TERMS OF SERVICE
BE FOREWARNED - This is a family-friendly site. We reserve the right to remove
any message containing sexual, violent, or inappropriate content, including, but not limited to,
curse words, anti-religious, defamatory words, or suggestive words,
with or without a refund. Messages which are unpatriotic and/or offensive to the
military, their families, their country, or their leaders, will be removed with
no refund.
1. Acknowledgment and Acceptance of Terms of Service and Conditions
MessageintheForest.com (the Website) is operated under the Terms of Service and
Conditions contained in this document (referred to as Terms of Service). By
completing the registration, sign-up form, and/or by the use of this site, you
are indicating your agreement to be bound by all the terms and conditions set
forth below. Your agreement to these Terms of Service constitute a binding
contract between you and Post It In Pixels, LLC (the Company).
Before purchasing pixel space, and/or uploading text, photos, graphics, drawing,
artwork or other media (your Message) to our site, carefully read the following
terms and conditions of use. If you agree to the terms as they have been
written, click on the "I accept" button to continue.
2. Privacy Policy
The Company respects your privacy. The Company will not sell your e-mail address
or any of your other personally identifiable information.
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3. Description of Service
The purpose of this site is primarily to post special messages to loved ones and
friends. Your Message is allowed if the user's motives are in accord with this
purpose. Your permissible uses include:
1. To post a sentimental message to a loved one or friend.
2. To make a marriage proposal or to make a social invitation to a person or
group.
3. To congratulate a loved one, friend or acquaintance.
4. To celebrate special occasions such as birthdays, anniversaries, weddings,
births, retirements and other special days or achievements.
5. To honor a hero, member of the military or anyone you believe deserves a
tribute.
6. To post a memorial or pay homage to a deceased.
7. To post tributes to a special pet.
Since the Website is a family-friendly site, the Company reserves the right to
reject unsuitable or pornographic or violent text, images or graphics.
Unsuitable text, images or graphics for this family-friendly site include
profanity, anti-religious, unpatriotic, defamatory words, or anything of sexual
content, suggestive terms or words, as well as pornographic, and/or nude photos
as well as photos of a sexually suggestive or overly violent content.
You are solely responsible for the content of information you display or post on
this site.
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4. Public Viewing & Granting of Intellectual Property Rights
Be aware that, if approved for publication, your Message will be displayed to
the public.
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5. Copyright Protection
All your Message content must belong to you; all rights in uploaded photos must
be belong to you. All graphics must either be your original property, or public
domain graphics. Any graphics uploaded without permission of the original
artists are strictly prohibited.
6. Our Copyright
7. Advertising
8. Limitations of Liability
9. Your Conduct
10. Maintenance of your Message
11. No Warranty
12. Indemnification
13. Choice of Law
14. ENTIRE AGREEMENT
These Terms of Service contain the entire agreement between you and the Company.
No verbal agreement shall be considered a part hereof. All prior representations
of the Company, if any, are merged into this agreement. All verbal
modifications, amendments or additions to this agreement shall be void and of no
force or effect.
IF YOU AGREE TO THE TERMS ABOVE AND WOULD LIKE TO UPLOAD YOUR TEXT,
MESSAGE, PHOTO(S) AND/OR GRAPHICS, CLICK IN THE "I AGREE" FIELD BELOW AND
ENTER OR SUBMIT IT TO CONTINUE.
IF NOT, CLICK IN THE "I DO NOT AGREE" FIELD AND ENTER AND YOU WILL BE
TAKEN BACK TO THE HOME PAGE.
More Detailed Explanations for Above Legal:
2b. Privacy Policy
The Company respects your privacy. The Company will not sell your e-mail address
or any of your other personally identifiable information. Upon registration your
e-mail address is collected for billing and customer service purposes only. Spam
is never endorsed by the Company. The Company does not endorse or tolerate
unsolicited sales e-mails through our automated contact forms. Our e-mail
newsletters are sent to those who subscribe on a volunteer, opt-in basis.
However, when the Company contacts you directly, you will not consider such
contact unsolicited e-mail.
3b. Description of Service
You are solely responsible for the content of information you display or post on
this site. You will not post or transmit any item that is defamatory, abusive,
obscene, profane, offensively sexually-oriented, threatening, harassing,
racially offensive or illegal, or any material that infringes or violates
another’s rights (including, but not limited to intellectual property rights and
rights of privacy and publicity). Posting of sexually explicit photos is
strictly forbidden. The Company reserves the right to reject or remove any items
it deems unacceptable in its sole and absolute discretion. The Company's staff
will review any apparent violations of these rules on a case by case basis.
