Terms of Use
Last Updated 2009
This X-STREAM FISH PREPAID Internet Web Site Terms of Use (the 'Terms of Use') concerning the website www. missionaryphonecards.com ('Site') is between the party clicking 'accept' below and/or using the Site ('you') and X-STREAM FISH PREPAID ('we' or 'us'), with a principal place of business 13378 140th St, Edmonton, AB Canada T5L 2E3.
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
X-STREAM FISH PREPAID may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications, if you continue to use the website after they have been posted.
We agree to provide you access to Site in accordance with the Terms of Use.
You agree to use Site in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof. You agree to read these terms of use carefully before using Site. If you do not agree to the Terms of Use, you may not access or otherwise use Site.
Card printing proofs are provided by X-STREAM FISH PREPAID after purchase is made on Site. The art and text file supplied to X-STREAM FISH PREPAID will be forwarded to our trusted vender for artistic layout. Once the card is completed, it will be returned to X-STREAM FISH PREPAID, and will be forward to the client for printing proof. All correspondence of the art layout will be directed through X-STREAM FISH PREPAID. Once X-STREAM FISH PREPAID have received a print proof verification via email from our User X-STREAM FISH PREPAID hold the right to begin printing and filling the order. At the point of print verification X-STREAM FISH PREPAID return policy comes into effect. User will have the option of hiring the services of a third party artist to complete the art and text layout of the front side of the cards ordered. The printed cards may contain slight variations to structure, layout, color shade, depth, or style. All proofs are as close as humanly possible to the finished product in all aspects.
X-STREAM FISH PREPAID offer fundraiser phone cards to groups and churches for retail. The X-STREAM FISH PREPAID also prints fundraiser phone card products with long distance pin numbers, covered by scratch off overlay. Once a long distance pin number is instantly emailed to a User by X-STREAM FISH PREPAID it is considered a final sale. The pin numbers are a liquid electronic product, and therefore all sales of long distance pins via email delivery are final, no refunds, whole or in part will be granted.
ALL ARTICLES AND MATERIAL DISPLAYED BY US ON SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL.
X-STREAM FISH PREPAID does not represent or endorse the accuracy or reliability of any content, opinion, statement, or other information displayed or distributed through Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. X-STREAM FISH PREPAID reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Site.
The reasonable number of corrections or changes to art layout is a maximum of two. The maximum times the artist will handle the User's art will be three, once on original sending, and two corrections following the same. Any further changes required by User will be considered a new order of the third party vendor's services and charged at our regular rate for said service.
X-STREAM FISH PREPAID represents the third party trusted vendor only as a value added service, we do not employ directly, nor does the vender represent us in any way directly as a company.
The User understands that the purchase of third party vendor services is voluntary and is of their own judgment; we cannot be liable for other people's actions. We act as the middle man passing information from you to the third party vendor in the way of correspondence.
For example, fundraiser phone card products must contain the following in order for X-STREAM FISH PREPAID to print them.
Content that are posted are subject to review by X-STREAM FISH PREPAID, and shall be removed without prior notice, if in violation with the TOU. X-STREAM FISH PREPAID also reserves its right to cancel the User account and keep any monies owed to the User.
Any User granting permission to X-STREAM FISH PREPAID to use their printed card art, text, or layout in part or whole as a model understands that they are willing and agree that the information on the card sample displayed is of their own creation, design. Users have the right to use, display, own, and replicate said art, text etc. X-STREAM FISH PREPAID shall have the right to display the same on the site.
Users granting permission to X-STREAM FISH PREPAID to use their print proofing art, text, or layout in part or whole as a model understands that they are willing and agree that the information on the print proofing sample displayed is of their own creation, and design. Users have the right to use, display, own, and replicate said art, text etc. X-STREAM FISH PREPAID shall have the right to display the same on the site.
We hold no copyrights on our text or images, or any content displayed on this site. The third party vendor artist also holds no copyrights to any content, art text displayed on our site.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that X-STREAM FISH PREPAID shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that X-STREAM FISH PREPAID is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release links list, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You accept that Site is provided on an 'as is, as available' basis.
X-STREAM FISH PREPAID is not responsible for access by any users, neither the User nor minors, to objectionable or offensive information or data. You agree that use of the Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.
X-STREAM FISH PREPAID is not responsible for the information transmitted over the internet by the User as it is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet.
