| The following is a legal agreement between www.withattitude.net,
With Attitude,Inc., AKA With Attitude!(Cards and More) henceforth known as With
Attitude, Inc. and "you" the user of this site.
With Attitude,Inc. is a fun e-card, games & entertainment service intended
to facilitate electronic communications and entertainment for lawful private use.
By using the services provided by With Attitude, Inc. "you" agree
with the following website rules. If you cannot abide by these rules, we respectfully
ask that you not utilize our website.
Terms of Service and Site Use Agreement
With Attitude,Inc. strongly believes in people communication and in the freedom
of expression so long as "you" the user does not send threats of any
kind including but not limited to harassment, (for example a large amount of cards
sent to the same person) or threats against life and limb or any other action
or words that could be viewed as threatening is prohibited. If "you"
chose to abuse this service or the humor that is portrayed on this site, then
With Attitude, Inc. will take appropriate measures, including but not limited
to, excluding "you" from using the site. In the event With Attitude,
Inc., in it's sole discretion determines that you have violated these Terms, With
Attitude, Inc. shall have the right to immediately terminate, refuse, or block
the sending of e-greeting cards from the site, and/or pursue any other remedies
available to it in under applicable law.
You are solely responsible for your actions and communications undertaken
or transmitted using this Site. Neither we nor our affiliates exercise editorial
control over your transmissions; however, we do reserve the right to review your
uploads and transmissions in order to ensure compliance with theses Terms and
Agreement.
Updates to Terms And Agreements; With Attitude, Inc. shall have the right to
revise, alter or change 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.
ACCEPTABLE USE POLICY
With Attitude, Inc. has adopted the following Acceptable Use Policy in order
to assure that its electronic greeting cards are used in a lawful and appropriate
manner. While With Attitude, Inc., www.withattitude.net
ordinarily does not monitor the content of user's greetings, it reserves the right
to investigate reports of misuse of its service and to protect its intellectual
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 libelous messages;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- sending messages in furtherance or unlawful, criminal, or fraudulent activity;
or
- attempting to conceal or misrepresent the identity of the sender
Violations of the With Attitude, Inc. Acceptable Use Policy will not be tolerated
and may result in the sender being blocked from sending additional greetings on
the service. If the sender, "you", is a member of www.withattitude.net,
With Attitude, Inc. service, www.withattitude.net,
With Attitude, Inc. will disable the sender's, "you", account without
compensation or refund. WITH ATTITUDE, INC. 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 IN VIOLATION
OF ONE AND/OR ALL OF THE ABOVE TO ADDRESS VIOLATION(S) AND 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. By using this
site properly and for which it was intended "you" avoid the latter.
Since this is a service, our pages may contain advertising from sponsors at
any given time. There will be no ads on the actual postcards. We will not accept
any advertisement from entities whose products or advertisements we determine
to be inappropriate in any way. We do not allow sites with adult material, or
sites which contain links to adult material at our website.
Individuals, organizations and businesses may not send With Attitude, Inc.
cards to people or other entities on mailing lists and usenet news groups that
they do not have full rights to use, nor send them to people or other entities
with whom they are not acquainted. This service is intended for private use. Sending
multiple postcards with advertising content is considered abuse of this service
and we'll take appropriate measures to exclude users who deliberately violate
this rule.
WithAttitude.net reserves the right to alter, change or update this policy.
With Attitude, Inc., WithAttitude.net encourages "you" to periodically
review this policy.
PRIVACY POLICY / INFORMATION COLLECTED AND HOW WE USE IT
WHAT WE COLLECT
With Attitude, Inc. primary goal in collecting personal information from you
is to give you a meaningful, enjoyable and customized experience while using our
websites.
a) Personal Information
When you visit With Attitude, Inc. websites, we will not collect any personal
information about you (including but not limited to your name, address, e-mail
address, and credit card number unless you provide it to us voluntarily. Credit
card numbers are not kept by With Attitude, Inc. Only With Attitude, Inc. secure
credit card banking processor, VeriSign, appropriately has credit card information
in their database.
If you opt not to provide us with personal information you can still access
our websites; however you may be unable to participate in certain games, memberships,
programs or promotions.
b) Aggregate and Statistical Data
With Attitude, Inc. www.withattitude.net
website may collect certain aggregate data called web log information (such as
your web browser, operating system, pages visited, etc.) and use cookies when
you visit many of our webpages. For instance, when you visit one of our websites,
our web server will automatically recognize some non-personal information, including
but not limited to the date and time you visited our site, the pages you visited,
the referrer (the website you came from), the type of browser you are using (e.g.
