(The legal bit...)

The following is a legal agreement between Ekoni, a UK Company ("Ekoni," "we," "us," or "our") and "you," the user of this Site.

By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.

Ekoni hereby grants you a limited license to copy and use the materials, features, and services provided by Ekoni on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.

The images, photographs, products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Ekoni or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Ekoni or any third party.

Copyright Information: All of the Material available on the Site is copyright ©2006, Ekoni, or used under license.

Ekoni has adopted the following Acceptable Use Policy in order to assure that its eCards are used in a lawful and appropriate manner. While Ekoni does not ordinarily monitor the content of users' eCards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

• sending harassing, abusive, or threatening messages;
• sending obscene or pornographic messages or images;
• sending defamatory or libelous messages;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• attempting to conceal or misrepresent the identity of the sender.

Violations of the Ekoni's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional eCards on the service. Ekoni reserves the right in its sole discretion to disclose to third parties, including eCards recipients, their counsel, and/or law enforcement authorities, relevant information about a communication, including, but not limited to, the sender name, account information, member and cookie numbers, transmission data, past and subsequent service use, and any other information deemed necessary by Ekoni to address past violations of the acceptable use policy and to prevent future violations. These disclosures may be made with or without prior notice to you. By using the service, you irrevocably consent to such disclosures.

You may not use this Site to send online eCards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Ekoni reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our partners exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither Ekoni nor its partners make any representations or give any warranties with respect to any information contained in or at these other sites and neither Ekoni nor its partners shall be liable for any damages or injury arising from the content of these other sites. Neither Ekoni nor its partners endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

Ekoni may allow you to create your own eCards by uploading your own photos, artwork and other materials in the future. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.

When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital eCard; however, we may also use such material in the course of performing testing, training and/or archiving of our and our partners' systems and hereby expressly reserve the right to do so.

The materials, information, and services provided on this site are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. There is no warranty against interference with your enjoyment of any materials, information, or services (including, but not limited to, any data, text, images, sounds, or computer programs (including collections and compilations of them)) or against infringement. The materials available on the site are subject to change without notice.

You recognise that the Ekoni Service may, from time to time, be adversely affected by events outside our control.

Ekoni is not responsible for any failure of eCards sent through the service to reach their intended recipients or to reach such recipients on the date or time specified by the sender. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the service and will take all reasonable steps at our expense to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the service. We will not be liable for any partial or complete failure in the transmission or receipt of SMS text messages or electronic mail messages. We do not warrant that this service shall be uninterrupted or error free. Ekoni is not responsible for messages delayed by network providers speed of delivery.

Neither Ekoni nor any of its officers, directors, employees or partners shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or legal fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided at the site, even if Ekoni has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Ekoni and its partners' aggregate liability shall not exceed any sums paid pursuant this agreement.

Neither Ekoni nor its partners takes any responsibility or assumes any liability for any content uploaded or otherwise transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using the site. You agree to hold harmless Ekoni and its partners and parties with whom Ekoni has contracted for purposes of hosting or maintaining this site from all claims based upon communications or materials made available by you on the site.

Neither Ekoni nor its partners make any representation that Materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws.

You hereby indemnify, defend and hold harmless Ekoni and its partners, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Ekoni reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

In the event Ekoni determines, in its sole discretion, that you have violated these Terms, Ekoni shall have the right to immediately delete any eCards you have created, terminate your account (with or without refund), refuse membership, or block the sending or receipt of eCards from our Site, and/or pursue any other remedies available to it under applicable law.

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the United Kingdom.

Ekoni shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.