locations. Anyone using the AG Platforms
from other locations does so on their own initiative and is responsible for
compliance with United States' and local laws regarding online conduct and
acceptable content, if and to the extent such laws apply. We reserve the right
to limit the availability of the AG Platforms or any portion of the AG
Platforms, to any person, geographic area, or jurisdiction, at any time and in
our sole discretion, and to limit the quantities of any content, program,
product, service or other feature that we provide. Software related to or made
available by the AG Platforms may be subject to United States export controls.
Thus, no software from the AG Platforms may be downloaded, exported or
re-exported: (a) into a country that is subject to a U.S. government embargo, or
that has been designated by the U.S. government as a "terrorist supporting"
country; and (b) by or to any person listed on any U.S. Government list of
prohibited or restricted persons. By downloading any software related to the AG
Platforms, you represent and warrant that you are not located in, under the
control of, or a national or resident of, any such country or on any such list.
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TERMINATION AND ENFORCEMENT BY AG
In the event AG determines, in its sole discretion, that you have violated this
Agreement, AG will have the right to immediately terminate your account, suspend
or block access to your use of the AG Platforms, or block the sending, receiving
or uploading of content from the AG Platforms, or pursue any other remedies
available to it under applicable law. AG also reserves the right to investigate
suspected violations of this Agreement. Any violation of this Agreement may be
referred to law enforcement authorities. AG further reserves the right at any
time to modify or discontinue, temporarily or permanently, any of the AG
Platforms with or without notice. You agree that AG will not be liable to you or
to any third-party for any modification, suspension, or discontinuation of the
AG Platforms. Any provision of this Agreement, which by its terms, ought to
survive, shall survive any termination of this Agreement.
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GOVERNING LAW AND DISPUTE RESOLUTION
Except for disputes relating to the infringement of your or AG's intellectual
property (such as trademarks, trade dress, copyright and patents) or where you
or AG are seeking a preliminary injunction ("Excluded Disputes"), you agree that
all disputes between you and AG (whether or not such dispute involves a
third-party) with regard to this Agreement, your use of the AG Platforms, or any
AG advertisement or promotion, will be resolved by binding, individual
arbitration under the American Arbitration Association's rules for arbitration
of consumer-related disputes and you hereby expressly waive trial by jury.
Neither you nor AG will participate in a class action or class-wide arbitration
for any claims covered by this Agreement. This dispute resolution provision will
be governed by the Federal Arbitration Act and, where consistent, Ohio law. The
arbitration will be conducted in Cuyahoga County, Ohio, in the English language
by three arbitrators appointed in accordance with the American Arbitration
Association's Rules. Judgment on the award rendered by the arbitrators may be
entered in any court having competent jurisdiction. Any provision of applicable
law notwithstanding, the arbitrators will not have authority to award punitive
or exemplary damages. This Agreement is governed by and construed in accordance
with the laws of the State of Ohio without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity relating to the
arbitration provision of this Agreement or the Excluded Disputes will be filed
only in the state or federal courts located in Cuyahoga County, Ohio and you
hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action.
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UPDATES TO THIS AGREEMENT AND ELECTRONIC NOTIFICATIONS
We reserve the right to modify or add to this Agreement at any time without
prior notice ("Updated Terms"). You agree that we may notify you of the Updated
Terms by posting them on the AG Platforms so that they are accessible via a link
on the home page or within the App, and that your use of the AG Platforms after
we have posted the Updated Terms (or engaging in such other conduct as we may
reasonably specify) constitutes your agreement to the Updated Terms. Therefore,
you should review this Agreement before using the AG Platforms. The Updated
Terms will be effective as of the time of posting, or such later date as may be
specified in the Updated Terms, and will apply to your use of the AG Platforms
from that point forward.
You consent to receive notifications from us electronically to the email address
you provide to us. You agree that all notices, disclosures, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing, or be delivered in a
particular manner. You agree that you have the ability to store such electronic
communications such that they remain accessible to you in an unchanged form.
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PRIVACY POLICY
The terms of our privacy policy can be found by clicking here Privacy Policy.
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ASSIGNMENT
In our sole discretion, we may assign this Agreement in whole or in part,
without notice to you. You may not assign this Agreement without our prior
written consent.
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THIRD-PARTY BENEFICIARY
If you use one of our Apps on an App Platform, you acknowledge and agree that
the App Platform is a third-party beneficiary of this Agreement, and that, upon
your entry into this Agreement, the App Platform will have the right (and will
be deemed to have accepted the right) to enforce this Agreement against you as a
third-party beneficiary.
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NO WAIVER
The waiver by either party of any breach of this Agreement will not be construed
to be a waiver of any succeeding breach or any other covenant. All waivers must
be in writing, and signed by the party waiving its rights. This Agreement may be
modified only by a written instrument executed by authorized representatives of
you and AG.
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CONTACT INFORMATION
If you have any questions, complaints, or claims, you may contact Blue Mountain
at:
Blue Mountain Customer Support
AG Interactive, Inc.
One American Boulevard
Cleveland, Ohio 44145
Telephone: 1-888-254-1450
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ENTIRE AGREEMENT
This Agreement, along with any applicable written Additional Terms, constitutes
the entire agreement between the parties with respect to the subject matter
hereof, and supersedes all prior agreements, proposals, negotiations,
representations or communications relating to the subject matter. Both parties
acknowledge that they have not been induced to enter into this Agreement or
Additional Terms by any representations or promises not specifically stated
herein or in the written Additional Terms.
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