The following is a binding legal contract between Nova Terra Studios, Inc., a British Columbia corporation with its office in Burnaby, British Columbia ("NTS," "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. If you do not agree to these Terms, please do not use this Site

NTS hereby grants you a limited licence to copy and use the materials, features, and services provided by NTS 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 NTS or other parties. Except for the limited licence granted above, nothing contained herein shall be construed as conferring upon you in any manner, whether by implication, estoppel or otherwise, any licence, title, or ownership of or to any intellectual property right of NTS or any third party. Copyright Information: All of the Material available on the Site is copyright © 2004-2008, Nova Terra Studios, Inc., or used under licence. Nova Terra Studios, Inc. currently utilizes copyrighted materials from the individuals and entities set forth below (partial list subject to change). The copyright information for each licensor is indicated on those appropriate portions of the Site, on the electronic greetings incorporating their content, and/or as follows: Production Garden Music. All rights reserved;

NTS has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While NTS 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
• concealing or misrepresenting or attempting to conceal or to misrepresent the identity of the sender.

Violations of the NTS's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional greetings on the service. NTS 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 NTS 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.

You may not use this Site to send online greeting cards 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. NTS reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards 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.

NTS 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 NTS. NTS 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. NTS WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY NTS 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 NTS nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither NTS nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither NTS 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.

NTS may allow 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.

From time to time, NTS may sponsor contests on its Web Sites. Participation in such contests is entirely voluntary. NTS does not make access to any goods or services it offers conditional upon 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 abide strictly by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of NTS and you hereby consent to being sent special promotions and offers from NTS and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give NTS permission to use your name, location, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote NTS, its products and services, and no additional consideration shall be paid for such rights. If you reside in a jurisdiction in which the holding of a contest, or your participation in a contest, is unlawful, you will not be permitted to enter any contest sponsored by NTS, and NTS will not be obligated to furnish you with a prize.

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. NovaTerraStudios.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 NTS 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 NTS 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, gross negligence, misrepresentation, or 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 NTS and its affiliates' aggregate liability shall not exceed any sums paid pursuant this agreement.

Neither NTS 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 indemnify and to hold harmless NTS and its affiliates and parties with whom NTS 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.

Neither NTS nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

In the event NTS determines, in its sole discretion, that you have violated these Terms, NTS 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.

This Agreement shall be governed by and shall be construed in accordance with both the procedural and the substantive laws of the Province of British Columbia, Canada, to the exclusion of the law of any other jurisdiction. By using into this Site you agree: (a) that, save only as provided in the following sentence, any cause of action that arises between you and NTS shall be deemed to have arisen in the Province of British Columbia; and (b)to accept and to attorn to the jurisdiction of the Supreme Court of British Columbia. Any dispute arising between you and NTS will be submitted to binding arbitration in Burnaby, British Columbia in accordance with the provisions of the Commercial Arbitration Act of British Columbia. You agree that no resort shall be taken to any other court or tribunal in any other jurisdiction, save only where and in those instances in which it shall become necessary to seek the enforcement of an order of the Supreme Court of British Columbia beyond its territorial jurisdiction.

NTS 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 and all such revisions. You should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

The terms of our privacy policy can be found by clicking here. NTS 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.

Although NTS has implemented security measures to protect personal information transmitted to or by customers over the internet, it disclaims any liability of any kind for third party fraud or other unauthorized use in respect of usernames or passwords or their interception.