This General Conditions apply for all services, contents and communications that take place on http://www.Bubbacards.com web site, and in relation to all individuals that in occasional, frequent, or permanent form, consent and/or use the web site. Such individuals will be denominated: "user" or "users".
1. Users Acceptance
Bubbacards.com administration reserves the right to demand that each user, accept terms here included as necessary condition to access, permanency and services use, and/or contents offered by the site.
User that doesn't accept or doesn't agreed dispositions fixed by Bubbacards.com administration under this General Conditions won't have authorization for any services use and contents that exist or might exist on the web site, abstaining from entering again to the site and/or to use any service. Consequently: access, permanency, services use and contents on user party will imply flat acceptance on the user party, about all and each dispositions dictated by Bubbacards.com administration.
2. User's legal capacity
Users will only be able to consent this terms, and use the services and/or contents of Bubbacards.com those who according to actual legislation in their residence place can emit their consent for acts that take place on the web site. Those who don't possess such faculty to consent terms and conditions should obtain previous authorization of their legal representatives who will be considered responsible for all acts carried out by those with no permission.
When it's lack of aptitude for age minority, responsibility in services determination and contents to those that are under age corresponds to adults who supervise them. Web site access is forbidden to under age users who don't have the expressed authorization of their parents, tutors or legal representatives.
3. Users Identity
To gain access and services use, and/or to existent contents on the site, it is necessary the only acceptance and execution on the user party to General Conditions here determined or that could prepare in the future Bubbacards.com. It is not established as requirement, the user's previous registration, Bubbacards.com does not look for data as for the users identity as necessary condition for the services benefit and/or offered contents. As a consequence of it, Bubbacards.com ignores and doesn't extend any guarantee over users' identity data either and/or senders of any communication directed from the site.
4. Notifications and communications
When users contact Bubbacards.com administration, only communications directed to: info@bubbacards.com will be considered valid.
Notifications and communications sent by Bubbacards.com to the mail that arises as user's mail or remittent address will be considered effective and fully valid. Also will be considered effective communications that consist on warnings and messages placed on the site, or that are sent during the benefit of a service that have as purpose to inform the users on determined circumstance.
5. Free access to any Service
All services and contents offered on the site are freely accessible on the users party, the free accessibility includes the services that you/they won't be subject to any payment, tariff or retribution toward Bubbacards.com. This does not apply to services where Bubbacards.com decides to establish a canon for its use on the users party.
Free access doesn't refer to Internet connection facilities. In any case Bubbacards.com will provide to users necessary conectivity so they consent to Internet. It will be for sole right it counts, position and each user's responsibility the disposition to connect to the Internet.
6. About services and contained in particular
6.1. About electronic post cards services:
Bubbacards.com, offers to users the possibility to send through electronic mail to one or more addressees different type of electronic post cards that respond to a diversity of designs and meanings that he/she will be able to select.
When a postcard is selected for their shipment to a remittent user, it will consign their name and electronic mail address, user name and address of electronic mail who it is addressed, and he/she will have the possibility to include a personalized message that it will added to the electronic postcard. The postcard addressee will receive a notification in his mail, where he will be indicated that he has received a postcard sent by the remittent user, showing name and electronic mail address consigned by the remittent user, and he will incorporate to the message body a link that will allow to the addressee, by Internet browser software means, to consent to the web page where is stored the postcard sent by the sender. System will show the addressee postcard selected by the sender together with their data and message personalized in the event of having them.
The postcard selected by the remittent user will be to the addressee's disposition for a maximum period of fourteen (14) counted run days starting when remittent user pressed the button "Send" on the postcard presentation screen. Out this term Bubbacards.com will proceed to DISCARD IN DEFINITIVE FORM the postcard, and all the enclosed information to the same, included addressee's message, it is not obligatory for Bubbacards.com to store a backup copy of such information. Bubbacards.com, for technical or administrative nature reasons will be able to remove the postcard placed on the web page where it is for its exhibition to the addressee, still when the one referred period of fourteen (14) days won't be completed, without notification from Bubbacards.com to the postcard sender and/or addressee, and without generating any Bubbacards.com responsibility
When remittent user, select "send" option to certain postcard in a given future date, in use of the function willing to that effect for Bubbacards.com, expressly it accepts that Bubbacards.com will make its best effort for the postcard notification delivery execution to the addressee in the selected date, but in any case it guarantees the positive notification delivery; Bubbacards.com will make its best effort in order to the conservation from the enclosed information to the postcard in its original state, without responsibility of this, the loss, modification or for lack of integrity of the same one for reasons that they don't obey its sole right.
