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User Agreement
November 16, 2006 |
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| 1. |
Acceptance of Terms. To obtain full
access to the nobrainer, LLC
website, you must read the terms and conditions of service set forth
below (the "User Agreement") and agree to be legally bound
by the obligations imposed on you in this User Agreement. By clicking
the "I Accept" button, you accept the terms and conditions
of this Agreement. We may amend this User Agreement without notice
to you by posting the changes on our website, and changes will be effective
ten days after being posted. |
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| 2. |
Registered Users Limited. The postcard
printing and mailing services offered on this website are available
only to individuals age 18 or over who are residents of the United
States. We may refuse any or all of our services to anyone at any time,
in our sole discretion. |
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| 3. |
Retail Policies. Our Retail Policies
for purchasing nobrainer™
postcards and purchasing other products or services from nobrainer,
LLC on this website and our refund policy are available here and are
incorporated herein. All costs and taxes are quoted in U.S. dollars.
You must pay all applicable taxes on purchases made on our website.
We may in our sole discretion add, delete or change some or all of
the prices of our products and services at any time without notice.
You are subscribing to nobrainer, LLC online postcard design, printing
and mailing service that allows you to design, print and mail
postcards via the nobrainer™
postcard service.
Postcard credits may be purchased online using your credit card.
During the first thirty days after purchasing postcard credits, if
you are not satisfied with nobrainer™ services
for any reason, you may notify nobrainer,
LLC
customer support at support@nobraineronline.com and nobrainer, LLC
will refund to you (by crediting your credit card account) the purchase
price of any unused postcard credits remaining from that purchase. |
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| 4. |
Expiration Policies. Each time you
purchase, nobrainer,
LLC
will record the number of postcard credits you have purchased in your nobrainer™
account. You may then use nobrainer™ services,
including online storage of your personal images, use of postcard gallery
images and the online address book and other services, at no additional
charge, to design, print and mail postcards, until you have consumed
the number of postcards credited to your account, or two years elapses,
whichever occurs first. You will not receive any interest on the value
of any unused balances in your account.
If you do not print and mail the postcards credited to your
account within two years of the date of their purchase, your
right to use the balance of those postcard credits will expire
and they will be removed from your account. You will not have
any right to receive a refund for any of the expired postcard
credits. |
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| 5. |
Free Cards. From time to time nobrainer™ may
offer one or more "free cards"
to its visitors and members. nobrainer,
LLC reserves the right to cancel free cards that are not used within
90 days of issue. nobrainer,
LLC reserves the right to cancel free cards that are associated in
any way with incorrect user information including non-functional email
addresses. Generally, such free cards will be removed at about the
end of the month following expiration of the free card.
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| 6. |
nobrainer™ is
a Tool for Creating and Mailing Postcards. Other than when
you use an image or text supplied by us or our licensors, nobrainer™
will not be involved in any way with the design or creation of your
postcards. Except for postcards created by users before verification
of their user information (collectively "Nonverified Users"),
we will not routinely screen or review text or graphics before printing
and mailing postcards. We cannot nor do we try to control the content
of postcards created on our website, except postcards created by Nonverified
Users. You (whether or not you are a Nonverified User), are solely
responsible for and assume all liability arising from all postcards
that you and any other person using your Login ID and password print
and mail using the nobrainer™
website. If a third party notifies us of a problem postcard, or if
we become aware of a problem postcard created by you, we may review
the postcard and take any action with respect to the postcard that
we deem necessary in our sole discretion, including, but not limited
to, refusing to mail the postcard. The fact that we review a postcard
and allow the postcard to be mailed does not mean that: (1) we approve
or endorse the content of the postcard, (2) the postcard complies with
all applicable laws, or (3) you will not incur any liability or harm
arising from the postcard. |
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| 7. |
Return Address on Your Postcards. nobrainer™ will
automatically print a return address on every postcard that you create
using the nobrainer™ website.
