April 17, 2007

AMERICANGREETINGS.COM MOTHER'S DAY SERVICE


Rules of Conduct

Welcome to the AmericanGreetings.com Many Faces of Moms Service ("Service")! The Service is provided subject to these Rules of Conduct as well as our Terms of Service and Privacy Policy (collectively "Policies"). Please take a minute to ensure that you understand the terms and conditions of our relationship by reading these Policies. If you do not agree with these Policies, please do not use this Service.

AGCM, Inc. reserves the right to update or change our Policies at any time and for any reason, without notice. By using the Service, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Policies for your records. For your information, the date of the last update to these Rules of Conduct is stated at the top of this page, and the first page of our other Terms of Service and Privacy Policy.

DESCRIPTION OF MANY FACES OF MOMS

The Many Faces of Moms program is an interactive community designed to allow visitors of the AmericanGreetings.com website a way to honor mothers around the world. Individuals can post tributes to their moms and other moms they know � like their sisters, friends, and aunts - that they would like to honor. Once posted, a picture of the person being honored will appear on an interactive grid that will allow visitors to the Many Faces of Moms program the opportunity to view all the tributes to all the various moms.

MANY FACES OF MOMS SERVICE MODIFICATIONS

AGCM may discontinue, add to, modify, upgrade, or replace all aspects of the Service in its sole discretion and without notice. In particular, it reserves the right, in its sole discretion, to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Service at any time.

SERVICE OWNERSHIP AND LICENSE

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AGCM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Subject to these Rules of Conduct, AGCM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

RULES OF CONDUCT

Your use of this Service is governed by these Rules of Conduct. You are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available via the Service. AGCM is not liable for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the Service. You agree to not use the Service to upload, post, email, transmit or otherwise make available any Content that:

  • is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, obscene, vulgar, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harms, or may harm, minors in any way;
  • includes forge headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Service;
  • impersonates any person or entity or misrepresents your affiliation with a person or entity;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • may disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • may interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • violates any applicable local, state, national, or international law.

CONTENT LICENSE

By posting Content on the Service you grant AGCM a perpetual, irrevocable, world-wide, royalty free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or AGCM removes Content from the Service.

INDEMNITY

You agree to indemnify, defend and hold AGCM and its affiliates and their respective subsidiaries, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, violation of the Policies or your violation of any rights of another.

GENERAL PRACTICES

AGCM, in its sole discretion, may determine: (1) number of days that uploaded Content will be retained by the Service; (2) disk space that will be allotted on AGCM's servers on your behalf; and (3) number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AGCM is not responsible or liable for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

TERMINATION

At any time and without prior notice, AGCM may immediately terminate your access to the Service for: (1) breach of these Rules of Conduct and Policies; (2) requests by law enforcement or other government agencies; (3) a request by you (self-initiated account deletions); (4) discontinuance or material modification to the Service (or any part thereof); (5) unexpected technical or security issues or problems; and (6) for any other reason AGCM deems sufficient.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • AGCM MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGCM IS NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AGCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

AGCM may, in appropriate circumstances and at its discretion, disable and/or terminate access to the Service for alleged or actual infringement. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your proprietary rights have been violated, please provide AGCM's Copyright Agent the following information: Written notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification Of Claimed Infringement:
Rob Murdoch

Full Address of Designated Agent to Which Notification Should be Sent:
One American Road Cleveland, Ohio 44144

Telephone Number of Designated Agent:
(216) 889-5000

Facsimile Number of Designated Agent:
(216) 889-5191

Email Address of Designated Agent:
dmca@ag.com

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. 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;
  6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

QUESTIONS OR COMMENTS REGARDING THE SERVICE SHOULD BE DIRECTED TO:

By Mail:
AmericanGreetings.com

ATTN: Customer Care c/o Many Faces of Moms
One American Road
Cleveland, Ohio 44144-2398

By Email:
help@americangreetings.com

By Phone:
1.800.305.6766

VIOLATIONS

Please report any violations of these Rules of Conduct or Policies to our Customer Care group help@americangreetings.com. Thank you for your cooperation. We hope you find the Service fun to use!

Copyright � 2007 AGCM., Inc., All rights reserved.