Decisions made by the owners and staff regarding these issues are final. The
Company may remove content it deems to violate these rules without notice and
without refund.
4b. Public Viewing & Granting of Intellectual Property Rights
Be aware that, if approved for publication, your Message will be displayed to
the public. By uploading your Message, you grant the Company a perpetual,
royalty-free license to use, reproduce, modify, publish, distribute, and
otherwise exercise all copyright and publicity rights with respect to your
Message at its sole discretion, including storing it on the Company's servers
and incorporating it in other works in any media now known or later developed
including without limitation published books. In any further publications of
your Message, the Company will not include any of your personally identifiable
information, except to the extent such information is contained in the Message
itself.
6b. Our Copyright
Unless otherwise noted, all photos, graphics, text, and all other media
appearing on the Website are Copyright 2006 the Company. All Rights Reserved. No
content or photos may be copied or used without written permission from the
author or artist who holds copyright of their work. Do not copy other peoples
pictures or text without their permission.
7b. Advertising
The Company may advertise, but will not advertise on our Posters sites. The
Company does not allow intrusive advertising such as pop-ups or pop-unders. The
Company reserves the right to change advertising on the site at any time.
8b. Limitations of Liability
The Company shall not be liable for any direct, indirect, incidental, special or
consequential damages resulting from your use or your inability to use the
service or for messages received or transactions entered into through the
service or resulting from unauthorized access to or alteration of posters
transmissions or data, including but not limited to damages for messages
received by an individual or messages or images posted.
9b. Your Conduct
You are solely responsible for the contents of your transmissions through the
Website. Your use of the Website is subject to all applicable local, state,
national and international laws and regulations. Therefore, you agree:
(1) to comply with all applicable United States laws regarding the transmission
of technical data exported from the U.S. through the Website;
(2) that you shall not use the Website for illegal purposes;
(3) that you shall not interfere or disrupt networks connected to the Website;
and
(4) that you shall comply with all regulations, policies and procedures of
networks connected to the Website.
The Website makes use of the Internet to send and receive certain messages;
therefore, your conduct is subject to Internet regulations, policies and
procedures. You may not use the Website to send chain letters, junk mail or spam
(unsolicited bulk email). In addition, you may not transmit or post through the
Website any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature. You
further agree not to transmit or post any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems are
prohibited.
10b. Maintenance of your Message
Your Message is a permanent mark in cyberspace. It is the intention of the
Company to maintain your Message on the Website for as long as the Website
remains on-line. The Company agrees to act in good faith towards fulfilling the
goal of keeping your Message permanent. However, the Company shall not be liable
for your Message being lost, removed or deleted due to circumstances beyond the
control of the Company. Further, you understand and agree that the Company may
delete or remove your Message should the Company determine in its sole and
absolute discretion that your Message must be deleted or removed due to storage
capacity limitations or other hardware, software, or technical
11b. No warranty
The Company makes no warranties of any kind regarding the Website or your use of
the Website. You agree that the service provided by the Company is accepted
as-is and with all faults. The Company expressly DISCLAIMS ALL WARRANTIES
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE.
12b. Indemnification
You agree to indemnify and hold the Company, its officers, directors, employees,
volunteers, subsidiaries, affiliates, successors and assigns, harmless from any
third party claim or demand, including reasonable attorneys' fees, made in
connection with or arising out of your use of the Website, your violation of the
Terms Of Service, or the infringement by you, or other users of the Website
using your membership, of any intellectual property, right of privacy or
publicity, or other right of any person or entity.
13b. Choice of Law
This Terms Of Service agreement shall be governed by and construed in accordance
with the laws of the United States of America, State of Michigan, excluding its
conflict of law provisions. Both you and the Company agree to submit to the
exclusive jurisdiction of the courts of the State of Michigan, United States of
America. Venue for any such actions shall be in the County of Livingston. If any
provision(s) of these Terms Of Service are held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. The Company's failure to exercise
or enforce any right or provision of the Terms Of Service shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by in
writing. You and the Company agree that any cause of action arising out of or
related to this Service must commence within one (1) year after the cause of
action arose; otherwise, such cause of action is permanently barred. By agreeing
to these Terms Of Service you certify that all information you supply to this
service is true and correct to the best of your knowledge.