Netscape, Internet Explorer), the type of operating system you are using (e.g.
Windows '95 or Mac OS), and the domain name and address of your Internet service
provider (e.g. AOL). Neither our cookies nor web beacons nor web log information
collects any personal information. They do not contain personal information such
as your name or e-mail address. In some cases we may collect information about
you that you voluntarily submit and which is not personal, such as general statistical
information.
INFORMATION WE COLLECT
With Attitude, Inc. does not require visitors to our websites to provide personal
information in order to obtain access to any of our sites. With Attitude, Inc.
collects personal information (including but not limited to your name, address,
telephone number, and e-mail address) from our visitors only on a voluntary basis.
You are in control of the personal information you provide to www.withattitude.net,
With Attitude, Inc.
Registration/Membership: To fully use our websites, visitors may need to register
using our online registration forms, where visitors will be required to provide
us with their personal information. Visitors may also be asked to select a user
ID and password. Further, to register for certain services or become a member
of certain communities, we may ask visitors to submit their name, e-mail address,
home address, and zip/postal code. In addition, we ask for country of residence
and sometimes age so that we can comply with all applicable privacy regulations.
You can further make choices about receiving e-mail newsletters and alerts from
With Attitude, Inc. You can always decide not to receive or stop receiving any
e-mail from With Attitude, Inc.
HOW WE USE YOUR INFORMATION
a) Personal Information
We may use your personal information to contact you about new games, e-cards
or programs. For example, we may send you promotional e-mails; we may respond
to your comments or requests for information; or we may contact you if needed
in the course of processing.
We also use personal information about you to improve our marketing and promotional
efforts; to statistically analyze site usage; to improve our content and program
offerings; and to customize our sites' content, layout and services.
b) Aggregate and Statistical Data
With Attitude, Inc. collects information (such as your web browser, operating
system, pages visited, etc.) to help us design our website, to identify popular
features, and for other managerial purposes. However, web logs may be used if
necessary to help identify any person attempting to break into or damage our website.
We may share web log information with law enforcement agencies if we believe that
we have evidence of a violation of computer security or related laws.
DATA SHARING
a) How We May Share Information
We will not share, trade or sell personal information of our visitors for
use by any business. With Attitude, Inc. reserves the right to share the information
to respond to duly authorized information requests of governmental authorities
or where required by law
b) Data Stored
Personal information will generally be stored in our With Attitude, Inc. databases,
which are located in the United States.
COOKIES AND WEB BEACONS
When you view one of our websites or interactive advertisements, we may collect
some non personal information about you. The collection of this non personal information
is done either through the "cookie" technology or with "web beacons" (also called
"single-pixel gif" or "web pings"). Neither our cookies nor web beacons nor web
log information collects any personal information.
a) Cookies
When you view one of our websites or interactive advertisements, we may store
some information on your computer. This information will be in the form of a small
text file, also called a "cookie". Cookies help us in many ways to make your visit
to our website more enjoyable and meaningful to you. For example, cookies avoid
you having to log in every time you come back to one of our websites. Most browsers
can be configured not to accept cookies or to indicate when a cookie is being
sent.
b) Web Beacons
Web beacons are site instrumentation that help us to determine, for instance,
whether a page has been viewed or not and, if so, how many times. When you ask
us to send you information on a promotion or a newsletter, we may use web beacons
to establish how many of the e-mails are actually opened. In general, any electronic
image viewed as part of a web page, including an ad banner, can act as a web beacon.
CHOICE
Our sites allow you to choose to receive or stop receiving communications
from us. If you would like to be removed from www.withattitude.net,
With Attitude, Inc. programs you enrolled in please use our Contact
Us page.
primo world fee
We charge a small fee for this section because Primo World E-cards and Primo World Games take several days or weeks to draw and animate. In addition, we add sound and carefully timed voiceovers performed in a professional recording studio to some of the cartoon character animations. We also have kept the monthly fee to a minimum so it is comparable to spending the same amount on a movie, a toy, candy, a game, or the lottery. As a result, our policy is that PRIMO WORLD FEES ARE NON-REFUNDABLE.
We also DO NOT permit any advertisements on our website. We pay for the bandwidth, hosting, and employees to create Primo World. Because Primo World is funded entirely by With Attitude, Inc. , a small fee of $2.50 (USD) is necessary for which you can enjoy all Primo World E-cards and all Primo World Games for one month. For this section, we require parental or legal guardian permission for user registration in compliance with the CHILDREN'S ONLINE PRIVACY PROTECTION ACT, otherwise known as COPA Law's.
