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General Terms & Conditions and Privacy Policy

1. Scope and Definitions

1.1. http://djabbi.com (hereinafter referred to as "Djabbi eCards") is a service provided by eKartenwelt Djabbi Grußkarten GmbH, Am Wiesenhang 33a, 38685 Lautenthal, Germany (hereinafter referred to as "Service Provider").

1.2. These General Terms & Conditions and the Privacy Policy (hereinafter referred to as "T&Cs") represent the exclusive basis for all legal relationships established between Service Provider. Further it informs users of the kind, the scope and the purpose, as well as their rights concerning data collected and processed by the Service Provider on and in relation to Djabbi eCards.


2. Obligations and Responsibilities

2.1. The Service Provider is neither responsible or liable for user generated content nor for linked content on other websites.

2.2. It is forbidden to:

- distribute illicit content. This applies especially to insulting, libeling, pornographic, racist, race baiting or comparable content, as well as content which transgress personality right, copyright law, trademark rights or other third-party rights.

- send greeting cards in the name of others / with the e-mail address of others.

- use mechanisms, software or scripts as well as similar means in connection with the usage of our homepage which interfere or affect its functionality or accessibility.

- send unsolicited advertisements via our service.

2.3. Djabbi eCards must not be used for advertisement purposes. It must be assumed that recipients are not bothered, inconvenienced or harassed.

2.4. The Service Provider is not obliged to pre-examinate user generated content, but may delete it in case of reasonable suspicion that the content may be illegal or violate these T&C's.

2.5. Users agree to defend, indemnify, and hold the Service Provider, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, user's violation of these T&C's and other illegal actions.


3. Copyright

3.1. The Service Provider owns the copyright for all greeting cards, images, poems and sayings, unless otherwise stated. Some photos were provided by friends. If requested, respective names of the original owners appear on their respective eCard(s). Only very few images originate from purchased CDs and these do not require a license for distribution. Licensed by GEMA

3.2. All rights are reserved. Layout, texts and designs are protected by copyright law. Users may not upload or provide these greeting cards on other pages, gather them on image web hosting sites, on guestbook image pages or in community albums. Users may not change or adapt greeting cards in any way.

3.3. The words "Copyright djabbi.com" are to be applied to all of greeting cards. In case of infringement, the Service Provider reserves the right to legal action.


4. No Warranty

4.1. The Service Provider does its best to ensure that Djabbi eCards operates properly at all times, but we make no warranties as to the availability or accessibility of the Website, and (except as set out here) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of Djabbi eCards.

4.2. Djabbi eCards is provided on an "as is" and "as available" basis, and may be anytime restricted or terminated.


5. Limitation of Liability

5.1. The following exclusions and limitations of liability apply with regard to Service Provider's liability for damage compensation, notwithstanding the other legal claim requirements.

5.2. The Service Provider assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.

5.3. Furthermore, the Service Provider assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the Service Provider shall only be liable for the foreseeable damage that might typically occur under the Agreement. The Service Provider is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.

5.4. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.

5.5. If the Service Provider's liability is excluded or limited, this also applies for personal liability of employees, representatives, agents or assistants.


6. Data Protection - General, Service and Personal Data

6.1. The Service Provider processes the user's personal data for a specific purpose and pursuant to the statutory provisions.

6.2. The personal data stated for the purpose of the sending of e-cards shall be used by the Service Provider solely for this purpose and will be deleted after one year.

6.3. The Service Provider collects time stamps and IP-Adresses of users only for security reasons.

6.4. The user has the right to receive information on the personal data that has been saved by the Service Provider about him, free of charge. In addition, the user has the right to amend incorrect data, block and delete his personal data provided this does not contradict any legal storage obligation.


7. Data Protection - Logfiles

During every visit of websites information about IP address, referring URL, date/time, browser version and operating system is stored in the webservers log files due to technical reasons.


8. Google Analytics und Google AdWords

8.1. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on user's computer, to help the website analyze how users use the site. The information generated by the cookie about user's use of the website will be transmitted to and stored by Google on servers in the United States .

8.2. In case IP-anonymisation is activated on this website, user's IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.

8.3. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.

8.4. The IP-address, that user's Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if they do this they may not be able to use the full functionality of this website. Users can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for their current web browser: http://tools.google.com/dlpage/gaoptout?hl=en/


9. Google AdSense

9.1. This site uses Google AdSense, a service for including advertisements from Google Inc. ("Google"). Google AdSense uses "cookies", text files that are stored on your computer and allows you to analyze the use of the site. Google AdSense uses so-called web beacons (invisible images). Through this web beacons, information such as the visitor traffic will be evaluated on these pages.

9.2. The information generated by cookies and web beacons on this website (including user's IP address) and delivery of advertising formats to a Google server in the U.S. and stored there. This information can be passed on from Google to contractors of Google. User's IP- address will not be combined with other user's data stored by Google.

9.3. You may refuse the use of cookies by changing the settings on your browser, we would point out however, that you can use in this case not all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner described above and for the purpose. Please visit Google's privacy policy: http://www.google.de/intl/en/policies/privacy/


10. Google's +1 Button

10.1. This website uses the “+1″-Button provided by the social network facebook.com, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). The button is identifiable by a Google "g" logo with a "+1".

10.2. When a user visits a page of this website that contains a +1 Button, his browser establishes a direct connection to Google servers. Google directly transfers the +1 Button's content to user's browser which embeds the latter into the website, enabling Google to receive information about the user having accessed the respective page of this website. Thus the Service Provider have no influence on the data gathered by Google and inform users according to its state of knowledge: In accordance to Google the +1 Button doesn't collect any personal date on users unless they are members of the Google+ Network.

10.3. For the information on the purpose and scope of data collection and procession by Google, as well as user's rights in this respect and settings options for protecting user's privacy please visit Google's privacy policy: http://www.google.de/intl/en/policies/privacy/


11. Place of Jurisdiction, Applicable Law and Final Provisions

11.1. Place of jurisdiction shall be the registered office of the Service Provider and the German law applies exclusively, both unless expressly agreed otherwise or pursuant to consumer protection legislation.

11.2. If one of the above-mentioned provisions is partially or completely ineffective, this does not affect the effectiveness of the remaining provisions.

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