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CELL-MAIL STORE
 
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“I have a relative that has been incarcerated for more than 15 years; I try very hard to stay in touch. .. I could never find the right words in a greeting card to send him. I found Cell Mail Greetings through a friend and I was so pleased with their services. .. I now send money orders and greeting cards regularly. .. He looks forward to the cards and money I send. .”
-Querino Pereira

Terms of Use

 

Welcome to Cell-Mail Greetings. Cell-Mail Greetings provides services to you under the following terms of use, which we may update from time to time without notice to you. By using this site you agree to these terms of use. Please read these Terms of Use carefully before using Cell-Mail Greetings. Your continued use of Cell-Mail Greetings indicates your agreement to be bound by these terms of service in effect at the time of such use. The term "Cell-Mail Greetings" used in these terms of use means Cell-Mail Greetings and its parents, subsidiaries and affiliates.

 

PRIVACY
Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.

 

COPYRIGHT
All content included on this site, such as text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of Cell-Mail Greetings or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cell-Mail Greetings and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Cell-Mail Greetings. This prohibition includes, but is not limited to, the use of any proprietary Cell-Mail Greetings characters on any website, in e-mails, or in other media without express written permission from Cell-Mail Greetings.

 

USER CONDUCT
You agree that any information you provide to Cell-Mail Greetings is truthful and accurate. You agree to not use Cell-Mail Greetings to upload, post, e-mail, send by printed card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to Cell-Mail Greetings, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Cell-Mail Greetings for all claims resulting from any content you supply. By submitting content to Cell-Mail Greetings through phone, web-based functions or via e-mail, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Cell-Mail Greetings solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to Cell-Mail Greetings for the sole purpose of delivering products and services.


You acknowledge that Cell-Mail Greetings is not obligated to prescreen content submitted by users, but that Cell-Mail Greetings shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via Cell-Mail Greetings or to refuse to accept content for use in any products or services offered on or through Cell-Mail Greetings by any user that violates these terms of service or is otherwise objectionable in Cell-Mail Greetings' sole judgment. You agree that we are not liable for content provided by others.  The text and other material of content provided by others may represent the opinion of the specific author and are not statements of, advice, opinion, or information of Cell-Mail Greetings. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.  Cell-Mail Greetings may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, Cell-Mail Greetings does not receive information it deems sufficient to evidence such rights, Cell-Mail Greetings reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.


You also acknowledge and agree that Cell-Mail Greetings may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Cell-Mail Greetings, its users and the public.


Cell-Mail Greetings grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Cell-Mail Greetings or where expressly permitted. You agree not to use or resell Cell-Mail Greetings or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages.


Cell-Mail products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use the Cell-Mail website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on the Cell-Mail website, we will remove that information as soon as possible.

 

DELAYS
Cell-Mail Greetings shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, acts of God, curtailment of a party’s source of supply, or government decrees or orders.
Cell-Mail Greetings shall not be responsible for delivery delays, damage or loss of products by the postal service or other mail or delivery companies in the U.S. or other countries.

 

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL CELL-MAIL GREETINGS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF CELL-MAIL GREETINGS OR A CELL-MAIL GREETINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CELL-MAIL GREETINGS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CELL-MAIL GREETINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CELL-MAIL GREETINGS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CELL-MAIL GREETINGS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CELL-MAIL GREETINGS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

PRODUCT INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on Cell-Mail Greetings may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Cell-Mail Greetings reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

 

UNSOLICITED SUBSMISSIONS
Cell-Mail Greetings welcomes comments regarding its products and services. However, it is not Cell-Mail Greetings' policy to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Cell-Mail Greetings' production staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Cell-Mail Greetings. None of the Information shall be subject to any obligation of confidentiality on the part of Cell-Mail Greetings and Cell-Mail Greetings shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

 

NOTICE
Notices to you may be made via either email or regular mail to the address that you provide to Cell-Mail Greetings. We may also provide notices of changes to the terms of service or privacy policy by displaying notices or links to notices to you generally on www.cellmailgreetings.com.


Notices to Cell-Mail Greetings should be sent to:
Cell-Mail Greetings
PO Box 48037
Oak Park, MI 48237

 

TERMINATION
This agreement will terminate immediately without notice from Cell-Mail Greetings if in Cell-Mail Greetings' sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Cell-Mail Greetings and all copies thereof, whether made under the terms of this agreement or otherwise.

 

DISPUTES AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. To the extent you have in any manner violated or threatened to violate Cell-Mail Greetings' intellectual property rights, Cell-Mail Greetings may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts.

 

MISCELLANEOUS
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.


Cell-Mail Greetings makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.


No term or provision of this agreement shall be deemed waived and no breach or default shall be deemed consented to unless the waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach or default by the other, whether express or implied, shall constitute consent to or a waiver of any different or subsequent breach or default.

 

COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Cell-Mail Greetings respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Cell-Mail Greetings' Copyright Agent and provide the following information:

 

*an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
*a description of the copyrighted work or other intellectual property that you claim has been infringed;
*a description of where the material that you claim is infringing is located on the site;
*your address, telephone number, and email address;
*a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
*a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Please send your copyright information to:
Cell-Mail Greetings
PO Box 48037
Oak Park, MI 48237




 
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