ELECTED TERMINATION OF PRIMO WORLD SERVICE
The regulations/policy shall permit the operator of a website or an online service to terminate service provided to a child whose parent has refused use, or to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child. To comply with this regulation we shall terminate Primo World service immediately upon parent request. However, PRIMO WORLD FEES ARE NON-REFUNDABLE.
ORDER CANCELLATION OF PRIMO WORLD FEE
Use of Primo World is allowed immediately after order confirmation and activation . The banking fee & our handling fee to cancel an order via the banking process is to charge a "charge back fee" almost equal to the Primo World Fee. This would not be cost effective to either the user or With Attitude, Inc. Thus our policy , PRIMO WORLD FEES ARE NON-REFUNDABLE.
The Children's Online Privacy Protection Act Links
The
Children's Online Privacy Protection Act
http://www.gseis.ucla.edu/iclp/coppa.htm
Children
and Social Welfare Laws
http://usinfo.state.gov/usa/infousa/laws/majorlaw.htm
Kids Privacy
http://www.ftc.gov/kidzprivacy/kidz.htm
CHILDREN'S PRIVACY
With Attitude, Inc. believes that it's especially important to protect children's
privacy online and encourages parents and guardians to spend time online with
their children to participate and monitor their Internet activity.
With Attitude, Inc. respects all applicable national and international children's
privacy regulations.
With Attitude, Inc. does not intend to collect personal information from children,
except on some of our children's websites, in which case we will collect such
information in accordance with local laws and regulations on children's privacy.
If we collect personal information from children, we ask only for the information
necessary to participate in the program for which the child is registering.
Where appropriate, with Attitude, Inc. will specifically instruct children
not to submit such information on our websites and/or will take reasonable steps
to ensure parental consent to such submission. For instance, we may ask for a
visitor's age, birthday, or birth year in order to determine whether or not the
visitor is a child. If the birthday or birth year entry reveals a child is under
the age limit as defined by the applicable local or national law, we will not
allow the child to continue without the guardian's consent. If a child has provided
us with personal information, a parent or guardian of that child may contact us
at the e-mail address or address listed at the bottom of this Privacy Statement
if they would like this information deleted from our records. We will use reasonable
efforts to delete the child's information from our databases.
If you would like to contact us about your or your child's personal information,
or to find out how you can have your child's personal information removed from
our database, please use our Contact Us page.
INFORMATION GATHERED FROM primo world users
If "you" elect to purchase entry to the PRIMO WORLD and on www.withattitude.net ,
With Attitude, Inc., you will be required to provide us with certain personal
information, including your name, a valid e-mail address, password, credit card
number, expiration date and billing address (this required information is subject
to change from time to time). This information is needed to purchase membership
and to track the date membership started and the date your membership expires.
There will also be opportunities for you to provide us with additional information
regarding your interests. This information, however, is not required and is completely
optional on your part. PRIMO WORLD FEES ARE NON-REFUNDABLE.
primo world users DATA HIGH SECURITY AND FRAUD PROTECTION
With Attitude, Inc. is committed to keeping the data you provide us secure
and will take reasonable precautions to protect your personal information from
loss, misuse or alteration. We use secure connections on our web sites to protect
credit card information during its transmission.
VeriSign is our secure credit card processor. VeriSign services enables transactions.
All transactions processed on VeriSign-hosted forms occur over secure SSL connections.
All information required to ensure both authentication and security are hosted
by VeriSign.
We do NOT, under any circumstances, make our website user's e-mail addresses
available to any third parties.
Disclosure Exceptions; Notwithstanding the above policies, we reserve the right
to disclose your personal information to appropriate third-parties if we are required
to do so by law or we believe that such action is necessary:
- To comply with legal process such as a search warrant, subpoena or court order;To
protect the corporations/company's rights and property
- To investigate reports of users sending material using false e-mail address
or users sending harassing, threaten, or abusive messages
- To protect against misuse or unauthorized use of our web site, www.withattitude.net,
and/or the With Attitude, Inc., With Attitude!(Cards and More) service; or during
emergencies, such as when we believe someone's physical safety is at risk.
YOUR ACCEPTANCE OF OUR PRIVACY PRACTICES
By using this website or any other With Attitude, Inc. website, you signify
your acceptance of this Privacy Statement, and you adhere to the terms and conditions
posted on the website. If you do not agree with any of these terms, please do
not use this website or submit any personal information.
