BLUEMOUNTAIN.COM TERMS OF SERVICE
The following is a legal agreement between EGCB, Inc., a Delaware corporation with offices at One American Road, Cleveland, Ohio 44144 ("BMA," "we," "us," or "our") and "you," the user of this Site.
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 of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
Your Use of the Site
BMA hereby grants you a limited license to copy and use the materials, features, and services provided by BMA on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. 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 may be the subject of intellectual property rights reserved by BMA or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of BMA or any third party.
All of the Material available on the Site is copyright © 1996-2013, EGCB, Inc., AG Interactive, Inc., or used under license. EGCB, Inc., currently utilizes copyrighted materials from the individuals and entities set forth below (partial list subject to change). The copyright information for each licensor is indicated on those appropriate portions of the Site, on the electronic greetings incorporating their content, and/or as follows:
Astrology.com material © 2002 Knowledge Web, Inc. All rights reserved; Carole Joy Creations © 2002 Carole Joy Creations, Inc. All rights reserved; Kristen Sheldon Havlick designs © 2002 Kristen Sheldon Havlick. All rights reserved; Kersten Bros. designs © 2002 Kersten Bros. All rights reserved; Paper Trail Press designs © 2002 Paper Trail Press, Inc. All rights reserved; Patnie Papers designs © 2002 Patnie Papers, Ltd. All rights reserved; Greek Orthodox Church images and artwork used by permission of the Greek Archdiocese of America. © 2002 Greek Archdiocese of America. All rights reserved; Wellcat material © 2002, Thomas and Ruth Roy. All rights reserved; Eddie Barnes material © 2002 Eddie Barnes. All rights reserved; Jerolyn Dirks designs © 2002 Jerolyn Dirks. All rights reserved; Animal Kingdom Collectables designs © 2002 Animal Kingdom Collectables, Inc. All rights reserved; Dee Ten designs © 2002 Dee Ten Publishing Co., Ltd. All rights reserved; Natasha Josefowitz designs © 2002 Natasha Josefowitz. All rights reserved; Douglas Pagels designs © 2002 Douglas Pagels. All rights reserved; Robert Sexton designs © 2002 Robert Sexton. All rights reserved; Marjorie Hansen Shaevitz designs © 2002 Marjorie Hansen Shaevitz. All rights reserved; the Art of Color Designs © 2002 Art of Color Designs. All rights reserved; Lucy Wang material © 2002 Lucy Wang. All rights reserved; Weatherlabs content © 2002 Weatherabs, Inc. All rights reserved.
Blue Mountain, and the Blue Mountain logo are service marks or registered service marks of BMA Holdings, LLC in the United States and other countries. All rights reserved. Use of the Blue Mountain trademarks as meta-tags for search engines is strictly prohibited. This site is neither endorsed, nor sponsored by, nor affiliated with the National Academy of Recording Arts & Sciences, Inc. GRAMMY and the gramophone and speaker logo are registered trademarks of the National Academy of Recording Arts & Sciences, Inc. All rights reserved.
This web site or portions thereof are covered by United States Patent No. 5,513,117.
Acceptable Use Policy
BMA has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While BMA does not 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:
- sending harassing, abusive, or threatening messages;
- sending obscene or pornographic messages or images;
- sending defamatory or libelous messages;
- sending viruses or other harmful, disruptive, or destructive files;
- 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.
Violations of the BMA's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional greetings on the service. If the sender is a member of BMA's subscription service, BMA may disable the sender's account without compensation or refund. BMA 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 BMA 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.
You may not use this Site to send online greeting cards to mailing lists 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. BMA reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
BMA may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH BMA, BMA, AGCM, INC., AMERICANGREETINGS.COM, OR AMERICAN GREETINGS CORPORATION. BMA MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. BMA WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY BMA ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither BMA nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither BMA nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither BMA nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Creating Your Own Greetings and Photos and/or Images
BMA may allow you to create your own greetings by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.
When you upload material to the Site and use it to create a greeting, your material will be used for the transmission of your digital greeting; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.
Warranty Restriction; Limitation Of Liability.
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. AG.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS 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.
NEITHER BMA 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 BMA.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 BMA.COM AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER BMA 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 BMA AND ITS AFFILIATES AND PARTIES WITH WHOM BMA 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.
Neither BMA nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, 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.
