This Agreement between you (or User) and NowCards (or Site) constitutes our entire and only agreement. Use of NowCards, including but not limited to sending cards, receiving cards, creating an account or logging in, constitutes agreement with these terms.

Agreement to these terms is required for use of NowCards. If you do not agree with any of these terms then you may not use the Site. The Site consists of information and content provided by NowCards, as well as access to information and other content provided by parties other than NowCards (collectively, "Acquired Material").

MODIFICATION OF THIS USER AGREEMENT. Upon notice published over the Site, NowCards may at any time modify this User Agreement.

MODIFICATION OF THE SITE. NowCards may discontinue, add to or revise any or all aspects of the Site in its sole discretion and without notice, including access to support services, publications and other products or services ancillary to the Site. In particular, NowCards specifically reserves the right in its sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Site.

TERMINATION OR SUSPENSION BY NOWCARDS. NowCards reserves the right in its sole discretion (as a matter of right and without formality) to terminate your account and this User Agreement at any time or to suspend (with or without notice) or terminate access to or use of the Site, in whole or in part, with respect to any user at any time.

CONTINUATION OF OBLIGATIONS. Except as specifically provided for in this User Agreement, neither NowCards or you shall have any obligation whatsoever to the other after any cancellation or termination of this User Agreement.

PROHIBITED CONDUCT. You agree not to upload, post or otherwise publish on or over the Site, and not to seek on or over the Site, any software, file, information, communication or other content (and not to permit any third party from doing any of such things using your membership identification): (a) which violates or infringes upon the rights of any other; (b) which, under the circumstances and in NowCards's good faith judgment, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, offensive or inappropriate; (c) which constitutes a threat to, harassment of, or stalking of another; (d) which adversely affects the performance or availability of the Site or NowCards's resources; or (e) which contains any virus, worm, robot, cancelbot, harmful component or corrupted data. You agree not to use the Site to intercept electronic communications intended for others or to engage in "spamming" or any similar conduct. Copyrighted material may not be placed on the Site without the permission of the owner(s) or person(s) they specifically authorize to give such permission. Only the owners themselves, plus any persons so authorized, may upload copyrighted material to the Site. By uploading images, you agree to indemnify NowCards from any and all liability.

COMPLIANCE WITH LAWS, OTHER RULES. You agree to comply with all applicable laws, rules and regulations in connection with use of the Site and this User Agreement. You represent that you are at least 18 years of age and have the right and ability to enter into this User Agreement. You shall be responsible for all access to and use of the Site through your account or password(s) if applicable.

NO ENDORSEMENT. NowCards does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Site.

INTERNET. You acknowledge that material contained at the Site might consist of or include images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to some adults.

LIMITATION ON USE OF CONTENT. Except as expressly permitted in this User Agreement, neither you nor any user of your member may reproduce, distribute, transmit, publish or otherwise transfer, or commercially exploit, any software, file, information, communication or other content received or accessed through the Site.

RESERVATION OF RIGHTS BY NOWCARDS. NowCards reserves all copyrights and other rights in and to any content available through the Site and which is identified as, claimed by NowCards as, or known by you to be, proprietary to NowCards (or its licensors). The content on the Site is protected under applicable copyright law, including as a collective work. All copying, modification, distribution, publication or other use by you, or by any user of your account, of any such content or other works is prohibited, except as expressly permitted by NowCards.

GRANT OF LICENSE TO NOWCARDS. You grant to NowCards (and to NowCards's designated licensees, transferees, designees and contractors) a non-exclusive, paid-up, royalty-free perpetual and worldwide license to copy, distribute, display, perform, translate, adapt, modify and otherwise use in connection with NowCards' online business (and the business of NowCards's designated licensees, transferees, designees and contractors) such software, files, information, communications and other content, regardless of the medium, technology or form utilized in exercise of this grant. If you place software, files, information, communications or other content on the Site, you retain any proprietary rights you may have in such content, and the license granted under this paragraph shall not be construed as a conveyance of such proprietary rights to NowCards. NowCards, in its reasonable and good faith discretion and without notice, may provide User and user information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity, and to maintain and use internally such information and records. Information generated by or in connection with the administration of the Site shall be and remain the exclusive property of NowCards.

DISCLAIMER OF WARRANTIES; EXCLUSION OF LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN SOLE RISK. NEITHER NOWCARDS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANTS THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR ERROR-FREE; NOR DOES NOWCARDS OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NEITHER NOWCARDS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SITE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE) AND EVEN IF NOWCARDS OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION (DISCLAIMER OF WARRANTIES; EXCLUSION OF LIABILITY) SHALL ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED MATERIAL" (DEFINED ABOVE) AND ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD NOWCARDS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM NOWCARDS CONTRACTS TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE SITE).

INDEMNITY. You agree to indemnify NowCards against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys' fees, arising out of or related to any and all use of by you of the Site, or use by others of your account. This includes, without limitation, responsibility for all such consequences of your (or that of any user of your account) violation of this User Agreement or placement on or over, or retrieval from or through, the Site of any software, file, information, communication or other content.

THIRD PARTY BENEFICIARIES. The following provisions are for the benefit of NowCards and its respective contractors, information or content providers, service providers, licensors, employees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf: Limitation on Use of Content; Disclaimer of Warranties and Exclusion of Liability; and Indemnity.

CHOICE OF LAW; TIME FOR BRINGING CLAIMS. This User Agreement is made in the State of Massachusetts. This User Agreement and all of the parties' respective rights and duties in connection herewith shall be governed by and construed in accordance with the laws of the United States of America and, excluding conflicts rules, of the State of Massachusetts. Any cause of action of yours, or by users of your account, with respect to the Site or this User Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this User Agreement and it is acknowledged that this is a services contract and not a contract for the sale of goods. You agree that this User Agreement is set forth in the English language for the mutual convenience and benefit of the parties. Each of the parties hereto hereby consents and submits to the exclusive personal jurisdiction of the state and Federal courts located in the State of Massachusetts in the event of any dispute relating to the Site or to this User Agreement, each party hereby waiving any claim based on the doctrine of forum non conveniens. Trial by jury in any action, proceeding or counterclaim hereunder is hereby waived.

ENTIRE AGREEMENT AND MISCELLANEOUS. This User Agreement, as published over the Site, constitutes the entire and only agreement between NowCards and you and is applicable to all users of the Site or your account. This User Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing the online sign-up procedure, by continuing to use the Site with knowledge of this User Agreement or by another act or indication of assent, you agree to the terms and conditions of this User Agreement. This User Agreement can be amended only in the manner expressly provided for in this Agreement. If any term of this User Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from this User Agreement as if it had not been included from the beginning. Where notification by NowCards is contemplated by or related to this User Agreement, notice may be made by any reasonable means, including, but not limited to, electronic mail or publication over the Site.