Platypus Terms of Service

The following is a legal agreement between Platypus CO Foundation, a Canadian company with offices at 5297 Cindy Lane, Burlington, Ontario L7L 3Y4 (“Platypus”, “we”, “us” or “our”) and “you”, the user of this Site.

By accessing, browsing and/or using this web site (“Site”), you acknowledge that you have read, understand, and agree to be bound to these terms of service (“Terms”) and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.

Your Use of the Site

Platypus hereby grants you a limited license to use the services provided by Platypus on this Site solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the services. No other use of the Site or services is authorized. You agree that any copy of the services (or any portion of the services) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site services or posting of the services on other web sites is strictly prohibited.

The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Platypus 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, estoppels or otherwise, any license, title or ownership of or to any intellectual property right of Platypus or any third party.

Acceptable Use Policy

Platypus has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While Platypus does not ordinarily monitor the content of users’ greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

Sending harassing, abusive or threatening messages;
Sending obscene or pornographic messages or images;
Sending defamatory or libellous 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; or
Attempting to conceal or misrepresent the identity of the sender.

Violations of Platypus’s Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional greetings on the service. PLATYPUS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR 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 PLATYPUS TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USER POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Spam

You may not use this Site to send online greeting cards 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 scripting-type programs that automate the process of sending or viewing any of the Site is strictly prohibited. Platypus reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. We do not exercise editorial control over your transmissions; however we do reserve the right to review your transmissions in order to ensure compliance with these Terms.

Links and Advertisements

Platypus may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH PLATYPUS. PLATYPUS MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. PLATYPUS WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY PLATYPUS ADVERTISER OR SPONSOR. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

There may be circumstances where access to this Site is provided by a link located at another web site. Platypus does not make any representation or give any warranties with respect to any information contained in or at these other sites and Platypus will not be liable for any damages or injury arising from the content of these other sites. Platypus 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.

Warranty Restriction; Limitation of Liability

THE MATERIALS, 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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. PLATYPUS.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT OT CHANGE WITHOUT NOTICE.

NEITHER PLATYPUS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR 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 ATTORNEYS FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF PLAYTPUS.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 PLATYPUS.COM’S AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

PLATYPUS TAKES NO RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT 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 SITE. YOU AGREE TO HOLD HARMLESS PLATYPUS AND PARTIES WITH WHOM PLATYPUS HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

International Use

Platypus makes no representation that services on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

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

Enforcement by Platypus.com

In the event Platypus determines, in its sole discretion, that you have violated these Terms, Platypus shall have the right to immediately terminate your account, refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.

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 Province of Ontario. Any dispute arising between you and Platypus CO Foundation will be submitted to binding arbitration in Toronto, Ontario.

Updates to Terms

Platypus shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.