The default return address is the billing address on your credit card
unless you modify your return address. It is a breach of U.S. Postal
Regulations to show a false return address on mail. |
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| 8. |
Your Content & Information. All
information, data, text, software, photographs, graphics video, messages
or other materials ("Content") you upload, post or create
using this website is solely your responsibility. You must evaluate
and bear all risks associated with the use of any of your Content and
mailing of your postcards. You represent and warrant to nobrainer,
LLC that:
(i) you and your authorized users have the full right, power, and authority
to perform any function with relation to the Content (including without
limitation uploading, posting, reproducing, distributing, publicly
displaying and making derivative works from the Content) that you or
they perform via the nobrainer™
website; (ii) your use and the use by your authorized users of the
Content does not and will not infringe any copyright or right of privacy,
violate any statutory or common law right; interfere with any intellectual
property or other proprietary rights of any third party; or contain
any matter that is libelous or otherwise in contravention of law; and
(iii) Your Information will be true, accurate, current and complete
at all times. All information you provide to us about yourself during
the registration process or through any other feature on this website
will be referred to as "Your Information." nobrainer,
LLC will only use Your Information in accordance with our Privacy Policy.
We act merely as a passive conduit for your online design, creation,
printing, and mailing of your Content, in reliance on your representations
and warranties in this User Agreement. |
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| 9. |
You Will Comply with All Laws. When
you use the nobrainer™
website in any way such as creating, printing and mailing postcards,
you will comply at all times with all applicable United States federal,
state and local laws, statutes, regulations, and ordinances and will
not take any action that harms or violates the rights of any person
or entity. If you mail a postcard outside the United States, you will
comply with the laws of the country to which the postcard is mailed. |
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| 10. |
nobrainer ™
Privacy Policy. We collect personal information on this website.
To learn more about how we use Your Information please see our Privacy
Policy, which is incorporated herein by reference and made a part
of this Agreement. We may collect and use Your Information as set forth
in our Privacy Policy. |
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| 11. |
nobrainer, LLC
May Cooperate with Third Parties. You authorize nobrainer,
LLC and
its vendors and contractors to cooperate with the U.S. Postal Service
and any U.S. or non-U.S. law enforcement or governmental agency, which
cooperation includes, but is not limited to, nobrainer,
LLC
voluntarily disclosing (i.e. without being subject to a lawful order
to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law
enforcement and/or governmental agency any or all of Your Information
and your Content. |
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| 12. |
Indemnity. You will indemnify and hold nobrainer,
LLC and its subsidiaries, affiliates, officers, shareholders, employees,
agents, printers, contractors, vendors, co-branders, suppliers, internet
service providers, and partners harmless from any loss, cost, claim,
demand or other harm of any kind, including reasonable attorneys’ fees,
due to or arising out of Your Information, your Content, your use of
this website, the use of this website by any person who uses this website
while logged on under your user name and password, postcards mailed
using your user name and password, your default under any provision
in this User Agreement, your violation of any laws and your violation
of any rights of another person. |
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| 13. |
Termination. nobrainer,
LLC in its sole discretion without notice to you, may: (1) terminate
your access to its website or your use of any feature of its website,
(2) remove and discard any of Your Information and your Content stored
on the website, or (3) refuse to mail any postcard and (4) terminate
this website, or any feature on the website. nobrainer,
LLC
will not be liable to you or any third-party for any suspension or
termination of your access to this website or your Content; except nobrainer,
LLC will refund to you any unused amounts credited to your account. |
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| 14. |
Links. This website may provide, or third parties
may provide, links to other World Wide Web sites or resources. nobrainer,
LLC is
not responsible for the availability of any external sites or resources
to which we hyperlink ("Linked
Sites"), and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available
from Linked Sites. nobrainer,
LLC will 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 content, goods or services available
on or through any Linked Sites. |
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| 15. |
nobrainer ™
Proprietary Rights. This website and any necessary software
used in connection with it ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. Content contained in sponsor advertisements
or information presented to you on this website may be protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by nobrainer,