X-STREAM FISH PREPAID is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that X-STREAM FISH PREPAID has no control over third party networks or sites that the User may access in the course of use of Site, and that delays and disruptions of other network transmissions are completely beyond the control OF X-STREAM FISH PREPAID.
Site is intended solely for private and personal use on the user's computer. Any other use or any attempt to use Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that X-STREAM FISH PREPAID shall not be responsible for the same. Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.
You acknowledges that X-STREAM FISH PREPAID shall be the final decision maker of whether the User have violated the TOU in a manner that results in his suspension or permanent barring from participation in Site.
X-STREAM FISH PREPAID provides a toll free User service whereas abuse, shouting or swearing or any aggressive behavior is strictly prohibited.
X-STREAM FISH PREPAID provides Site as a platform for content posting and networking, but does not directly participate in, nor is it involved in any transactions.
X-STREAM FISH PREPAID is not responsible for any additions made by them on the advice of the Users. It is the sole responsibility of the User to verify all spelling, art content, permissions of use for images, logos, trade names, and trade marks, copyrights etc.
X-STREAM FISH PREPAID is not liable for the art text or images trade marks, logos or trade names etc. which is provided to X-STREAM FISH PREPAID by the User to print. X-STREAM FISH PREPAID print under their instructions and they hold all liability for the content, and use of said contents according to local laws etc
The User is responsible for shipment payment, tracking, insurance, delivery, condition of shipment upon arrival etc.
X-STREAM FISH PREPAID holds no copyrights on the text or images, or any content displayed on this site. The third party vendor artist also holds no copyrights to any content, art text displayed on our site.
No refund will be granted on card printing or product add-on's of any order after printing.
Our prices for each of our services varies from one another.
Our long distance rates change from time to time as do our prices on other products or services sold on our site.
X-STREAM FISH PREPAIDFISH PREPAID after purchase will have been listed / displayed on Site for the purchaser to see and agree to before purchasing.
X-STREAM FISH PREPAID all printed fundraiser phone cards are printed with X-STREAM FISH PREPAID toll free er to verify all spelling, art content, permissions of use for images, logos, trade names, and trade marks, copyrights etc.
X-STREAM FISH PREPAID is not liable for the art text or images trade marks, logos or trade names etc. which is provided to X-STREAM FISH PREPAID by the User to print. X-STREAM FISH PREPAIDUser service number. Due to the high mark up on fundraiser products X-STREAM FISH PREPAID charges a .10 /min fee to the pin number of the caller using our User service.
X-STREAM FISH PREPAID will not grant any refund on card printing or product add-on's of any order after printing. Once printing has commenced there are no refunds granted on the whole order value. Partial refunds may be granted only on the portion of cards or add on products not yet printed or applied.
YOU UNDERSTAND AND AGREE that an add on product consists of one of the following: A magnet, a scratch off over lay, or any other supplied or supporting part of the entire order.
X YOU UNDERSTAND AND AGREE that a partial refund would be done on portions of the order not yet filled or started. A 20% restocking fee is applied on the value of the portion of cards and add-on's not yet printed or filled.
YOU UNDERSTAND AND AGREE that the whole order refund may be granted only if the printing or print setup process has not yet began. Even in such case of a whole order refund a 10% service charge will apply to cover time lost.
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through Site any materials which (i) restrict or inhibit any other user from using and enjoying Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact and that you are at least eighteen (18) years old.
The User is not obliged to provided, Site with any optional information requested. X-STREAM FISH PREPAID reserves the right to refuse use of the system and services to anyone at any time for any reason without notice. YOUR ACCESS TO AND USE OF SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
User information includes any information provided by the user to X-STREAM FISH PREPAID or other users during the registration, or listing process, in any public message area or through any email feature.
The user is solely responsible for user information, and Site acts as a passive conduit for online distribution and publication of user information. However, X-STREAM FISH PREPAID reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISP or other suppliers.
User information on Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of Site or any sale being conducted on Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on Site infrastructure. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited.
