:: WEBSITE RULES ::Welcome to happyrobot.net, freako Dude. the bottom line is this: we don't keep most of the info we get, but the info that does stay in our database is all private and stuff and we aren't going to sell it or anything dumb like that. we reserve the right to do a whole bunch of crap though, like blocking addresses or stuff like that if we see fit. I mean, c'mon. This stuff is free for your entertainment (or lack, depending on the content)... if we feel like deleting a post, we'll do it. if we want to block an email address or IP address, we will. I mean, not to be a jerk, but it's our site. and we are paying for it (lord we are *paying* for it). do you how much money and sleep this thing costs? if you need a real TOS, keep on reading. this is where it gets tedious. happyrobot.net is a fast, exciting and convenient way to send and receive greeting cards, send gifts through our affiliated vendors, and generally enhance correspondence with people over the Internet. The happyrobot.net Cards are a free service for private parties that encourage and facilitate communication between users. Such a service is based on trust, and this Agreement helps promote trust and understanding between you and other users of happyrobot.net. As a condition of your participation, you (hereinafter you or yours or User) agree to abide by the happyrobot.net Terms of Participation. By using the Website, you are accepting these Terms. If you do not agree, please refrain from using this Website. Individuals, organizations and businesses are free to use the happyrobot.net Website for any lawful, worthy and ethical purpose, except as limited by these Rules. The Website must not be used to solicit customers or sell products or services. Furthermore, no more than 2000 cards may be sent by any one person, organization or business in any one calendar year without prior written permission from the happyrobot.net division of HappyrobotUSA. Users with "robots", "spiders", or other automated programs may visit the happyrobot.net Website. However, users are prohibited from sending our electronic cards via "robots", "spiders", or other automated programs without the prior written permission of the happyrobot.net division of HappyrobotUSA. We ask all Website users to use appropriate names and language in the name spaces, address spaces and other spaces (if any) provided on the Website. Users are forbidden from using false e-mail addresses. In addition, happyrobot.net Website users may not send electronic greeting cards to or on behalf of people or other entities on mailing lists that they do not have full rights to use, nor send electronic greeting cards to people or other entities with whom they are not acquainted. This Website contains material protected by law, including but not limited to copyrights and trademarks. All rights in such material are reserved to the happyrobot.net division of HappyrobotUSA and materials may not be reused in any way or copied in whole or part without prior written permission from the happyrobot.net division of HappyrobotUSA When launching any of happyrobot.net's gift functions offered by certain affiliated vendors, User agrees to be bound by the terms and conditions found on the host gift vendor's linked web site. Additional terms and conditions may apply when you enable video or voice functions, imported object functions, music functions or gift functions. TERMS OF PARTICIPATION 1. Sending and receiving greeting cards through happyrobot.net is available only to individuals who can be legally bound by the terms and conditions described hereunder and enforceable under applicable law. You acknowledge that happyrobot.net is not a party to any purchase transaction between you and any vendor, even if you arrive at the vendor site by way of our site. Purchasing of merchandise or services is done directly between you and third party affiliated vendors, and is available only to individuals who can be legally bound by the terms and conditions governing the transaction, which are listed at the vendor site. Purchasing gifts through affiliated vendors may require payment by credit card; users are required to use only credit cards lawfully issued in their name. If you do not hold a credit card in your name, the gift service may not be available to you. 2. happyrobot.net reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. 3. happyrobot.net does not assume responsibility for the content or context of the comment areas of the greeting cards and will not remove or edit the written content of greeting cards once they are entered into the service, except to expire records or in our sole discretion. happyrobot.net is a venue only and does not screen or censor or otherwise control the content offered by Users to other Users. 4. You are responsible for maintaining the confidentiality of your account or any password. You are responsible for all uses of your account, whether or not expressly authorized by you. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR CORRESPONDENCE WITH OTHER PEOPLE ON THIS SITE! There are risks associated with activities related to the world wide web, and all of these risks are borne by you. Hey. Don't be a retard. 5. In order to ensure that happyrobot.net is able to provide high quality services that are responsive to customer needs, you must consent to happyrobot.net or HappyrobotUSA employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. 6. In the event that you have a dispute with one or more Users, OR ANY VENDORS OF MERCHANDISE OR SERVICES OVER THE happyrobot.net SITE, you hereby release happyrobot.net, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says "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." 