LLC you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on this website or
the Software, in whole or in part. nobrainer,
LLC grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do 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. |
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| 16. |
Disclaimer of Warranties. Your use of this website
is at your sole risk. This website is provided on an "as is"
and "as available" basis. nobrainer,
LLC disclaims all warranties of any kind,
whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. nobrainer,
LLC makes no warranty that (1) the website will meet your requirements,
(2) the website will be uninterrupted, timely, secure, or error-free,
(3) the results that may be obtained from the use of the website will
be accurate or reliable, (4) the quality of any products, services,
information, or other material purchased or obtained by you through
this website will meet your expectations, and (5) any errors in the
Software will be corrected. Any material downloaded or otherwise obtained
through the use of this website is done at your own discretion and
risk and you are solely responsible for any damage to your computer
system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you
from nobrainer, LLC
or through or from this website shall create any warranty not expressly
stated in this user agreement. |
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| 17. |
Limitation of Liability. nobrainer,
LLC will not be liable 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 nobrainer, LLC has been advised of the possibility of
such damages), resulting from: (1) the use or the inability to use
this website; (2) the cost of procuring 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 this website; (3) unauthorized access to or alteration of
your transmissions or data; (4) statements or conduct of any third
party on this website; or (5) any other matter relating to this website.
Our liability, and the liability of our printers, suppliers, contractors
and vendors, to you or any third parties in any circumstance is limited
to the lesser of (1) the amount of fees you pay to us in the 12 months
before the action giving rise to liability, or (2) $100. |
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| 18. |
Notice. Notices from us to you and from you to us
may be given by either email or regular mail. Notice is deemed given
24 hours after an email is sent, unless the sending party is notified
that the email address is invalid. If we use the U.S. mail to send
you a notice, the notice will be deemed given 3 days after the date
of mailing. This website may also provide notices of changes to the
User Agreement or other matters by displaying notices or links to notices
to you generally on the website. |
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| 19. |
Copyrights. nobrainer,
LLC respects the intellectual property rights of others and we ask
our users to do the same. You should assume that all text, graphics
and images that you find on the World Wide Web are subject to a copyright.
In general, it is a violation of federal law to copy text, graphics
or images that are subject to a copyright and use the copyrighted material
on an nobrainer™ postcard
without the consent of the owner of the copyright. Before copying any
text, graphics or images, you must confirm that it is in the public
domain and not subject to a copyright or obtain the consent of the
owner of the copyright to use the material on an nobrainer™
postcard. You authorize nobrainer,
LLC to cooperate with copyright owners
who claim that you have infringed or may infringe their intellectual
property rights. This cooperation includes, but is not limited to taking
the following action without notice: disclosing Your Information and
your Content to the copyright owner or its agent and destroying all
alleged infringing material. Please refer to our Copyright
Policy. |
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| 20. |
General Information. No agency, partnership, joint
venture, employee-employer or franchisor-franchisee relationship is
intended or created by this Agreement. This User Agreement and the
agreements incorporated herein are the entire agreements between you
and nobrainer,LLC
and governs your use of this website. This User Agreement supercedes
any prior agreements between you and nobrainer,
LLC. You also may be subject to additional terms and conditions that
may apply when you use affiliate or other services, third-party content
or third-party software. The User Agreement and the relationship between
you and nobrainer, LLC will
be governed by the laws of the State of Nevada. You and nobrainer,
LLC
agree to submit to the personal and exclusive jurisdiction of the courts
located in Lancaster County, Nebraska. The failure of a party to exercise
or enforce any right or provision of this User Agreement will not constitute
a waiver of the right or provision. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. |
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| 21. |
Disclosures. This website is provided by nobrainer,
LLC, located at 8300 Cody Drive, Suite 100, Lincoln, NE, 68512.
If you are a California resident, you may have this same information
emailed to you by sending a letter to the foregoing address with your
email address and a request for this information. |
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| If you have any questions or comments about the User
Agreement, contact us at support@nobraineronline.com. |
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