Terms and Conditions

(Last modified on 10/05/2009)

Welcome to ENTRECARD.com. ENTRECARD.com and its related services (the "Site") are owned and operated by ENTRECARD.COM, INC. ("ENTRECARD" "we" or "the Company"). PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. Before you begin using ENTRECARD.com, you must carefully read and agree to the following terms and conditions as set forth in this Terms of Use Agreement and any future amendments (collectively, "Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes on this page and will indicate date the these terms were last modified. Please refer back to this Agreement regularly and review the most up-to-date version.

By using or accessing the Site, you signify that you have read, understand and agree to be bound by the Agreement. Your continued use of the Site after any changes to the Agreement have been made and posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.
If you have any questions or concerns about our Terms of Use, please e-mail us at: support@entrecard.com.

Your status as a website participant ("Participant") in the Entrecard, Inc. ("Entrecard") Entrecard Program ("Program") is governed by the following Terms and Conditions:

1. You agree to provide accurate, current and complete information upon registration on the Site, to maintain and promptly update your registration information, and to maintain the security of your password. You may not register or set up an account on behalf of another individual or entity unless you are authorized to do so.
   
   You understand and agree that you will be responsible for all activities occuring under your account. You further agree that you will be solely responsible for your own use of the Site, for any posts you make, and for any consequences resulting therefrom. The Company has no responsibility to you or to any third party for any content or material that you post, transmit, or share on the Site and the consequences of your actions in using the Site. You agree that you will use the the Site in compliance with all applicable local, state, national and international laws, rules and regulations.
   
   You represent, warrant and agree that no content or materials of any kind posted, transmitted, or shared by you on the Site will violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) or contain unlawful, harmful, threatening, abusive, inflammatory, harassing, vulgar, obscene, hateful, defamatory, libelous, or fraudulent material. The Company may, but is not obligated to, review the Site and may delete or remove any content without notice.
   
   You further represent, warrant and agree that you will not use the Site in any manner that could damage, disable, overburden or impair the Site.
   
   
2. Participant understands and agrees, as consideration for participating in the Program, Entrecards reserves the following rights:
   1. The Company may, in its sole discretion, terminate your account, delete your profile and any content or information that you have posted on the Site or prohibit you from using or accessing the Site for any reason, or no reason, at any time, with or without notice.
   2. Active users must have the Entrecard widget on their website at all times. Failure to do so could result in an account deletion. Deleted accounts will no longer have access to our dashboard, lost of all contacts made via Entrecard, and a lost of any/all Entrecard credits in your account.
   3. Entrecard reserves the right to use a percentage of the network's ad inventory to serve sponsor ads.
   4. Entrecard does not represent or endorse any website participating in our service. It is your sole responsibility to examine sites wishing to run their card on your widget(excluding sponsors), and decide for yourself whether you want to link to their site through the widget. We are not responsible for the content of any website you may visit through an Entrecard you receive.
   5. We make no guarantee to the availability of advertising or the availability of Entrecard credits. We reserve the right to adjust the credits in the economy as a whole, as a percentage increase or decrease equally across the entire network. Entrecard credits can not be redeem for cash.
   6. By submitting an image to Entrecard for inclusion in our service, you grant Entrecard a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the image.
      
      
3. Entrecard reserves the right to modify, amend or terminate, the Program at any time, including but not limited to changing the requirements of participation in the Program.
   
   
4. You understand and agree that the services provided by the Site are on an AS IS and AS AVAILABLE basis. Because we attempt to constantly improve the Site, the related services may change from time to time. The Company reserves the right to modify, suspend or discontinue the Site with or without notice at any time, and disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site. You agree that the Company has no responsibilty or liability for the deletion of, or the failure to store or to transmit, any information or user content.
   
   
5. Participant (whether a publisher, sponsor, advertiser or otherwise) warrants, represents and agrees that it shall not submit, contribute, or make available through the Program, or use the Program in connection with, any content that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party. As a publisher, Participant shall not authorize or encourage any third party to (i) edit, modify, filter or change the order of the information contained in any advertisement, or remove, obscure or minimize any advertisement in any way; (ii) redirect an end user away from any Web page accessed by an end user after clicking on any part of an advertisement ("Advertiser Page"), provide a version of the Advertiser Page different from the page an end user would access by going directly to the Advertiser Page or intersperse any content between the advertisement and the Advertiser Page; and/or (iii) display any advertisements on any error page, registration or "thank you" page (for example, a page that thanks a user after he/she has registered with the applicable website). Entrecard reserves the right to terminate Participant's right to participate in the Program or for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Entrecard is concerned that Participant may have breached the terms of this paragraph or the Agreement), or for no reason at all.
   
