Welcome to PKXL Cards, Inc.’s PKCards.com (PKCards) community website. These website terms of use (TOU) apply to your use of PKCards.com (the site). These TOU apply to each visitor to and user of the site (a user), including you and any other unregistered users, registered users and subscribers (a member). By visiting or using the site you agree to this TOU. The purchase or use of products and community services (such as blog, forum or profile features) available to members through the site may also be subject to certain additional terms and conditions provided with those products or community services.

Unless otherwise stated, PKCards may change the TOU at any time and the changes will become effective immediately. You are responsible for checking the TOU regularly for changes and your continued use of the site indicates your acceptance of any changes to the TOU.

Additional guidelines, such as the PKCards Rules of Conduct and the PKCards Privacy Policy may be posted from time to time on the site, and you agree to use the site in accordance with these guidelines.

User Content

By uploading, posting or submitting any images, designs, video, code, data, lists, text or other material or information (collectively referred to as member content) to or through this site, including without limitation on any member profile page) you hereby irrevocably grant to PKXL Cards, Inc. (PKXL), its affiliates and sublicensees, an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such member content (in whole or in part) in any media and to incorporate the member content into other works in any format or medium now known or later developed. The foregoing grants include the right to exploit any proprietary rights in such user content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You represent that (1) you own or control all the rights to the member content that you post or you otherwise have the right to post such content to the site, (2) the member content is accurate and not misleading, and (3) use and posting of the content you supply does not violate these TOU and will not violate the rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any member content posted by you or through the site.

You are solely responsible for the member content that you post, store or upload on or through the site, including all materials or information that you transmit to other users. PKXL does not have any obligation to delete, screen or edit any of the member content posted, uploaded or stored on or through the site. However, PKXL reserves the right to delete or edit any member content posted, stored or uploaded on the site at any time and for any reason without notice. Without limitations to the foregoing, PKXL may remove any member content that in the sole judgment of PKXL violates these TOU or any posted guidelines, or that may be offensive, illegal or violates the rights, harm or threaten the safety of any person. PKXL does not endorse any member content and takes no responsibility and assumes no liability for any member content posted, uploaded or stored by you or any third party, or for any loss or damage thereto.

Intellectual Property Ownership

The text, images, designs, logos, code, data and other materials and information, as well as the selection and arrangement thereof, available through the site (collectively referred to as site content) are the proprietary property of PKXL or its licensors or other members and are protected by copyright, trademark and other intellectual property laws. You are granted a limited, non-sublicenseable license to access and use the site and electronically copy (except where specifically noted) and print to hard copy portions of site content for your personal, noncommercial use only provided that you preserve any copyright, trademark or other similar notices contained in or associated with such site content. Your limited license is subject to this TOU and does not include (1) any commercial use of the site or any site content therein; (2) the collection and use of any product or service listings, pictures or descriptions; (3) the distribution (through any media), public performance or public display of any site content; (4) modifying or otherwise making any derivative uses of the site and site content, or any portion thereof; (5) the use of any data gathering or extraction methods; (6) downloading (other than page caching) of any portion of the site, any site content or any information contained therein except as expressly permitted on the site; or (7) any use of the site or site content other than for its intended purposes. Any use of the site or site content other than as specifically authorized herein, without the prior written permission of PKXL is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.

Limits on the use of this site

You agree not to engage in any of the following:

1. Use any automated means including but not limited to agents, scripts, spiders or robots to access, monitor, data scrape, copy or transfer any part of the site (including any member data whether individually or in the aggregate;
2. Probe, survey, scan or test the vulnerability of the site, or breach the security or authentication measures on the site;
3. Trace or seek to trace through any means whatsoever any information on any member or other visitor to the site, including information on any member account other than your own, to its source;
4. To exploit the site in any way with a purpose of revealing any information, including but not limited to personal identification or information other than your own information;
5. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site;
6. Use any software routine or device to interfere or attempt to interfere with the proper working or authorized uses of the site or with any person’s use of the site;
7. Manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the site;
8. Impersonate any other individual or entity or misrepresent your own identity or your affiliation with another individual or entity;
9. Use the site in an illegal manner or for any unlawful purpose; or
10. Violate any applicable guidelines, including without limitation the PKCards Rules of Conduct.

Privacy Policy

PKCards Privacy Policy details how PKXL collects, uses and discloses personally identifiable information from you and other members and visitors to the site.

Links to other sites

PKCards.com may contain links to third party websites. These links are provided as convenience only. PKCards does not control and is not responsible for the content of such third party websites or the conduct of the operators of such websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or any other materials on such third party websites. PKCards encourages you to exercise care and discretion when surfing the internet. If you decide to access linked third-party websites, you do so at your own risk.