Certain services offered on Bubbacards.com web site, could require from user to indicate his electronic mail address and countersign. When the user, in use of these functionalities, consign his electronic mail address and countersign, in order to send a postcard to the whole list of contacts that has registered in his mail service, expressly it accepts that Bubbacards.com enters to the bill of electronic mail of which is, with the purpose of extracting complete list of contacts payroll who will be the addressees of postcard whose shipment is made under this modality. In all cases, and in accordance with the Declarations of Privacy and Confidentiality sustained by Bubbacards.com, the information of personal character given by the users will be object of appropriate treatment and preservation, Bubbacards.com will use the information given exclusively by the user with the exposed object, and in all moment it will look after the receipt to the intimacy and confidentiality of user's communications, but it will be for user's bill the risks characteristic of extraction process and transmission about mentioned data, as well as any other relative circumstance to the functionality, operability and integrity of any configurations.
6.2. About Wallpapers and Screensavers downloads:
Bubbacards.com offers free to users disposition, a series of images, pictures and/or designs that you/they will be able to be download and configure as screen wallpapers on the users computers; or that being incorporated on a computer program.
The use of such contents is reserved to each user's, it will be to its only and exclusive risk, and under any circumstance it will imply the responsibility of Bubbacards.com for any damages or damages experienced by user as a consequence of use download or manipulate those files.
6.3. Common dispositions:
Bubbacards.com will be able to add, modify, or suppress total or partially services and contents, without requiring users conformity or previous notification of any type. Except for stipulation in contrary, these General Conditions will govern all new content or amplification of existent one.
7. Services and contents, responsibilities, address abilities and control
Bubbacards.com reserves all the site control abilities and address, in particular about services, contents and communications inside the same one. Bubbacards.com will be able to, in direct form or through their Administration, to introduce all the changes and modifications that it estimates convenient to their single approach, Bubbacards.com will be able to add, to alter, to substitute or to suppress any services or contents in all moment.
7.1. Responsibilities in relation to electronic postcards services:
Each user will be responsible for manifestations that it pours or the actions that it takes ahead inside the web site. However when Bubbacards.com Administration receives through its accusations mechanism reception, any manifestation of a third party that had suffered a damage in any of its rights, will take in immediate form the necessary measures to avoid the harmful situation continuation, and will inform to competent authorities the events.
According to users communications privacy and confidentiality, Bubbacards.com won't exercise a direct control on the manifestations and/or actions taken ahead by them.
7.2. Responsibilities in relation to the rest of the contents:
Bubbacards.com doesn't grant any guarantee over computer files discharged from the site. Bubbacards.com doesn't guarantee that the computer files discharged from the site are free of errors, defects; and/or that the system is executed efficiently in all hardware combinations, operating systems and software that the user can select for his use; and/or that they are fully functional, and/or that the files don't alter the system.
Bubbacards.com. does not take responsibility for any lost or damages suffered by the user that arose or were the installation of the computer files discharged from the site result in loss or any data alteration.
User accepts that is the only one responsible for: to) Systems Configuration, or requirements on destination; b) System selection, software and hardware; c) System use; and) damages that files discharged from Bubbacards.com could cause to users or third parties; f) the user's computer systems indemnity when installed such files.
8. Services use and contents offered in the site
Users will use the services, and consent the web site contents with dispositions settled down under these General Conditions; with those that arise the regulations of each service; with the juridical classification to the one that are subjected in reason of, place, people, or the matter which is, considered in their group; and according to behavior rules imposed by the morals and the good customs.
The services and existent contents on the web site, have been conceived mainly like a communication tool, provision of contents, or as leisurely activities.
8.1. Services or contents FORBIDDEN USE
Any use of services or contents that Bubbacards.com has for object, injure third parties rights, to act against juridical order or constitute an offensive practice, will be considered like FORBIDDEN USE of THOSE services or contents, as long as it transgresses the ends for those that were placed to user's disposition.
It will be considered like FORBIDDEN USE, among other, fixation, propagation, and reproduction of information, expressions, messages, bonds to web pages, and all other element that:
- Is offensive for individual right's, with special reference to the right of honor, to the dignity, to the intimacy, unless object of discriminatory treatments, to health, to image, and to the free speech; with absolute body legal independence where such rights acquire recognition.
- Has for object to harm security, and/or normal operation of any computer systems own by Bubbacards.com or a third party.