7. The happyrobot.net service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate happyrobot.net related transactions. You should be aware that happyrobot.net has no control over the content offered by websites that are similar to happyrobot.net but that are not happyrobot.net. 8. happyrobot.net prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction, including but not limited to the use of any variation of the happyrobot.net Website name to display profane, illegal or explicit language or material, sexual or otherwise. It is your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including ("SPAM"). Further, happyrobot.net prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure. Got it? 9. happyrobot.net prohibits the listing or sale of the goods and services beyond those offered by affiliated gift vendors for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation. 10. happyrobot.net strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the happyrobot.net service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. 10A. happyrobot.net reserves the right to make fun of you. happyrobot.net also reserves the write to pass your emails around to the other "staff" for fun. 10B. Any happyrobot.net staff can be invited over for dinner at your place, lover. 11. happyrobot.net also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site through happyrobot.net systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party. 12. If happyrobot.net, in its sole discretion, determines that a violation of the Terms of Participation has occurred, happyrobot.net may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of your account and /or the exclusion of any person(s) who may have violated any Terms of Participation. happyrobot.net could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. happyrobot.net will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to you. If happyrobot.net believes in its sole discretion that any card, content or communication may create liability for happyrobot.net, happyrobot.net may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, happyrobot.net reserves the right to refuse service to anyone at any time, and to remove any cards, content or communications for any reason, at any time and without notice. See, that was what i was saying, earlier. 13. happyrobot.net may also, in our sole discretion, add or delete charges or fees associated with the Service. If any charge is applicable, we will notify our Users in advance. 14. Under happyrobot.net's privacy policy, we may disclose to third parties certain aggregate information contained in our users' registration applications, but we will not disclose your name, address, email address or telephone number without your prior written consent, or as directed by you, except as required by law. 15. happyrobot.net MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES happyrobot.net 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 FROM THE SERVICE. WE ALSO DON'T PROMISE THAT ANYTHING WILL BE FUNNY. 16. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION, INCLUDING CONTENT OR MATERIAL DOWNLOADED INTO YOUR COMPUTER AS GREETING CARDS AND/OR SCREEN SAVERS THAT MAY NOT FUNCTION OR THAT MAY ADVERSELY AFFECT ITS PERFORMANCE SUCH AS CRASHING YOUR COMPUTER OR NETWORK. I MEAN CRASHING YOUR COMPUTER? WTF?! I DON'T THINK WE HAVE ANYTHING ON HERE THAT WILL DO THAT, BUT YOU HAVE TO ADMIT IT WOULD BE FUN TO TAKE YOUR COMPANIES NETWORK WITH SOMETHING FROM HAPPYROBOT. 17. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM happyrobot.net OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 18. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR, THE USER'S, SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. happyrobot.net 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. 19. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER happyrobot.net NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF happyrobot.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT happyrobot.net SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT happyrobot.net SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall happyrobot.net's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to happyrobot.net, if any, that is related to the cause of action. Pants. 19A. HAPPYROBOT.NET DOESN'T LIKE MAYO. 20. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. 21. No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service. 22. Others' Information. You agree not to make use of anyone else's Information other than as necessary to complete any happyrobot.net transactions in which you are involved. 23. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between happyrobot.net and any User of the Service. You disclaim any expectation or other benefit as a result of your use of this Site. 24. Notice. Any notice to you or to happyrobot.net shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to happyrobot.net by displaying notices to Users on the Service. 25. These Terms of Participation are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. 26. These Terms of Participation and the relationship between User and happyrobot.net shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and happyrobot.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California. 27. The failure of happyrobot.net to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect. 28. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred. YES, BARRED! 29. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect. 30. Please help us keep the happyrobot.net site an enjoyable experience for all Users, if you observe material or behavior that may violate one of the happyrobot.net terms of participation, please contact happyrobot.net. |