We reserve the right to monitor all Postings or other materials posted on Site and to remove any which we consider in our absolute discretion to be: (a) offensive, (b) inappropriate, (c) criminal or (d) otherwise in breach of these Terms of Use. We do not and cannot review all materials posted to Site by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of X-STREAM FISH PREPAID are objectionable or in violation of these Terms of Use.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively 'Communications') to Site, you hereby grant to X-STREAM FISH PREPAID, subject to our privacy policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against X-STREAM FISH PREPAID for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Subject to the above, you may not modify copy, distribute, republish or upload any of the material on Site in any way unless you obtain the prior written consent of X-STREAM FISH PREPAID No intellectual property or other rights shall be transferred to you through your use of Site. We are not able to confirm that the materials contained on these web pages are correct in every case. X-STREAM FISH PREPAID reserves the right to make changes to Site, including the availability of any feature, database, Content, Web page materials, product information and prices on Site at any time without notice or liability. X-STREAM FISH PREPAID may also impose limits on certain features and services or restrict your access to parts or all of Site without notice or liability.
To the extent that any portions of Site provide users an opportunity to post and exchange information, BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on Site.
The terms and conditions of use in this Terms of Use are subject to change at any time. You should review the Terms of Use regularly for any changes.
The Site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. You are authorized to view the copy of the material displayed or performed on Site ('Content') on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on Site are protected by copyright, and are owned or controlled by X-STREAM FISH PREPAID or the party credited as the provider of the Content.
You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Site. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from X-STREAM FISH PREPAID or the copyright holder identified in the individual Content's copyright notice.
This TOU does not grant the User any rights to use such content, other than the content posted by them, according to the terms of the TOU. The User further agrees not to reproduce, duplicate or copy Content from Site without the express written consent of X-STREAM FISH PREPAID and agree to abide by any and all copyright notices displayed on Site. User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Site.
THE USER ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE CONTENT MADE AVAILABLE ON OR THROUGH X-STREAM FISH PREPAIDIS PROVIDED SOLELY BY THE USER WHO POSTED SUCH CONTENT AND NOT BY X-STREAM FISH PREPAID.
BY OPENING, MAINTAINING AND USING AN ACCOUNT, THE USER REPRESENTS AND WARRANTS THAT HE IS NOT A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THE SERVICES PROVIDED BY SITE TO BE OFFERED OR USED.
X-STREAM FISH PREPAID PROVIDES SITE ON AN "AS IS," AND AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF X-STREAM FISH PREPAIDIS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.
X-STREAM FISH PREPAID DOES NOT WARRANT THE SECURITY OF SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
X-STREAM FISH PREPAID ships all printed cards that contain long distance pins with signature as required as they are a liquid product. The User is responsible for shipment payment, tracking, insurance, delivery, condition of shipment upon arrival etc.
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. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for X-STREAM FISH PREPAID to pursue legal action to enforce the TOU, you will be liable to pay X-STREAM FISH PREPAID the following amounts as liquidated damages, which you accept as reasonable estimates of X-STREAM FISH PREPAID ' damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2)falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay X-STREAM FISH PREPAID CAD 1000 for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If X-STREAM FISH PREPAID establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay X-STREAM FISH PREPAID CAD $ 1000 for each message posted in excess of such limits or for each day on which you access X-STREAM FISH PREPAID in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to X-STREAM FISH PREPAID email addresses or through X-STREAM FISH PREPAID computer systems, you agree to pay X-STREAM FISH PREPAID CAD 200 for each such email.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without X-STREAM FISH PREPAID 's express written permission, you agree to pay X-STREAM FISH PREPAID CAD 1000 for each day on which you engage in such conduct.
Otherwise, you agree to pay X-STREAM FISH PREPAID's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, X-STREAM FISH PREPAID retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
This X-STREAM FISH PREPAID Internet Web Site Terms of Use (the 'Terms of Use') concerning the website www. missionaryphonecards.com ('Site') is between the party clicking 'accept' below and/or using the Site ('you') and X-STREAM FISH PREPAID ('we' or 'us'), with a principal place of business 13378 140th St, Edmonton, AB Canada T5L 2E3.
1. ACCEPTANCE OF TERMS
You should carefully read the Terms of Use before using the Site. By entering the Site and / or any page accessible on the Site and using the Site you agree to be bound by the terms and conditions of use set forth in the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use you should not use The Site and must leave The Site.Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
X-STREAM FISH PREPAID may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications, if you continue to use the website after they have been posted.
We agree to provide you access to Site in accordance with the Terms of Use.
You agree to use Site in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof. You agree to read these terms of use carefully before using Site. If you do not agree to the Terms of Use, you may not access or otherwise use Site.
