1favor.com Terms of Use and Sale


Welcome and thank you for visiting and using 1favor.com. The “1favor.com” (“our”) Website is operated by 1 Favor Card LLC. The following is a legal agreement between 1 Favor Card, LLC, and “you”, “the favor giver” or the “user”. By accessing this Website or “Site” or by purchasing goods or services from the Site, you agree to be bound by these terms of use and conditions of sale, and that you have read and understand the service terms of this Website. PLEASE READ EVERYTHING IN THIS AGREEMENT. This agreement contains warranty disclaimers and provisions that limit our liability to you. If you do not agree to these terms, then please do not use this Website.

Your Use of the 1favor.com Website

You must be 18 years or older to use this Website or have the permission of your parent or legal guardian.

1favor.com hereby grants you a limited license to copy and use the features, tools, and services provided by 1favor.com on this Website (collectively the "Features") solely for your personal, non-commercial use, for completing a Product for sale, subject to these Terms. The design and layout of the Website are specifically excluded from the Features. No other use of the Website or Features is authorized. You agree that any copy of the Features (or any portion of the Features) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Website or Website Features or posting of Features on other Websites is strictly prohibited.

The products, technology, and/or processes described and/or used on this Website may be the subject of intellectual property rights reserved by 1favor.com 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 1favor.com or any third party.

Privacy Policy

1 Favor Card LLC respects your right to privacy. The 1favor.com Privacy Policy statement is on this Website, and by clicking here you will be directed to it.

Copyrighted Content on 1favor.com

All of the Features available on the Website, including its design is copyright ©2015, 1 Favor Card LLC or is used under license. 1favor.com may utilize copyrighted materials from various individuals and entities. Copyright notices for such materials are set forth wherever such licensed material appears on the 1favor.com Website.

Trademarks Registered by 1 Favor Card

"1 Favor Card" and “One Favor Card” are registered servicemarks of 1 Favor Card LLC. All unauthorized use is prohibited. Use of the 1favor.com trademarks in either open or embedded website-redirection-of-information tools, or as a meta-tag for search engines, is strictly prohibited without expressed permission from 1 Favor Card LLC.

Our Conduct Policy for Using the 1favor.com Website

1favor.com employs the following User Conduct Policy in order to assure that products are used in an appropriate and lawful manner. While 1favor.com does not ordinarily monitor the content of a favor givers’ provided content, it reserves the right to investigate misuse of its service as well as to protect its assets and property. The following conduct is not appropriate for use on the service:
• sending or implying harassing, abusive, or threatening messages;
• sending unlawful and inappropriate messages or images such as pornography, bondage, etc.;
• 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.
• attempting to conceal or misrepresent the identity of you, the sender, as the favor giver.

Violations of the User Conduct Policy as set forth by 1 Favor Card LLC on the 1favor.com Website will not be tolerated and may result in you, as the user and therefore the sender, being blocked from creating additional or future products on the service. 1favor.com reserves the right in its sole discretion, to disclose to third parties, including favor giver card recipients, to their counsel, and/or to 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 1favor.com, in order to address past violations of the User Conduct Policy and to prevent future violations. These disclosures may be made with or without prior notice to you. By using this service, you irrevocably consent to such disclosures.

Indiscriminate Sending of Unsolicited Bulk Messages (Spam)

Spamming is the act of using inappropriately a mailing list as if it were a broadcast medium, by sending the same message to a large number of recipients. You may not use this Website to send 1 Favor Card transmissions 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 programs that facilitate the process of sending or viewing any 1favor.com Features is strictly prohibited. 1favor.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of transmissions that you may send using the Website and/or the number of recipients to whom you send such transmissions.

You are solely responsible for your actions and communications undertaken or transmitted using this Website. Neither 1 Favor Card LLC or any affiliates of the Website exercise editorial control over your transmissions. Nevertheless, 1 Favor Card reserves the right to review your upload information and transmissions in order to ensure compliance with these Terms.