You hereby indemnify, defend and hold harmless BMA 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. BMA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by BlueMountain.com
In the event BMA determines, in its sole discretion, that you have violated these Terms, BMA 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.
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 Ohio. Any dispute arising between you and EGCB, Inc. will be submitted to binding arbitration in Cleveland, Ohio in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
BMA 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.
Downloads contain computer programs ("Software"), documentation and other proprietary material (collectively, "Product") that belong to Ag.com, Inc. ("Licensor") and its licensors. Installation and use of the software is subject to this license agreement ("Agreement"). By installing or using any part of the Software, you (including your employer in the event you are downloading the Software in the course of performing the duties of your employment) consent to be bound by, and agree to become a party to, this agreement.
If you are deemed to have ordered the download, Licensor's acceptance is expressly conditional on assent to these terms exclusive of all other terms to the exclusion of all other terms; if these terms are considered an offer by Licensor, acceptance is expressly limited to these terms.
- GRANT OF LICENSE.
Licensor, grants you, a non-exclusive right to use and display the enclosed copy of the Software on a single computer (i.e. with a single CPU) at a single location (the "License"). If the Software is intended to be used on a multi-user system, this License covers all authorized end users of that specific multi-user system. Licensor reserves all rights not expressly granted to you herein.
- OWNERSHIP OF SOFTWARE.
You own only the magnetic or other physical media on which the Software is originally or subsequently recorded or fixed, but Licensor retains all title and ownership of the Software recorded on the original disc and all copies of the Software, regardless of the form or media in or on which the original and other copies may exist. The License is not a sale of the Software or any copy of it.
- COPY RESTRICTIONS.
The Software and the accompanying written materials ("Documentation") are copyrighted. Unauthorized copying of the Software, including any portion of the Software that has been modified, merged, or included with other Software, or of the Documentation is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of the License.
- USE RESTRICTIONS.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or permit others to do so. You may not modify, adapt, translate, or create derivative works based on the Documentation without the prior written consent of Licensor.
- TRANSFER RESTRICTIONS.
The Software is licensed only to you and may not be transferred to anyone without Licensor's prior written authorization. Any authorized transferee of the Software shall be bound in writing by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein.
This Agreement is effective until terminated. In the event you fail to comply with any provision of this Agreement, this Agreement may be terminated if you do not cure such failure within forty-five (45) days of a written notice from Licensor. Upon termination you shall destroy the Documentation and all copies of the Software, including modified copies, if any.
- UPDATE POLICY.
Licensor may from time to time, create updated versions of the Software and provide them for download at it's web site.
This Agreement is governed by the laws of the State of Ohio without regard to its conflicts of laws and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Any disputes between the parties relating to this Agreement shall be resolved by binding arbitration in Cleveland, Ohio, under to the commercial arbitration rules of the American Arbitration Association. This Agreement may be modified in the observance of any provision of this Agreement may be waived only with the prior written consent of Licensor. If any provision of this Agreement is found to be illegal, void or for any reason unenforceable, it shall be deemed severable from and shall in no way affect the validity on enforceability of the remaining provisions of this Agreement.
- DISCLAIMER OF WARRANTY.
Licensor does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the Software or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise. Licensor does not represent or warrant that the Software will be compatible with Licensee's computer system or will not conflict with other programs, applications, or operating systems. Licensee assumes the risk of any computer failure, malfunction, crash, failure, or loss of data resulting from downloading or use of the Software and Licensor shall have no liability therefore.
- LIMITATION OF LIABILITY.
Licensor's entire liability and your exclusive remedy as to the Software shall be the replacement of the Software that does not comply with the foregoing Limited Warranty. The above are the only warranties of any kind made by Licensor with respect to the product, and all other warranties, either express or implied, including but not limited to the implied warranties of the merchantability and fitness for a particular purpose are disclaimed. No oral or written information or advice given by Licensor, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
Neither Licensor, nor anyone else who has been involved in the creation, production, or delivery of the product shall be liable for any direct, indirect, consequential or incidental business damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if Licensor has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BMA's Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SUPPORT, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement:
Bluemountain.com Customer Support
Full Address of Designated Agent to Which Notification Should be Sent:
AG Interactive, Inc.
One American Road
Cleveland, Ohio 44144
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include 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 BMA Site 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 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.