TERMS OF SERVICE

MALEMARK GREETING CARDS

WEB SITE TERMS OF SERVICE

Welcome to the Malemark Greeting Cards (“MGC”) web site (“Site”). By using this Site, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any of these Terms of Service, please do not use this Site. MGC reserves the right to update or change these Terms of Service at any time and for any reason, without notice. By continuing to use the Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version for your records. For your information, the date of the last update to these Terms of Service is posted at the top of this page.

1. AGREEMENT TO CONTRACT ELECTRONICALLY

You agree to contract electronically with MGC. MGC agrees that this electronic Terms of Service agreement, combined with your act of using this Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.

2. MODIFICATIONS

We may discontinue, add to, modify, upgrade, or replace all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.

3. MONITORING

MGC has no obligation to monitor this Site or any use thereof or to retain the content of any user session. However, as stated in our Privacy Policy. MGC reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. MGC may use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Service or to protect our Site and its visitors or others.

4. INTELLECTUAL PROPERTY

Copyrights: All of the content on this Site, including, but not limited to, any text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of MGC, our partners, or content providers and is protected by United States copyright laws. The contents of this Site are copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without MGC’s prior written consent.

Trademarks: All trademarks, trade names, brand names, and service marks of MGC, whether registered or unregistered, are the property of MGC and are protected by United States trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without MGC’s prior written consent. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.

Patents: All patents issued to and patent applications filed by MGC are the property of MGC and are protected by United States patent laws. Any use of these patented or patentable assets is prohibited without MGC’s prior written consent.

Limited License: You may display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on this Site or otherwise known to you, download portions of the material from the various locations on MGC solely for your personal, non-commercial use.

Termination of License: If you violate any of these Terms of Service, your permission to use the content of this Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.

5. LINKS TO OTHER WEB SITES

This Site may contain links to third party web sites (“Third Party Sites”). We do not endorse the content on Third Party Sites. The links are provided for your convenience only. We have no control over the content on Third Party Sites; therefore, we are not responsible or liable for any content, advertising or products on or available from such Third Party Sites. You further acknowledge and agree that MGC is not responsible or liable, either 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 Third Party Site.

6. DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER MGC NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES MGC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT MGC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

MGC IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER MGC NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS SITE; (ii) THE DELAY OR INABILITY TO USE THIS SITE; AND (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. UNSOLICITED IDEAS

MGC does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, MGC’s property. None of the information will be treated as confidential or proprietary, and MGC shall not be liable for any use or disclosure of such information. MGC shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information. Ideas submitted by you either pursuant to a written artist agreement between you and us, signed by a duly authorized officer of MGC, or expressly solicited by us (for instance via our website), shall be subject to the terms stated in such agreement or solicitation.

9. GENERAL LEGAL PROVISIONS

Reservation of Rights. MGC reserves the right to make any changes to the Site in its sole discretion without notice to users. MGC reserves the right to deny or block access to the Site to anyone at any time and to terminate this agreement at any time without notice in its sole discretion.

Indemnification. You agree to defend, indemnify, and hold MGC and its affiliates, employees, contractors, officers, trustees, and other third parties assisting in the operation of the Site harmless from all claims, liabilities and expenses (including attorneys’ fees) that may arise from your use of the Site or from your breach of this Terms of Service agreement.

Applicable Law and Jurisdiction. The Site is controlled and operated by MGC from its offices in and around El Paso County, Colorado. This Terms of Service agreement is governed and controlled by the laws of the State of Colorado. By accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of El Paso County, Colorado. You consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than El Paso County, Colorado, you will be responsible for compliance with all local laws of such other locations. A printed version of this agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.

Questions or comments regarding this Site, the Terms of Service and/or Privacy Policy should be sent via e-mail to our Web Master: communications@Malemark.com, or by U.S. mail to Malemark Greeting Cards ATTN: Corporate Communications Department, P.O. Box 123, Monument, CO 80928.