   
6. This Agreement is void where prohibited by law, and the right to use the Program and access the Entrecard site is automatically revoked in such jurisdictions. As a condition to using the Services, Participant may be required to register with Entrecard and select a password and Participant name ("Entrecard User ID"). Participant shall provide Entrecard with accurate, complete, and updated registration information. Participant may not (i) select or use as an Entrecard User ID a name of another person with the intent to impersonate that person; (ii) use as an Entrecard User ID a name subject to any rights of a person other than Participant without appropriate legal authorization; (iii) register for the Program using more than one Entrecard User ID. Entrecard reserves the right to refuse registration of, or cancel an Entrecard User ID in its sole discretion. Participant shall be responsible for maintaining the confidentiality of Participant's Entrecard password.
7. 
   Eligibility -The Site is intended solely for users who are 13 years of age or older. Use of or access to the Site by anyone under 13 is unauthorized and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 13 years of age or older and that you agree to be bound and to abide by all of the terms and conditions of this Agreement.
   
   
8. NO WARRANTY. ENTRECARD MAKES NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION, ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING NONINFRINGEMENT.
   
   
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENTRECARD BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTIAL, OR PUNITIVE DAMAGES, INCLUDING LITHOUT LIMITATION, LOST BUSINESS, LOST PROFITS, COVER, REVENUE, GOODWILL, OR OTHER RELATED DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EVEN IF ENTRECARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENTRECARD'S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID TO PARTICIPANT FOR THE SERVICES THAT CAUSED THE DAMAGES.
   
   
10. DISCLAIMER. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR
    
    
11. Indemnity. Participant shall indemnify, defend and hold Entrecard, its parent, subsidiaries, Participants, and its/their officers, directors, employees, agents, representatives, and customers, harmless (including court costs and reasonable attorneys' fees), from any and all claims or demands made by any third party due to or arising out, by way of example and not of limitation, of Participant's access to the ENTRECARD website, use of the Program, the violation of this Agreement by Participant, or the infringement by Participant of any intellectual property or other rights of any person or entity.
    
    
12. Participant represents and warrants that (i) Participant is the owner of each website Participant designates in connection with the use of the Program or that Participant is legally authorized to act on behalf of the owner of such website for the purposes of this Agreement, and (ii) Participant has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Participant hereunder. Participant further represents and warrants that each of Participant's websites and any material displayed therein: (a) comply with all applicable US, and foreign, if applicable, laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content.
    
    
13. Participant and Entrecard are both independent contractors and neither party shall be, nor represents itself to be, the agent, representative or partner of the other party for any purpose whatsoever. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
    
    
14. Except for a breach of confidentiality, prior to either party commencing any legal action under this Agreement, the parties agree to try, in good faith, to settle the dispute amicably between them. If after 30 days, the dispute has not been settled to the satisfaction of both parties, then the parties agree to engage a third party mediator (i.e. Alternative Dispute Resolution) to help settle the matter. The mediation will be held at a Los Angeles, CA and each party will be responsible for their own costs and expenses, except that the costs of the mediation will be shared equally between the parties.
    
    
15. We are committed to protecting the privacy and security of the users of the Site. By using or accessing the Site, you are accepting the practices described in the entrecard.com Privacy Policy.
    
    
16. This Agreement is the complete and exclusive statement of the understandings of the parties relating to the subject matter of this Agreement, and supersedes and cancels all previous written and oral agreements, communications and other understandings. All modifications to this Agreement or any addendums(s), or exhibits, must be in writing and signed by both parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further or future rights hereunder. Entrecard shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause or causes beyond Entrecard's control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Participant except with Entrecard's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of laws provisions. Both parties hereto consent to the sole and exclusive jurisdiction and venue of the courts of the County of Los Angeles, in the State of California.