Terms and Conditions

By using A Place to Say Thank You website you are agreeing to be bound by the following terms and conditions ("Terms of Use"). Please read these terms carefully before using the Services.  By accessing this site or using any part of the site or any content or services you agree to become bound by these terms and conditions.

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You are responsible for any activity that occurs under your screen name.
  3. You are responsible for providing accurate, complete and updated registration information.
  4. You must be responsible for maintaining confidentiality of your password.
  5. You must not abuse, harass, threaten, impersonate or intimidate other users.
  6. You may not use the web site for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the A Place to Say Thank You.com. You must not modify, adapt or hack A Place to Say Thank You.com or modify another website so as to falsely imply that it is associated with A Place to Say Thank You.com.
  8. You must not create or submit unwanted email to any members ("Spam").
  9. You must not transmit any worms or viruses or any code of a destructive nature. You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our permission.
  10. You may not advertise to or solicit, any user to buy or sell any products or services OR use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
  11. You must not, in the use of A Place to Say Thank You.com, violate any laws in your jurisdiction (including but not limited to copyright laws).


Violation of any of these agreements will result in the termination of your A Place to Say Thank You.com account. While A Place to Say Thank You.com prohibits such conduct and content on its site, you understand and agree that A Place to Say Thank You cannot be responsible for the Content posted on its web site and you, nonetheless, may be exposed to such materials and that you use the A Place to Say Thank You.com service at your own risk.

General Conditions

  1. We reserve the right, at our own discretion, to modify, suspend or terminate A Place to Say Thank You services for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  5. The A Place to Say Thank You service makes it possible to post images and text hosted on A Place to Say Thank You.com to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on A Place to Say Thank You.com must provide a link back to A Place to Say Thank You.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.


Copyright Issues

  1. By submitting Content to A Place to Say Thank You.com, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by A Place to Say Thank You in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission..
  2. A Place to Say Thank You undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following written communication to the attention of "Digital Millennium Copyright Act (DMCA) Infringement Notification Department":
    1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
    2. A description of the copyrighted work claimed to have been infringed;
    3. A description of the infringing material and information reasonably sufficient to permit A Place to Say Thank You to locate the material;
    4. Your contact information, including your address, telephone number, and email;
    5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to copyright@APlacetoSayThankYou.com or A Place to Say Thank You., PO Box 27766, Fresno, California 93729

Indemnity

You will indemnify and hold harmless A Place to Say Thank You, its parents, subsidiaries, affiliates, customers, vendors, officers, directors, and employees from any liability, damage or cost, including reasonable attorneys fees and cost, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you or any  third party using your account or A Place to Say Thank You User ID, of any intellectual property or other right of any person or entity.

Warranty Disclaimers

You acknowledge that A Place to Say Thank You has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release A Place to Say Thank You from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. A Place to Say Thank You makes no representations concerning any content contained in or accessed through the Site or Services, and A Place to Say Thank You will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations my not apply to you

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because A Place to Say Thank You has no control over such sites and resources, you acknowledge and agree that A Place to Say Thank You is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that A Place to Say Thank You shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Limitations of Liability

In no event shall A Place to Say Thank You or its suppliers be liable under contract, tort, strict liability, negligence or other legal theory with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services or for any direct damages in excess of $100.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Termination

A Place to Say Thank You may terminate or suspend any and all Services and your A Place to Say Thank You account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your A Place to Say Thank You account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Trademarks

A Place to Say Thank You, and all graphics, logos, designs, page headers, buttons, scripts, and service names are registered trademarks, trademarks or trade dress of A Place to Say Thank You in the U.S. and /or other countries.  A Place to Say Thank You trade dress may not be used, including as part of trademarks and /or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.  The images and icons available in A Place to Say Thank You icon pack may be used by partner or third party sites in connection with providing "A Place to Say Thank You This" and "Submit to A Place to Say Thank You" links to the A Place to Say Thank You site.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind A Place to Say Thank You in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A Place to Say Thank You shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond A Place to Say Thank You's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with A Place to Say Thank You's prior written consent. A Place to Say Thank You may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Fresno County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, but without limiting A Place to Say Thank You's right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be referred to an arbitrator. The arbitrator shall be selected by A Place to Say Thank You. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Fresno, California using the English language. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in writing signed by both parties, except as otherwise provided herein.

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