2. SCOPE OF SITE
This Site provides card printing proofs, artist services, fundraiser phone card products and other services This Site provides card-printing proofs and guides the user through a close combination of up-to-date technology for modulating their business cards/ any cards with various logos, signs, trade names, images or art text available at our site or provided to us by you. X-STREAM FISH PREPAID also provides printing of all types of cards. The charges for the displayed cards have been listed/ displayed on the site for you to see and agree to before purchasing.Card printing proofs are provided by X-STREAM FISH PREPAID after purchase is made on Site. The art and text file supplied to X-STREAM FISH PREPAID will be forwarded to our trusted vender for artistic layout. Once the card is completed, it will be returned to X-STREAM FISH PREPAID, and will be forward to the client for printing proof. All correspondence of the art layout will be directed through X-STREAM FISH PREPAID. Once X-STREAM FISH PREPAID have received a print proof verification via email from our User X-STREAM FISH PREPAID hold the right to begin printing and filling the order. At the point of print verification X-STREAM FISH PREPAID return policy comes into effect. User will have the option of hiring the services of a third party artist to complete the art and text layout of the front side of the cards ordered. The printed cards may contain slight variations to structure, layout, color shade, depth, or style. All proofs are as close as humanly possible to the finished product in all aspects.
X-STREAM FISH PREPAID offer fundraiser phone cards to groups and churches for retail. The X-STREAM FISH PREPAID also prints fundraiser phone card products with long distance pin numbers, covered by scratch off overlay. Once a long distance pin number is instantly emailed to a User by X-STREAM FISH PREPAID it is considered a final sale. The pin numbers are a liquid electronic product, and therefore all sales of long distance pins via email delivery are final, no refunds, whole or in part will be granted.
ALL ARTICLES AND MATERIAL DISPLAYED BY US ON SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL.
X-STREAM FISH PREPAID does not represent or endorse the accuracy or reliability of any content, opinion, statement, or other information displayed or distributed through Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. X-STREAM FISH PREPAID reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Site.
3. RETURN POLICY
X-STREAM FISH PREPAID in no way guarantees the work of a third party vender such as an artist, and once the service is purchased from our site it is non refundable so long as a proof has been supplied for services paid.The reasonable number of corrections or changes to art layout is a maximum of two. The maximum times the artist will handle the User's art will be three, once on original sending, and two corrections following the same. Any further changes required by User will be considered a new order of the third party vendor's services and charged at our regular rate for said service.
X-STREAM FISH PREPAID represents the third party trusted vendor only as a value added service, we do not employ directly, nor does the vender represent us in any way directly as a company.
The User understands that the purchase of third party vendor services is voluntary and is of their own judgment; we cannot be liable for other people's actions. We act as the middle man passing information from you to the third party vendor in the way of correspondence.
4. DETAILS TO BE FURNISHED BY THE USERS:
Details to be furnished by the User for each service are clearly outlined in the Site.For example, fundraiser phone card products must contain the following in order for X-STREAM FISH PREPAID to print them.
- a) Name of organization printed on each card
- b) The term Fundraiser printed on each card
- c) Some form of pricing printed on each card
5. WORKING OF SITE
A user of Site may perform various transactions including:- Viewing card displays on Site previously done for the Users
- Purchasing the images in Site with a payment of ...
- Posing personal texts, trade names, logos, arts.
- Using toll free User care
- Providing testimonies
Content that are posted are subject to review by X-STREAM FISH PREPAID, and shall be removed without prior notice, if in violation with the TOU. X-STREAM FISH PREPAID also reserves its right to cancel the User account and keep any monies owed to the User.
6. TESTIMONIES AND CARD DISPLAYS ON OUR SITE
All cards displayed are voluntary and are used with permission. X-STREAM FISH PREPAID will not use any User art in part or whole without consent.Any User granting permission to X-STREAM FISH PREPAID to use their printed card art, text, or layout in part or whole as a model understands that they are willing and agree that the information on the card sample displayed is of their own creation, design. Users have the right to use, display, own, and replicate said art, text etc. X-STREAM FISH PREPAID shall have the right to display the same on the site.
Users granting permission to X-STREAM FISH PREPAID to use their print proofing art, text, or layout in part or whole as a model understands that they are willing and agree that the information on the print proofing sample displayed is of their own creation, and design. Users have the right to use, display, own, and replicate said art, text etc. X-STREAM FISH PREPAID shall have the right to display the same on the site.