Disclaimers and limitations on liability

The site and site content are provided ‘as is’ and without warranties of any kind either express or implied. PKCards does not warrant or make any representations regarding the use or the results of the use of any site content in terms of its correctness, accuracy, reliability or otherwise.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL PKCARDS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SITE OR ANY SITE CONTENT (INCLUDING ANY DOWNLOADED MATERIALS) EVEN IF PKCARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PKCARDS TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT YOU PAID TO PKCARDS, IF ANY, FOR PRODUCTS OR SERVICES IN CONNECTION WITH THE SITE.

Because of the possible sources of site content and the inherent uncertainties of electronic distribution, there may be delays, omissions or inaccuracies in site content. Moreover, site content may include facts, views, opinions and recommendations of individuals and entities other than PKCards. PKCards does not endorse, assert or guarantee the truthfulness or reliability of any such facts, opinions or recommendations, nor any statements made by third parties, including without limitation, information contained in the forum and public posting areas of the site.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PKCARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS AND NON-INFRINGEMENT. PKCARDS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE OR THE SITE CONTENT. PKCARDS DOES NOT WARRANT THAT THE SITE OR ELEMENTS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, ITS CONTENT OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

Indemnity

You agree to indemnify, defend at your cost and hold harmless PKCards, its affiliates, subsidiaries, parent companies and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively referred to as indemnified parties), from and against any losses, liabilities, expenses, claims, damages and costs of any nature, including reasonable attorneys’ fees, arising out of or relating to any member content you post, store or transmit on or through the site or your use or inability to use the site, including without limitation any actual or threatened suit, demand or claim made against the indemnified parties arising out of or relating to your member content, your conduct, your violation of these TOU or your violation of the rights of any third party.

Unsolicited submissions and feedback

PKCards and its employees will not accept or consider unsolicited materials provided to PKCards regarding any products or services of PKCards or its affiliates, subsidiaries, parent companies or contractors. If despite this request you still send unsolicited material, PKCards may not treat your submissions as confidential or proprietary and may disclose your submissions to any other person or entity, whether publicly or privately. With respect to any such submissions you provide that PKCards accepts inadvertently or otherwise contrary to the above policy, you hereby grant an irrevocable, nonexclusive, perpetual, worldwide, royalty-free and fully sublicensable license to use, distribute and display your submissions and the inventions embodied therein for any commercial or other purpose, without acknowledgement or compensation to you.

Solicited feedback

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to PKCards in response to a request for such materials are non-confidential and shall become the sole property of PKCards. PKCards shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You agree to execute any and all documents that PKCards may reasonably request in connectiton with conforming PKCards’ ownership of and unlimited right to use such material. This section of the TOU is not intended to apply to any personal information about you, such as your name, mailing address and email, the use (and disclosure) of which is set forth in PKCards Privacy Policy.

Mature Site Content

Certain site content contains mature themes and therefore may be posted specifically age restricted for access and viewing. You may be exposed to site content that you find offensive, indecent or objectionable. By using the site you assume all risks associated with its use. We encourage parents to supervise their children’s use of the site and maintain open communication regarding appropriate materials for use and viewing by their children.

Copyright Policy

This site belongs to PKXL. PKXL or other third parties who have licensed PKXL’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the site as specifically available for downloading. Such material is for noncommercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use site content for public or commercial purposes, including the text, images, audio and video without PKXL’s written permission.

Furthermore, you may not post, modify, distribute or reproduce in any way copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner.

PKCards will terminate the privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to PKXL by the copyright owner or the copyright owner’s legal agent.

If you believe that any content appearing on this site infringes your copyright rights, PKXL wants to hear from you immediately. Please forward to our copyright agent your name, address, telephone number and email along with both a description of the copyright work that you claim has been infringed and the exact URL where the alleged infringing material is located. (This is required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512). Your letter should include a statement that you have a good faith belief that the disputed use has not been authorized by you, your agent or the law and a statement that under penalty of perjury the information in your notice is accurate – that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent

PKXL Cards, Inc.
9108 Tyler Boulevard
Mentor, OH 44060

Export Control

Software connected with this site may be subject to United States export controls. No such material may be downloaded from the site in violation of U.S. export laws. Download or use of such material is at your sole risk. You agree not to upload to the site any material that cannot be exported without prior government authorization.

Applicable Law

These Terms and Conditions and the relationship between you and PKXL, shall be governed by the laws of the State of Ohio, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Ohio, United State of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Cuyahoga County, Lake County or Geauga County.

Severability

If any provision of this TOU is found to be invalid by any court of competent jurisdiction, then that provision shall be demed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. Failure to enforce any of these provisions by PKXL shall not be construed as a waiver of PKXL’s right to assert or rely upon any provisions, rights or remedies in that or any other instance. No waiver of any term of these TOU shall be construed a further or continuing waiver of any such term.