TERMS & CONDITIONS
The followings are the Terms and Conditions for an agreement applicable to your use of our services (whether you use our services under a membership fee or a free membership) at Holidate.


DISCLAIMER
The use of any of our services such as chat, e-card, response mailbox, upload or download images, information or data submitted, including any materials provided through Holidate services, is at your own risk. Holidate services is not a safe-keeping storage facility. Although Holidate takes reasonable precautions to preserve your data and materials, you are solely responsible for making your own backup copies of your materials in which you provide. Holidate and its service providers are NOT responsible nor liable for any loss or damage of materials or imformations which you sent, posted or submitted to us.

You are solely responsible for, and bear all risks and liabilities associated with all material(s) you send to Holidate. Also, you are solely responsible and liable for any and all claims or demands made by other(s) for which your material(s), or your use of our services may have caused. You are solely responsible for the manner in which the materials you may use or allow other persons to use in connection with Holidate services. Holidate and its service providers disclaim any and all responsibility and liability regarding all such matters.

Although we take high security measures to protect your privacy of informations, Holidate can not eliminate all possible risks that could compromise your privacy of information. In some cases, our services may not be continuous or uninterupted, or completely secure, and as indicated above, the use of our services is at your own risk. Holidate and its service providers disclaim any and all responsibility and liability regarding all such matters in regard.

Holidate and its service providers are under no obligation to verify the identity or member or users of our services. Holidate and its service providers do not control, screen, monitor, police, or edit the materials sent or submitted to us for compliance with applicable laws or this agreement. You may find some of the materials posted by other users, including chat messages, to be offensive, harmful, inaccurate or deceptive. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE WEB, CHAT, AND RELATED SERVICES.

Holidate and its service providers are not liable to you or any other person for any loss or damage arising from or related to any misprints or errors on the web site, including the unavailability of any product or service, any delay in the availability of products or services, or any changes in the price of products or services.

Holidate services is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by Holidate and its service providers to the fullest extent permitted by laws.

Through your use of Holidate services, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. Holidate and, unless they expressly agree otherwise, its service providers are not parties to any such transactions, and disclaim any and all liability regarding all such transactions.


GOLD MEMBERSHIP
If you purchase a Holidate membership, you warrant that all information that you submit is true accurate. (including without limitation your credit card number and expiration date). All fees and charges will be at the rates in effect at the time the charges were incurred. All amounts appearing on the Web Site are quoted in US dollars.

To cancel gold membership, simply login and click on "Cancel Goldmember" link locates at the top right corner of "My Album" page.


USER GUIDELINES
As a register member at Holidate, you may receive notifications and important updates emails send to you from our services. If you do not wish to receive our notification or update emails, you will need to notify us that you wish to delete your membership and no longer want to use our services.

Holidate is not responsible for the content displayed, and the views expressed in the gallery or community areas of Holidate are the responsibility of the posting Member and not Holidate. Holidate reserves the right to remove any image, data, or album from the Site without notice. Holidate provides space for Member Albums but makes no implied or express warranties about the reliability of these albums. Holidate is not responsible for any damage caused by loss of access to, or deletion or alteration of any albums or any image or data in albums; individual member or user are responsible for monitoring and creating backups of their albums. Holidate does not control the content of any albums and does not have any obligation to monitor such content for any purpose. All content provided by a user of this site is the sole responsibility of that user, and not our.

It is our policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. Holidate may investigate a violation of its terms and conditions of use of the Web Site or its policies pursuant to a complaint, or based upon its own discovery (although Holidate does not monitor the Web Site), and may take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. Holidate reserves the right and has absolute discretion, to remove, screen or edit any content that violates its terms and conditions of use of the Web Site or is otherwise objectionable. To cooperate with governmental requests, to protect our systems or customers, or to ensure the integrity and operation of our business and systems, Holidate may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. Holidate's right to disclose any such non-confidential or non-privileged information shall govern over any terms of Holidate's Privacy Policy.


LIABILITY
Holidate and its service providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of Holidate services by you or any other person, and regardless of any negligence or other faults or wrong doing by Holidate or its service providers or any other person for whom any of them is responsible, and not withstanding that Holidate or its service providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.

Without limiting the forgoing, in no event will Holidate and its service providers ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of laws or equity, and regardless of any negligence or other faults or wrongdoing by Holidate or its service providers or any person for whom either Holidate or its service providers are responsible, in an amount exceeding our membership fee or the pro-rated amount you paid to Holidate membership for the uses of Holidate services which are the subject of the claim, whichever is less.


RELEASE & INDEMNITY
You hereby release, remise and forever discharge Holidate and its service providers and each of their respective agents, president, managers, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Holidate services.

You agree to indemnify, defend and hold Holidate and its service providers and each of their respective agents, president, managers, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all damages, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with use of Holidate services by you or anyone accessing the Holidate services using your user id or password. you will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand.

Advice and information provided by Holidate or its services providers or their representatives, or through Holidate services, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer(s), liability exclusions, liability limitations, release and indemnity provisions, and you may not rely upon any such advice or information.


YOUR COPYRIGHTS
Holidate respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this web site, please contact us for notice of claims of copyright infringement.

You must provide our agent with the following information, which Holidate may then forward to the alleged infringer: describe the copyrighted work that you believe has been infringed; Identify the material on Holidate's site that you believe infringes your work, with enough detail so that we may locate it on the site; Provide your address, telephone number, and email address; Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Declare under penalty of perjury that:

• The information you have provided to us is accurate, and

• You are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,

• Provide your physical or electronic signature. Upon receiving your complaint, Holidate may remove content that you believe infringes your copyright. In addition, Holidate may terminate the account of the member who appears to be infringing your intellectual property rights.

Holidate claims no ownership rights in any image contained in any of your photo albums.


TERMINATION OF AGREEMENT AND HOLIDATE SERVICES
Holidate may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Holidate services or any part of it at any time, for any reason, without any notice to you and without any liability to you or any other person.

Holidate or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Holidate services and any Holidate membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the Holidate services and permanently delete and destroy any Materials (or any components thereof) that you or others may have sent, posted or submitted to the Holidate services (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (iv) restrict access to the Materials posted or submitted to the Holidate services and to any account you may have; and (v) bar you from any future use of the Holidate services; all without any prior notice or liability to you or any other person.

Holidate and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that we may receive regarding any materials that you may use or allow others to use in connection with Holidate services (including materials posted or submitted to Holidate services) before Holidate and its service providers take any remedial action that we consider, in our sole discretion, to be appropriate.

If this Agreement is [terminated by you] or by Holidate for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of Holidate services, including payment of any charges accrued in connection with use of Holidate services; (b) Holidate may immediately remove from the Holidate services and permanently delete and destroy any materials that you or others may have posted or submitted to Holidate services without any prior notice or liability to you or any other person; and (c) any fees and charges previously paid by you for unused services will not be refunded.