Please check back for updates to this Privacy Statement - last updated July
5, 2004
COMPLAINTS
With Attitude, Inc. is committed to working with consumers to obtain a fair
and rapid resolution of any complaints or disputes about privacy. Please send
us your questions or comments regarding our privacy practices by clicking onto
our Contact Us page.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All material on this site, including but not limited to images, cartoon caricatures,
illustrations, audio clips, original flash mimi movie clips, games is protected
by copyrights, trademark, and other intellectual property rights which are owned
and operated by www.withattitude.net,
With Attitude, Inc. Such material may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, including by e-mail
or other electronic means. Without the prior written consent of With Attitude,
Inc., www.withattitude.net, the owner,
any modification of the materials, use of the materials for any purpose other
than personal private use, non-commercial use is a violation of the copyrights,
trademarks, and other proprietary rights, and is prohibited.
LINKS
You may establish a hypertext link to this site provided that the link does not state or imply any sponsorship or endorsement of your site by With Attitude, Inc. You are in violation if you hotlink to any of our files on our site. To do so is stealing bandwidth off our server . This is illegal. This includes placing any of our site content in a frameset or iframe.You may not upload our copyrighted materials into your server. You may not use on your site any trademark, service marks or copyrighted materials appearing on the www.withattitude.net , With Attitude, Inc., site, including but not limited to any logos, games or characters without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on the www.withattitude.net , With Attitude, Inc., site without prior written consent.
LINKS TO OTHER SITES
With Attitude, Inc. websites may contain links to other websites. With Attitude,
Inc. is not responsible for the privacy practices or the content of such websites.
We recommend you carefully read the privacy policies of each site you visit.
SUBMISSIONS
Any e-mails, notes, message forum posting, ideas, suggestions, concepts or
other material submitted will become the property of With Attitude, Inc. throughout
the Universe. With Attitude, Inc. shall be entitled, consistent with our policies
regarding privacy, to use the material or any of its elements for any type of
use forever including but not limited to the right to publish or otherwise use
the material or any of its elements for any type of use.
DISCLAIMER
All users agree to utilize the services of With Attitude, Inc. at their own
risk. Although we always try to provide a high standard of quality, we cannot
make any guarantees concerning the permanent availability, faultless functioning,
or timeliness of our services.
With Attitude, Inc. THEIR PROGRAMMERS, ADMINISTRATORS, PARTNERS AND SPONSORS
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THEIR SERVICES.
IN PARTICULAR, THEY MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL THEY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOSS OF INFORMATION, EVEN
IF ONE OF THEIR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY.
A Personal Note
We want your experience to be a fun, safe, enjoyable, a creative way to interact
with others and be entertained on the internet. If you have any questions not
addressed here or need to contact us for any reason, please feel free to send
e-mail with our Contact Us page. Thank you
from With Attitude, Inc., www.withattitude.net
E-mail Acceptance Format
With Attitude, Inc. does not open any e-mail sent to any of the e-mail addresses,
provided for contact, within but not limited to, the www.withattitude.net site,
without a subject, nor clicks-on to open and receive an e-mail message within
an e-mail, nor opens any attachments sent with an e-mail. Your message must appear
in the body of the e-mail sent. Your Comment, Question or Complaint must be received
via the Contact Us Page or risk it not being open or read. With Attitude, Inc., www.withattitude.net ,
does this to protect from the many sophisticated virus attempts, spam and
any other attempt to foil our sincere attempt to communicate with our cyberspace
visitors.
To avoid any misunderstanding, we do not participate in lengthy communications through e-mail. We do not accept unwarranted threats, unfounded complaints, or e-mail spam. With Attitude, Inc. reserves the right not to respond to any e-mail received from its website. Per each customer, we may respond to NO MORE THAN TWO e-mails. Customers who repeatedly send more than two e-mails to us will receive an End of Communication (EOC). The EOC means that all subsequent lines of e-mail communication will be terminated by With Attitude, Inc.
For your protection we ask that you NEVER OPEN AN E-MAIL WITH AN ATTACHMENT
OR CLICK ON LINK INSTRUCTIONS THAT SAYS IT IS FROM WITH ATTITUDE. WE NEVER SEND
ATTACHMENTS OR ASK THAT YOU CLICK ONTO A LINK FOR PERSONAL INFORMATION GATHERING
... NEVER!!! Now go and enjoy the site!
With Attitude, Inc.
Anita Laguna, Creator & CEO
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