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Terms of Use

Agreement between User and Favrille

Welcome to Favrille's web site. Favrille's web site is comprised of various web sites and web pages operated by Favrille or its business partners ("Partners"). These include: www.favrille.com as well as other web sites we may add in the future (collectively the "Favrille Sites").

With respect to your access and use of the Favrille Sites, Favrille provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated by Favrille from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.

In addition, when using particular Favrille web sites or services, you and Favrille shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and indicate such agreement by any access or use of Favrille Sites and services (the "Agreement"). If you do not agree to these TOU, do not access and use the Favrille Sites and services.

  1. Permitted Use. Subject to these TOU, Favrille hereby grants you the right to access and use the Favrille Sites solely for the following purposes: (i) if you are accessing the Favrille Sites as an individual, then any and all use of the Favrille Sites is for your personal, non-commercial use only; or (ii) if you are accessing the Favrille Sites on behalf of a business entity, then any and all use of the Favrille Sites must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with Favrille. Favrille retains all rights with respect to the Favrille Sites except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Favrille Sites unless specifically authorized in writing by Favrille to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Favrille Sites. Such framing is strictly prohibited under this Agreement. The content and software on the Favrille Sites are the proprietary property of Favrille and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. Favrille and FavId are trademarks of Favrille. The names of actual companies and products listed on the Favrille Sites may be the trademarks of their respective owners.

  2. Links to Third Party Sites. The Favrille Sites may contain links or produce search results that reference links to third party web sites ("Linked Sites"). Favrille has no control over these Linked Sites or the content within them. Favrille cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Favrille does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Favrille Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Favrille for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at webmaster@favrille.com, and we will investigate the link and take appropriate action.

  3. No Unlawful or Prohibited Use. As a condition of your use of the Favrille Sites, you warrant to Favrille that you will not use the Favrille Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Favrille Sites in any manner which could damage, disable, overburden, or impair the Favrille Sites or interfere with any other party’s use and enjoyment of the Favrille Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Favrille Sites.

  4. Privacy and Disclosure of Information. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the Favrille Sites, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the Favrille Sites, you authorize us to use and allow others to use, distribute, and reproduce the content.

    Favrille reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Favrille’s sole discretion.

  5. Ownership of Submitted Content. You agree that any and all information and content that you provide to the Favrille Sites becomes the exclusive property of Favrille, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Favrille upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

  6. Warranty Disclaimer. Favrille does not promise that the Favrille Sites will be error-free, uninterrupted, nor that the Favrille Sites will provide specific results from your use of any content, search or link on them. The Favrille Sites and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Favrille does not warrant or represent that files you download from the Favrille Sites will be free of viruses or other harmful features. FAVRILLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

  7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL FAVRILLE, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE FAVRILLE SITES. IN NO EVENT SHALL FAVRILLE’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF FAVRILLE’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE FAVRILLE SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO FAVRILLE FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).

  8. Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Favrille Sites in accordance with these TOU.

  9. Indemnity. You agree to indemnify and hold Favrille and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  10. Designated Agent For Alleged Copyright Infringement. Favrille respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Favrille Sites has been copied in such as way to constitute copyright infringement, please contact our Designated Agent below:

    Tamara A. Seymour, CPA
    Favrille, Inc.
    10445 Pacific Center Court
    San Diego, CA 92121
    (858) 526-8000
    tseymour@favrille.com

  11. General. This Agreement shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Favrille may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Favrille’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.

 

Privacy Policy

Favrille, Inc. respects your privacy and we are committed to protecting it. We recognize your need for appropriate protection and management of the personal information we learn about you while you visit our Web Site. This privacy policy lets you know how we use and protect that information. The information that we receive depends on what you do during your visit, and what service(s) you request.

Purpose and Scope

This privacy policy discloses what information we gather about you when you visit our Web Site. It describes how we use that information and how you can control it.

Effective Date

This policy is effective as of November 1, 2006.

