The following is a legal agreement between How Write You Are (“we”, “us”, or “our”) and “you” the user of the How Write You Are application and website (the “Application”). By downloading or using the Application, 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. The purpose of the Application is to allow the sending of electronic cards or other messages or any other content (the “Cards”). 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 the Application.

How Write You Are hereby grants you a limited non-exclusive license to copy and use the materials, features, and services provided by How Write You Are in this Application (collectively the “Materials”) solely for your personal, non-commercial use, subject to these Terms. No other use of the Application or Materials is authorized. This right ends when you no longer have access to the Application or receive the benefit of the services.

The products, technology, or processes described or used on this Application may be the subject of intellectual property rights reserved by How Write You Are or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of How Write You Are or any third party.

As a user of the Application you represent, covenant, warrant and agree in relation to all content, photos, images and other materials that you upload to the Application that: (i) You consent, or have obtained the consent of all individuals in the content, photos, images and that uploading those images onto the Application will not infringe the privacy of any individual referred to or depicted, directly or indirectly; and (ii) You have obtained the consent of all individuals referred to or depicted, directly or indirectly in the content, photos, images and that uploading the images onto the Application and any subsequent publication of such content, photos, images does not infringe upon the privacy or the intellectual property rights of any third party.

The following conduct is prohibited: sending messages that in any way breach a legal duty to a third party or that in any way infringe a person’s right to privacy; sending messages that promote discrimination or are likely to incite hatred; sending messages in furtherance of unlawful, criminal, or fraudulent activity; or attempting to conceal or misrepresent the identity of the sender.

Warranty Disclaimer

The Materials are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, How Write You Are disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. How Write You Are does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. How Write You Are does not make or give any warrantees or representations regarding the use of the Materials in terms of their accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Participation Disclaimer

How Write You Are reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right or another or (d) offensive or otherwise unacceptable to How Write You Are in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless How Write You Are, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, losses, damages, costs and expenses, of whatever kind and amount, including but not limited to litigation costs and reasonable attorneys’ fees, resulting from any violation of these terms and conditions.