MUSHYGUSHY.COM
TERMS OF USE

Last Updated: February 2007

The following is a legal agreement between LearnDoEarn.MushyGushy.Com, LLC ("LearnDoEarn.MushyGushy.Com," "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. This agreement may be updated from time to time without notice to you. Your continued use of the LearnDoEarn.MushyGushy.Com site after any such changes constitutes your acceptance of the new terms. If you do not agree to these Terms, please do not use this Site.

Your Use of the Site

LearnDoEarn.MushyGushy.Com hereby grants you a limited license to use the materials, features, and services provided by LearnDoEarn.MushyGushy.Com on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials 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 LearnDoEarn.MushyGushy.Com 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, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of LearnDoEarn.MushyGushy.Com or any third party.

Copyright Information

All of the Material available on the Site is copyright © 2006, LearnDoEarn.MushyGushy.Com, LLC or used under license.

Trademarks

The LearnDoEarn.MushyGushy.Com logo and GushyGram logo are service marks of LearnDoEarn.MushyGushy.Com, LLC. All unauthorized use is prohibited. Use of the LearnDoEarn.MushyGushy.Com trademarks as meta-tags for search engines is strictly prohibited.

Acceptable Use Policy

LearnDoEarn.MushyGushy.Com has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While LearnDoEarn.MushyGushy.Com 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 libelous 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 the LearnDoEarn.MushyGushy.Com 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 is a member of LearnDoEarn.MushyGushy.Com subscription service, LearnDoEarn.MushyGushy.Com may disable the sender's account without compensation or refund. LearnDoEarn.MushyGushy.Com reserves the right (but not the obligation) to reject or remove any text, data, photos, graphics, or any of these elements in combination as a design for products (such as GushyGrams) available on the Site. LearnDoEarn.MushyGushy.Com 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 LearnDoEarn.MushyGushy.Com TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE 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 GushyGrams 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 Materials is strictly prohibited. LearnDoEarn.MushyGushy.Com reserves the right to limit, in its sole discretion and without prior notice to you, the number of GushyGrams or messages that you may send using the Site and/or the number of recipients to which you send such GushyGrams or messages.

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 these Terms.

Links and Advertisements

LearnDoEarn.MushyGushy.Com 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, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH LearnDoEarn.MushyGushy.Com, LLC. LearnDoEarn.MushyGushy.Com 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. LearnDoEarn.MushyGushy.Com WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY LearnDoEarn.MushyGushy.Com ADVERTISER. 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. Neither LearnDoEarn.MushyGushy.Com nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither LearnDoEarn.MushyGushy.Com nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither LearnDoEarn.MushyGushy.Com nor its affiliates endorses 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.

Creating Your Own Greetings and Photos and/or Images

LearnDoEarn.MushyGushy.Com allows you to create your own greetings by uploading your own photos, artwork and other materials. If you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.

When you upload material to the Site and use it to create a greeting, your material will be used for the transmission of your digital greeting; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

Pricing

Prices for GushyGrams, Memberships and various service/product packages on LearnDoEarn.MushyGushy.Com are described on our website. All prices are in US dollars. Prices and products/product combinations and packages may change at our discretion.

Contests

From time to time, LearnDoEarn.MushyGushy.Com may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. LearnDoEarn.MushyGushy.Com does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of LearnDoEarn.MushyGushy.Com and you hereby consent to receive special promotions and offers from LearnDoEarn.MushyGushy.Com and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give LearnDoEarn.MushyGushy.Com permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote LearnDoEarn.MushyGushy.Com, its products and services, and no additional consideration shall be paid for such rights.

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. LearnDoEarn.MushyGushy.Com IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER LearnDoEarn.MushyGushy.Com 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 LearnDoEarn.MushyGushy.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 LearnDoEarn.MushyGushy.Com AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER LearnDoEarn.MushyGushy.Com NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE 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 LearnDoEarn.MushyGushy.Com AND ITS AFFILIATES AND PARTIES WITH WHOM LearnDoEarn.MushyGushy.Com 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

Those who choose to access this Site from international locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

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

Enforcement by LearnDoEarn.MushyGushy.Com

In the event LearnDoEarn.MushyGushy.Com determines, in its sole discretion, that you have violated these Terms, LearnDoEarn.MushyGushy.Com shall have the right to immediately terminate your account (with or without refund), 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 State of New Jersey. Any dispute arising between you and LearnDoEarn.MushyGushy.Com will be submitted to binding arbitration in New Jersey in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

Age Restriction

You must be at least 13 years of age to use LearnDoEarn.MushyGushy.Com. Please contact us if you have any concerns or questions about this restriction.

Updates to Terms

LearnDoEarn.MushyGushy.Com 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.

Privacy Policy

The terms of our privacy policy can be found on our website.

Digital Millennium Copyright Act Notices

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to LearnDoEarn.MushyGushy.Com's Designated Agent.

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive
Notification of Claimed Infringement:     Gina

Email Address of Designated Agent:       learndoearn@mushygushy.com

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:

• An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the LearnDoEarn.MushyGushy.Com Site sufficient to allow us to locate the material;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail 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; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.