European Union Users

YOU EXPRESSLY CONSENT TO FAVRILLE'S PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY FAVRILLE IN THE COUNTRY WHERE IT WAS COLLECTED AND IN THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

IF YOU REPRESENT AN ORGANIZATION, YOU WILL BE RESPONSIBLE TO ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL INFORMATION MAY BE PROVIDED TO FAVRILLE HAS GIVEN HIS OR HER EXPRESS CONSENT TO FAVRILLE'S PROCESSING OF SUCH PERSONAL INFORMATION.

Information Favrille Gathers and Tracks

Favrille collects two kinds of information about visitors: 1) data that visitors volunteer by signing up to receive news or requesting information; and 2) aggregated tracking data we collect when visitors interact with our Web Site.

Personal Information

When you request information or submit feedback, we may need to ask you for personal information such as your name, address, email address and telephone number. We do not send you information unless you request it or we believe that the information would benefit your business needs. If you do not want to receive further information from us, simply contact us at the email address listed in the Feedback; Removal from Contact List section below, and request to be removed from the contact list. Once we receive your request, we will use commercially reasonable efforts to remove your name from the contact list. If you wish to update any of your personal information, please contact us at such email address, and we will use commercially reasonable efforts to update your contact information accordingly. Please be aware, however, even if we update your personal information in our contact list, or we remove such information, it may still be stored in other databases (including those kept for archival purposes) and may still be used to compile aggregated or demographic information for supply to third parties in accordance with this privacy policy. It is our policy to not provide information that identifies you personally to a third party without your permission, except to process or fulfill your requests, or as otherwise set forth in this privacy policy.

Non-Identifying Information

We may collect information about our visitors, customers, page views, traffic patterns and related site information. This information helps us evaluate and improve our site and is sometimes useful for marketing and investment analysis. We may share this information with third parties, but only in aggregate statistical form that includes no personally identifying information.

Use of "Cookies"

Cookies are small files that many web sites place on your hard drive that allow such web sites to identify you. The use of cookies is a standard and common practice of many web sites. For example, if you allow a site to remember your login name or password, the site places a cookie on your computer. We may place cookies on your computer to allow us to identify you during future visits to our Web Site. We may use cookies to measure Web traffic, to offer you certain services and to customize your visit. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you to do so. In many browsers, you can change the browser settings to warn you before accepting cookies or to block cookies. If you block cookies, you may not be able to use certain site features or functions, or the Web Site may not operate in an optimal mode.

Security

We use reasonable security procedures to protect the information you share with us from unauthorized access or disclosure.

Privacy Protections for Children

Our Web Site is not directed at children. Therefore, we do not wish to receive, nor do we knowingly collect, personal information from minors.

Linked Sites

Our Web Site may link to other web sites not controlled by Favrille. Although we try to be careful in the selection of our strategic service and technology partners, we are not responsible for the privacy or security practices of any other web sites, and you acknowledge and agree that any use of such other web sites is entirely at your own risk. You should carefully review the privacy and security practices of the other web sites before you provide such web sites with any of your personal information.

Other Disclosures

Although your privacy is very important to us, due to the existing legal, regulatory, technical and security environment, we cannot fully ensure, nor do we represent or warrant, that your private communications and other personal information will not be disclosed to third parties. For example, we may be required to disclose your personal information to the government or other third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to) disclose any information about you (including personal information) to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In all instances, we will cooperate fully when required by law to provide information regarding visitors.

Changes to the Privacy Policy

We reserve the right to change this privacy policy at any time. If we update this privacy policy, we will place a notice on our Web Site indicating such update. You are responsible to review the updated privacy policy so that you are aware of our then-current privacy practices. If you object to any such changes, you must cease using our website. Continued use of our website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Feedback; Removal from Contact List

If you have a question or comment about the Favrille Web Site, or wish to update your contact information or be removed from our contact list, please email us at webmaster@favrille.com.

Transfer of Information

Notwithstanding anything expressed or implied in this privacy policy, in connection with an assignment, sale, joint venture or other transfer or disposition of some or all of the assets of Favrille Inc., or its affiliated entities, you agree that we can accordingly assign, sell, license or transfer any information, including personal information, that you have provided to us to those third parties directly involved in the transfer or disposition of such assets.

Incorporation

This Privacy Policy is incorporated into and made part of the Favrille, Inc. Web Site Terms of Use, which can be found at the Privacy Section.

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