The Fine Print (Terms)

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1. The Postcard.fm Web site (the "Web Site" or "Postcard.fm") is provided for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by Postcard.fm. By using this site, you are deemed to have agreed to these terms and conditions of use. Postcard.fm may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Postcard.fm. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
2. Site Content
   User represents, warrants and agrees that it will not contribute any text, photos, or songs (“User Content”) that (a) infringe, violate, or otherwise interfere with any copyright or trademark of another party, (b) reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after User has been notified that such User Content violates any of sections (a) to (e) of this sentence. Postcard.fm reserves the right to remove any User Content from the Site, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to Postcard.fm and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Postcard.fm is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
3. Restrictions
   User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to Services or to access the Site.
   
   Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will User use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you.
   
   Postcard.fm User recognizes and accepts that Postcard.fm is not intended to be an anonymous e-mail service. Every card sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of Postcard.fm recipients.
4. Warranty Disclaimer
   Postcard.fm has no special relationship with or fiduciary duty to User. User acknowledges that Postcard.fm has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or User who posted the Content. Postcard.fm does not monitor the Content of the Site and takes no responsibility for such Content. User releases Postcard.fm from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Postcard.fm makes no representations concerning any content contained in or accessed through the Site, and Postcard.fm will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
5. Indemnification
   Upon a request by Postcard.fm, you agree to defend, indemnify and hold Postcard.fm, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, e-mailing, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Postcard.fm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Postcard.fm in asserting any available defense.

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