We hold no copyrights on our text or images, or any content displayed on this site. The third party vendor artist also holds no copyrights to any content, art text displayed on our site.
7. THIRD PARTY CONTENT, SITES, AND SERVICES
The X-STREAM FISH PREPAID site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of X-STREAM FISH PREPAID including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, services, and the Internet as a whole.Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that X-STREAM FISH PREPAID shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that X-STREAM FISH PREPAID is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release links list, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
8. LIMITATIONS
X-STREAM FISH PREPAID'S responsibilities are limited as below:You accept that Site is provided on an 'as is, as available' basis.
X-STREAM FISH PREPAID is not responsible for access by any users, neither the User nor minors, to objectionable or offensive information or data. You agree that use of the Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.
X-STREAM FISH PREPAID is not responsible for the information transmitted over the internet by the User as it is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet.
X-STREAM FISH PREPAID is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that X-STREAM FISH PREPAID has no control over third party networks or sites that the User may access in the course of use of Site, and that delays and disruptions of other network transmissions are completely beyond the control OF X-STREAM FISH PREPAID.
Site is intended solely for private and personal use on the user's computer. Any other use or any attempt to use Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that X-STREAM FISH PREPAID shall not be responsible for the same. Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.
You acknowledges that X-STREAM FISH PREPAID shall be the final decision maker of whether the User have violated the TOU in a manner that results in his suspension or permanent barring from participation in Site.
X-STREAM FISH PREPAID provides a toll free User service whereas abuse, shouting or swearing or any aggressive behavior is strictly prohibited.
X-STREAM FISH PREPAID provides Site as a platform for content posting and networking, but does not directly participate in, nor is it involved in any transactions.
X-STREAM FISH PREPAID is not responsible for any additions made by them on the advice of the Users. It is the sole responsibility of the User to verify all spelling, art content, permissions of use for images, logos, trade names, and trade marks, copyrights etc.
X-STREAM FISH PREPAID is not liable for the art text or images trade marks, logos or trade names etc. which is provided to X-STREAM FISH PREPAID by the User to print. X-STREAM FISH PREPAID print under their instructions and they hold all liability for the content, and use of said contents according to local laws etc
The User is responsible for shipment payment, tracking, insurance, delivery, condition of shipment upon arrival etc.
X-STREAM FISH PREPAID holds no copyrights on the text or images, or any content displayed on this site. The third party vendor artist also holds no copyrights to any content, art text displayed on our site.
No refund will be granted on card printing or product add-on's of any order after printing.
9. PAYMENT:
The charges for the displayed cards will have been listed/ displayed on our site for the purchaser to see and agree to before purchasing.Our prices for each of our services varies from one another.
Our long distance rates change from time to time as do our prices on other products or services sold on our site.
X-STREAM FISH PREPAIDFISH PREPAID after purchase will have been listed / displayed on Site for the purchaser to see and agree to before purchasing.
X-STREAM FISH PREPAID all printed fundraiser phone cards are printed with X-STREAM FISH PREPAID toll free er to verify all spelling, art content, permissions of use for images, logos, trade names, and trade marks, copyrights etc.
X-STREAM FISH PREPAID is not liable for the art text or images trade marks, logos or trade names etc. which is provided to X-STREAM FISH PREPAID by the User to print. X-STREAM FISH PREPAIDUser service number. Due to the high mark up on fundraiser products X-STREAM FISH PREPAID charges a .10 /min fee to the pin number of the caller using our User service.
X-STREAM FISH PREPAID will not grant any refund on card printing or product add-on's of any order after printing. Once printing has commenced there are no refunds granted on the whole order value. Partial refunds may be granted only on the portion of cards or add on products not yet printed or applied.
YOU UNDERSTAND AND AGREE that an add on product consists of one of the following: A magnet, a scratch off over lay, or any other supplied or supporting part of the entire order.
X YOU UNDERSTAND AND AGREE that a partial refund would be done on portions of the order not yet filled or started. A 20% restocking fee is applied on the value of the portion of cards and add-on's not yet printed or filled.
YOU UNDERSTAND AND AGREE that the whole order refund may be granted only if the printing or print setup process has not yet began. Even in such case of a whole order refund a 10% service charge will apply to cover time lost.