- Induces, instigate or promote criminal, illicit actions, dysfunctional or morally reproachable, or constitute a violation of rights on third people's intellectual property.
- Incorporates some form of publicity or commercial end not allowed by Bubbacards.com.
- Has for object to gather information of third parties in order to remitting them publicity or propaganda of any type or species, without being specifically requested.
8.2. Control measures
Bubbacards.com will be able to take the measures that considers convenient according to its exclusive approach, being able to suspend or to impede the access to the services or contents to those users who are doing forbidden use to the same ones, and without previous communication.
9. Intellectual property of Bubbacards.com
The whole existent material placed on the web page to the user's disposition for Bubbacards.com constitutes exclusive intellectual property of Bubbacards.com. To merely enunciatively title, users will understand each other including the images, pictures, designs, graphics, sounds, data compilations, marks, names, holding, appointments, distinctive signs, and all other accessible material through the site. They are specially understood inside the exclusive rights of intellectual property of Bubbacards.com, all rights on the graphic characters represented inside the web site, as well as their peculiar aspect, their names, and other distinctive characters.
Bubbacards.com reserved all rights about mentioned material, it doesn't give neither it transfers in favor of user any right about its intellectual property or that of third. In consequence, their reproduction, distribution, and/or modification will be specifically authorized on the part of Bubbacards.com, under punishment of being considered an infringing illicit activity of any rights of intellectual property of Bubbacards.com.
Web site Users will only have authorization for material use, property of Bubbacards.com, when its purposes where specifically those foreseen by Bubbacards.com.
As informative title, Bubbacards.com lay on users' knowledge and site visitors that the relative rights to the intellectual property of Bubbacards.com, are preserved internationally under protection Agreement of Berne; the WIPO treaty (World Intellectual Property Organization) it has more than enough royalties, and other coincident dispositions; the TRIPs agreement (Trade Related Aspects of Intellectual Property Rights); that assure the full international validity of the rights of Bubbacards.com in their group.
10. Web site operability
In correspondence with service gratuitousness offered contents, Bubbacards.com doesn't guarantee full website operability and access to all services and contents of the same one. In any case Bubbacards.com will respond for the operability, effectiveness and services security on contents to the users' disposition.
Services and contents lent by Bubbacards.com are not dedicated to their use like a tool of main communication. They constitute a complementary element, and it is to the exclusive will and the user's responsibility to base any communication type on the same ones.
11. Connect or links toward Bubbacards.com
Establishment of any "link" or connect, among a web page unaware to the site http://www.Bubbacards.com and any page of this last alone will be able to be carried out with expressed of Bubbacards.com Administration authorization.
In any case Bubbacards.com will be responsible for contents or existent manifestations placed on web pages from where the links settles down toward Bubbacards.com web site. The fact that a link exists between a web page and Bubbacards.com doesn't imply that Bubbacards.com has knowledge of it, or that Bubbacards.com maintains relationship some with the web page holders/owners from where the connection settles down.
Bubbacards.com reserved the right to request removal or elimination of any connection from a page web unaware to the site, at any time, without cause expression. The responsible for the web page from which you will make the connection will have a 48hs term counted starting from the Bubbacards.com order to proceed to any link removal or elimination.
12. Connect or links from Bubbacards.com
Links or existent connections on Bubbacards.com web page linking with web pages of third parties, have for purpose to improve user navigation experience, placing tools, contents and services lent by third parties unaware to Bubbacards.com at your disposal.
Bubbacards.com doesn't support neither it guarantees security, quality, truthfulness and suitability of any services and offered contents by third parties on the web site, or through the same one when these are outside the site. In that order Bubbacards.com won't respond for the damages that can experience users that get products or use services of third parties.
Access and web pages use connected from the Bubbacards.com web site will be the user's exclusive responsibility who will take all the necessary measures of caution according to the service type, content to which consents, or product that he/she acquires.
When any user considers inadequate a page linked from the web site, will be able to elevate its complaint or recommendation through the mechanism of accusations placed on the user's disposition on the part of Bubbacards.com.
13. Peculiar condition of each service and/or content.
Additionally to these General Conditions, each service or content in particular will be able to foresee a specific regulation to which the user will be held who make use of those contained services. Such regulations will be able to supplement, to modify, or to suppress part of the regulations.
14. Applicable legislation and jurisdiction.
All legal effects in relation to any services and offered contents or that can be offered on the web site will be applied the effective legislation in the Argentine Republic, and will be competent the ordinary justice with City of Buenos Aires jurisdiction.
©Bubbacards.com 2006