Third-Party Marketing and Related Communications on the 1favor.com Website

1favor.com may feature on its Website and in its e-mail communications to you, links to third party Websites. These may appear in the form of advertisements, banners, buttons, digital cash, digital gift certificates, integrated gift services, text links or otherwise. The products and services available through these links are offered by independent companies, which are not affiliated in any way with 1favor.com. 1favor.com makes no representations as to the quality, suitability, workmanship, value, appropriateness, or reliability of the merchandise available or the solvency or financial viability of any advertiser. 1favor.com will not reimburse nor indemnify you for any losses you may incur as a result of a transaction or transactions with any 1favor.com advertiser. 1favor.com users are advised to use discretion in the selection of companies with which to engage in doing online business.

There may be circumstances where access to this Website is provided by a hypertext link or coded link area located at another Website. 1favor.com does not make any representations or provide any warranties with respect to any information contained in or at these other Websites. 1favor.com does not 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. 1favor.com shall not be liable for any damages or injury arising from the content of these other Websites.

Photos and/or Images That Are Uploaded by You, the Favor Giver, to the 1favor.com Website

1favor.com allows you to create your own gift card by uploading your own photos and/or images or artwork and such materials. When you, the favor giver, choose to do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images or artwork to the Website you are indicating that you own the photo and/or image or artwork and/or have full rights to its use.

When you upload your media or material to the Website and use it to create a 1 Favor Card, your material will be used for the transmission of your created card. However, 1 Favor Card may also use such material in the course of performing testing, training and/or archiving of our systems and hereby expressly reserve the right to do so.

Warranty Restrictions and Limitation of Liability of 1 Favor Card LLC.

The Product, Features, 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 saleability and suitability for a particular purpose. There is no warranty against interference with your enjoyment or the enjoyment of the recipient, of any Features, information, or services (including, but not limited to any computer programs (including collections and compilations of them), data, images, text, or sounds) or against infringement. 1favor.com is not responsible for any failure of an electronic transmission sent through the service to reach their intended recipients or to reach such recipients on the date specified or desired by you, or the sender. The Features available on the Website are subject to change without notice.

Neither 1favor.com nor any of its Officers, Directors, Employees of Affiliates 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 attorney’s fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the Website, or from your reliance on any information provided at the Website, even if 1favor.com 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 1favor.com and its Affiliates’ aggregate liability shall not exceed sums paid pursuant this agreement.

1favor.com takes no responsibility or assumes no 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 Website. You agree to hold harmless 1favor.com and its Affiliates and Parties with whom 1favor.com has contracted for purposes of hosting or maintaining the Website, from all claims based upon communications or materials made available by you on the Website.

Use of the 1favor.com Website Outside of the United States

1favor.com does not make any representation that Features on this Website are appropriate or available for use in locations outside the United States, and accessing this Website from territories where its content is illegal is prohibited. Those who choose to access this Website from locations other than the United States or under the dominion of United States law do so on their own initiative and are responsible for compliance with local laws.

Indemnification

You hereby indemnify, defend and hold harmless 1favor.com and its affiliates, 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 attorneys' 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. 1favor.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement by 1 Favor Card

In the event 1 Favor Card LLC determines, in its sole discretion, that you have violated these Terms, 1 Favor Card LLC shall have the right to immediately terminate your 1favor.com privileges and block the sending or receipt of content from our Website, and/or pursue any other remedies available to it under applicable law.

Disputes, Jurisdiction and Governing 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 State of Kansas. Any dispute arising between you and 1favor.com will be submitted to binding arbitration in Johnson County, Kansas in accordance with standard rules set forth by the American Arbitration Association currently in effect for commercial disputes.

Updates to Terms

1 Favor Card LLC shall have the right to revise these Terms at any time by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this Website to determine the new and current Terms to which you are bound.





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