10. REGISTERED USERS
The use of Site and services is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and services. Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this TOU.You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through Site any materials which (i) restrict or inhibit any other user from using and enjoying Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact and that you are at least eighteen (18) years old.
The User is not obliged to provided, Site with any optional information requested. X-STREAM FISH PREPAID reserves the right to refuse use of the system and services to anyone at any time for any reason without notice. YOUR ACCESS TO AND USE OF SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
11. SECURITY
By signing up or opening an account with Site, the user authorizes X-STREAM FISH PREPAID to, at any time and from time to time, confirm the user's identity and take steps to validate the financial transactions the user performs on Site. To help these security checks, the user agrees to provide X-STREAM FISH PREPAID with identification or other information or documents as X-STREAM FISH PREPAID requests.User information includes any information provided by the user to X-STREAM FISH PREPAID or other users during the registration, or listing process, in any public message area or through any email feature.
The user is solely responsible for user information, and Site acts as a passive conduit for online distribution and publication of user information. However, X-STREAM FISH PREPAID reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISP or other suppliers.
User information on Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of Site or any sale being conducted on Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on Site infrastructure. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited.
We reserve the right to monitor all Postings or other materials posted on Site and to remove any which we consider in our absolute discretion to be: (a) offensive, (b) inappropriate, (c) criminal or (d) otherwise in breach of these Terms of Use. We do not and cannot review all materials posted to Site by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of X-STREAM FISH PREPAID are objectionable or in violation of these Terms of Use.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively 'Communications') to Site, you hereby grant to X-STREAM FISH PREPAID, subject to our privacy policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against X-STREAM FISH PREPAID for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
12. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE
Without prejudice to any other rights that it may have, X-STREAM FISH PREPAID reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted such modifications shall become effective immediately upon the posting thereof.Subject to the above, you may not modify copy, distribute, republish or upload any of the material on Site in any way unless you obtain the prior written consent of X-STREAM FISH PREPAID No intellectual property or other rights shall be transferred to you through your use of Site. We are not able to confirm that the materials contained on these web pages are correct in every case. X-STREAM FISH PREPAID reserves the right to make changes to Site, including the availability of any feature, database, Content, Web page materials, product information and prices on Site at any time without notice or liability. X-STREAM FISH PREPAID may also impose limits on certain features and services or restrict your access to parts or all of Site without notice or liability.
To the extent that any portions of Site provide users an opportunity to post and exchange information, BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on Site.
The terms and conditions of use in this Terms of Use are subject to change at any time. You should review the Terms of Use regularly for any changes.
13. CHANGES TO TOU
X-STREAM FISH PREPAID reserves the right, from time to time, to amend or change this TOU (including any of the policies which may be applicable to use of Site). The User agrees to visit Site periodically to be aware of and review any such revisions. Changes to this TOU shall be effective upon posting. By continuing to use Site after revisions are posted, the User accepts the revisions and agrees to abide by them.14. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to X-STREAM FISH PREPAID or email addresses through X-STREAM FISH PREPAID computer systems, is expressly prohibited by this TOU. Any unauthorized use of X-STREAM FISH PREPAID computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Criminal Code of Canada, including the Criminal Law Improvement Act 1997. Such violations may subject the User and his or her agents to civil and criminal penalties.15. INTELLECTUAL PROPERTY RIGHTS
The Site is protected to the maximum extent permitted by copyright laws and international treaties.The Site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. You are authorized to view the copy of the material displayed or performed on Site ('Content') on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on Site are protected by copyright, and are owned or controlled by X-STREAM FISH PREPAID or the party credited as the provider of the Content.
You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Site. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from X-STREAM FISH PREPAID or the copyright holder identified in the individual Content's copyright notice.
This TOU does not grant the User any rights to use such content, other than the content posted by them, according to the terms of the TOU. The User further agrees not to reproduce, duplicate or copy Content from Site without the express written consent of X-STREAM FISH PREPAID and agree to abide by any and all copyright notices displayed on Site. User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Site.
