Terms of Service

These terms of service is a legal agreement between AdultCard4u.com. ("AdultCard4u"), a New South Wales corporation with offices at Shop17/1024 The Horsley Drive, Wetherill Park, NSW 2164 ("AdultCard4u," "we," "us," or "our") and "you," the user of this Site ("Terms"). By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this Site. AdultCard4u shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound. Your continued use of the Site following the posting of these Terms or any revised terms shall be deemed to be consent to you of these Terms.

*********************************************ADULTS ONLY********************************************

This Site is for use only by adults over the age of 18 years old. Your continued use of this Site is a representation by you that you are at least 18 years old, that you will not allow any one under 18 years old to use this Site and that your use of this Site is not a violation of your State law.

Limited License

AdultCard4u hereby grants you a limited license to use the greeting card materials, features, and services provided by AdultCard4u on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. No other use of the Site or Materials is authorized. By way of example, you have no right to use the design, layout, arrangement, and text, of any Materials or to create any derivative works of the Materials. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited. The products, technology, and/or processes described and/or used on this Site is subject to the intellectual property rights reserved by AdultCard4u or other third parties. All rights not expressly granted are expressly reserved by AdultCard4u.

Acceptable Use Policy

The following Acceptable Use Policy is adopted to assure that its greetings are used in a lawful and appropriate manner. While AdultCard4u does ordinarily monitor the content of users' greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service and can be grounds for termination of use of the Site:

• sending harassing, abusive, or threatening messages;
• sending defamatory or libelous messages;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• attempting to conceal or misrepresent the identity of the sender.

·  sending a card to a person who is NOT a legal adult.
·  sending a card to threaten, harass or frighten a person of any age.
·  sending cards to someone whom you believe would not appreciate a kinky or sexy greeting.

Violations of the AdultCard4u's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from purchasing and sending additional greetings on the service. If the sender is a member of a newsletter or subscription service, AdultCard4u may disable the sender's account without compensation or refund. AdultCard4u RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY AdultCard4u TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Warranty Restriction

THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" 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. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. AdultCard4u IS NOT RESPONSIBLE FOR ANY FAILURE OF GREETING CARD SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability

NEITHER AdultCard4u NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF AdultCard4u.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT AdultCard4u.COM AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT. NEITHER AdultCard4u NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS AdultCard4u AND ITS AFFILIATES AND PARTIES WITH WHOM ADULTCARD4U HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

International Use

Neither AdultCard4u nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with local laws.

Indemnification

You hereby indemnify, defend and hold harmless AdultCard4u and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. AdultCard4u reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement by AdultCard4u

In the event AdultCard4u determines, in its sole discretion, that you have violated these Terms, AdultCard4u shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.
Copyright Information All of the Material available on the Site is copyright © 2007, AdultCard4u , Inc. or used under license. All rights reserved.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of New South Wales. Any dispute arising between you and AdultCard4u will be submitted to binding arbitration in Sydney, New South Wales standard rules then in effect for arbitration of commercial disputes.