Terms of Use for Online Postcards

with PhiladelphiaLiving.com

BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

SERVICE PROVIDED

IDEA COMMUNICATION NETWORKS, INCORPORATED, via its PhiladelphiaLiving.com website, will provide the service of creating and hosting, for 30 days, an online postcard, sent by the SENDER (you) to a person known by the SENDER (hereafter called the RECIPIENT), for the purpose of friendly communication.

The postcard will be created using images owned by IDEA COMMUNICATION NETWORKS, INCORPORATED. Usage of these images is provided to you free of charge, but ownership of these images still belongs to IDEA COMMUNICATION NETWORKS, INCORPORATED. These images may not be used in any other manner, including personal or commercial ventures, by either the SENDER or the RECIPIENT, without prior written consent by IDEA COMMUNICATION NETWORKS, INCORPORATED.

Use of the Online Postcards service is subject to the terms of this agreement, as well as the terms of the PhiladelphiaLiving.com visitor agreement and disclaimer.

IMPROPER USE

Improper communication includes explicit or obscene language and/or language that encourages or promotes intolerance, discrimination, or exploitation of or towards anyone, including, but not limited to, people or groups of any race, color, sex, age, creed or religion, lifestyle, or background. The term improper communication shall also apply to any illegal, abusive, or unethical activity, including, but not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses as determined by IDEA COMMUNICATION NETWORKS, INCORPORATED. The term improper communication shall also apply to bulk e-mailing, spamming, and other forms of unsolicited advertisements or commercial activity. Providing the web address (URL) of a website that hosts, promotes, or advocates improper communication, as defined above, shall itself be considered improper communication.

Any postcards found using improper communication shall be considered a violation of the terms of this agreement, and are subject to immediate deletion, without prior notice, and are also subject to potential legal action against the SENDER of the postcard. The SENDER agrees to indemnify and hold IDEA COMMUNICATION NETWORKS, INCORPORATED harmless from any claim resulting from the SENDER's use of improper communication. Furthermore, the SENDER shall be liable to IDEA COMMUNICATION NETWORKS, INCORPORATED for any and all damages caused as a result of the SENDER's use of improper communication.

RECIPIENTs of such improper communication are advised to contact IDEA COMMUNICATION NETWORKS, INCORPORATED immediately, so proper measures can be taken. However, IDEA COMMUNICATION NETWORKS, INCORPORATED shall be held harmless from any claim resulting from the SENDER's use of improper communication.

LIABILITY

The CUSTOMER, whether SENDER or RECIPIENT of the postcard, agrees that IDEA COMMUNICATION NETWORKS, INCORPORATED shall have no liability for the services, data or information provided on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

The CUSTOMER, whether SENDER or RECIPIENT of the postcard, agrees that it shall not hold IDEA COMMUNICATION NETWORKS, INCORPORATED liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service or deletion, intentional or accidental, of the postcard.

IN NO EVENT SHALL IDEA COMMUNICATION NETWORKS, INCORPORATED'S LIABILITY EXCEED THE TOTAL VALUE PAID TO IDEA COMMUNICATION NETWORKS, INCORPORATED BY THE CUSTOMER.

REPRESENTATION AND/OR WARRANTIES

IDEA COMMUNICATION NETWORKS, INCORPORATED makes no representations and cannot guarantee that the SENDER's message does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The CUSTOMER, whether SENDER or RECIPIENT of the postcard, shall not hold Idea Communication Networks, Inc. liable for any damages, injuries or losses incurred by the CUSTOMER as a result of any action instituted by a third party.

SECURITY

The CUSTOMER, whether SENDER or RECIPIENT of the postcard, understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. IDEA COMMUNICATION NETWORKS, INCORPORATED MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL IDEA COMMUNICATION NETWORKS, INCORPORATED BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL IDEA COMMUNICATION NETWORKS, INCORPORATED'S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN IDEA COMMUNICATION NETWORKS, INCORPORATED AND CUSTOMER.

APPLICABLE LAWS

The CUSTOMER, whether SENDER or RECIPIENT of the postcard, will ensure that its use of the Internet and any service provided by IDEA COMMUNICATION NETWORKS, INCORPORATED to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortious interference with business, invasion of privacy, and pornography*. In the event that CUSTOMER violates this provision, IDEA COMMUNICATION NETWORKS, INCORPORATED shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle IDEA COMMUNICATION NETWORKS, INCORPORATED to terminate immediately without prior notice.

* It shall be within the sole discretion of IDEA COMMUNICATION NETWORKS, INCORPORATED to deem material as pornographic or inappropriate.

LEGAL ACTION

The CUSTOMER, whether SENDER or RECIPIENT of the postcard, agrees to indemnify and hold IDEA COMMUNICATION NETWORKS, INCORPORATED harmless in any legal action which arises as a result of CUSTOMER's use of IDEA COMMUNICATION NETWORKS, INCORPORATED services, without limitation or exception including, but not limited to, any action brought against CUSTOMER by a third party.

JURISDICTION AND GOVERNING LAW

The laws of the State of Pennsylvania shall govern this Agreement and jurisdiction shall lie within the State of Pennsylvania.

The CUSTOMER, whether SENDER or RECIPIENT of the postcard, HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF PENNSYLVANIA.

HEADINGS

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

MODIFICATION

The terms and conditions of this Agreement may be modified at the discretion of IDEA COMMUNICATION NETWORKS, INCORPORATED without prior notice to the CUSTOMER.

INTEGRITY OF INFORMATION

The CUSTOMER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Waiver

While all due care will be exercised, neither IDEA COMMUNICATION NETWORKS, INCORPORATED, nor any of its principles or employees will be held responsible or liable for the content of any web pages designed and produced by them. It is the responsibility of our client, the postcard SENDER, to ensure that any and all content does not contravene any law or statute.

PhiladelphiaLiving.com: Online Postcards: Terms of Use