16. DISCLAIMER OF WARRANTIES
THE USER'S USE OF THE SITE IS AT HIS OWN RISK. IN THE EVENT THE USER HAS A DISPUTE WITH ONE OR MORE USERS, THE USER SHALL RELEASE X-STREAM FISH PREPAID (AND ITS AGENTS AND EMPLOYEES) FROM ALL CLAIMS, COSTS, EXPENSES, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF THE USER'S ENTRY ONTO SITE, POSTING OF ANY LINKS, ANY MISINFORMATION THAT THE USER PROVIDES TO SITE, ANY ACTION THAT THE USER TAKES IN VIOLATION OF ANY OF THE RULES, TERMS OR CONDITIONS OF SITE, PARTICIPATION IN ANY OTHER ACTIVITY ON OR MADE AVAILABLE TO THE USER THROUGH SITE, THE USE OF SITE'S SOFTWARE, OR RECEIVING REFERRAL FEES, OR OTHER SUCH INCENTIVES FROM SITE OR SPONSORS, OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.THE USER ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE CONTENT MADE AVAILABLE ON OR THROUGH X-STREAM FISH PREPAIDIS PROVIDED SOLELY BY THE USER WHO POSTED SUCH CONTENT AND NOT BY X-STREAM FISH PREPAID.
BY OPENING, MAINTAINING AND USING AN ACCOUNT, THE USER REPRESENTS AND WARRANTS THAT HE IS NOT A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THE SERVICES PROVIDED BY SITE TO BE OFFERED OR USED.
X-STREAM FISH PREPAID PROVIDES SITE ON AN "AS IS," AND AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF X-STREAM FISH PREPAIDIS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.
X-STREAM FISH PREPAID DOES NOT WARRANT THE SECURITY OF SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
17. LIMITATION OF LIABILITY
SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH SITE, IS PROVIDED 'AS IS, AS AVAILABLE.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW. X-STREAM FISH PREPAIDAND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH SITE OR ANY LINKED SITE. FURTHER, X-STREAM FISH PREPAIDAND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. X-STREAM FISH PREPAIDDOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. X-STREAM FISH PREPAIDAND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL X-STREAM FISH PREPAIDBE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS X-STREAM FISH PREPAID'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.18. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD X-STREAM FISH PREPAID, AND ALL ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, THE 'INDEMNIFIED PARTIES') HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF USE OR THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. X-STREAM FISH PREPAID RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF X-STREAM FISH PREPAID.19. DATA MANAGEMENT
The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access Site. The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.20. SEVERABILITY
Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.21. ENTIRE AGREEMENT
These Terms of Use contain the entire understanding between us with respect of Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us.22. CONFIDENTIALTY
You acknowledge that transmissions to and from Site are not confidential and your Communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or 'Spam,' may be prosecuted to the full extent of the law.' You acknowledge that by submitting Communications to X-Stream Fish Prepaid, no confidential, fiduciary, and contractually implied or other relationship is created between you and X-STREAM FISH PREPAID other than pursuant to these Terms of Use and any subsequent written agreement entered into with X-Stream Fish Prepaid.23. SHIPPING
X-STREAM FISH PREPAID ship all printed cards without long distance pin numbers in whatever shipping choice made by User within checkout of shopping cart.X-STREAM FISH PREPAID ships all printed cards that contain long distance pins with signature as required as they are a liquid product. The User is responsible for shipment payment, tracking, insurance, delivery, condition of shipment upon arrival etc.
24. GOVERNING LAW AND JURISDICTION
The Site, any information provided from it and the Terms of Use are given and made in the state of Alberta, Canada. This Terms of Use agreement shall be governed by and construed in accordance with the laws of the state of Alberta in Canada, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be pursued in the provincial small claims court located in Edmonton.25. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by emailing to info@missionaryphonecards.comOur 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. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for X-STREAM FISH PREPAID to pursue legal action to enforce the TOU, you will be liable to pay X-STREAM FISH PREPAID the following amounts as liquidated damages, which you accept as reasonable estimates of X-STREAM FISH PREPAID ' damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2)falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay X-STREAM FISH PREPAID CAD 1000 for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If X-STREAM FISH PREPAID establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay X-STREAM FISH PREPAID CAD $ 1000 for each message posted in excess of such limits or for each day on which you access X-STREAM FISH PREPAID in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to X-STREAM FISH PREPAID email addresses or through X-STREAM FISH PREPAID computer systems, you agree to pay X-STREAM FISH PREPAID CAD 200 for each such email.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without X-STREAM FISH PREPAID 's express written permission, you agree to pay X-STREAM FISH PREPAID CAD 1000 for each day on which you engage in such conduct.
Otherwise, you agree to pay X-STREAM FISH PREPAID's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, X-STREAM FISH PREPAID retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.