1. Ecard Tycoon site ("Site") is provided by FlashTycoon and is intended for entertainment purposes only. By using the Site, you agree to abide by the terms and conditions ("Terms and Conditions") set forth in this Agreement and the applicable Privacy Policy. If you do not agree to abide by these Terms and Conditions, do not use the Site or send emails using the Site's functionality.

2. FlashTycoon is not intended for users under the age of 18. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms and Conditions.

3. FlashTycoon may change the Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting, and you agree to the new posted Terms and Conditions by continuing your use of the Site, and to abide by all additional restrictions displayed on the Site as it may be updated from time to time. If you do not agree with the modified Terms and Conditions or other posted restrictions your only remedy is to discontinue using the Site. At FlashTycoon's sole discretion, you may be banned by IP address from using the Site for not adhering to these Terms and Conditions.

4. You acknowledge that FlashTycoon owns the Site and all tools and materials on it and all rights therein. The Site is protected by worldwide copyright laws and treaty provisions. Subject to these Terms and Conditions, FlashTycoon grants you a non-exclusive, non-transferable, limited right to access, use and display this Site. Except as expressly provided herein, FlashTycoon does not grant any express or implied right to you in any patents, trademarks, trade secrets or copyright. You may not sub-license, or charge others to use or access the Site without first obtaining written permission from FlashTycoon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

5. You acknowledge that the Drawings created on the Site will be the property of FlashTycoon, and you agree that all copyrights and other intellectual property rights in the Drawings are assigned to FlashTycoon. FlashTycoon will have all rights of such ownership, including the perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote these Drawings in any medium. You waive all rights of publicity and privacy with respect to such Drawings. You waive any right to inspect or approve uses of the Drawings or to be compensated for any such uses. Subject to these Terms and Conditions, FlashTycoon authorizes you to view and forward emails ("Drawings") using the tools on the Site only for your personal, non-commercial use.12.

6. You may not sell, assign, grant a security interest in or otherwise transfer any right in the use of the Site or any tools on the Site or incorporate it (or any portion of it) into another product. You may not copy the Site or any tools thereon. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Site or any tools on the Site. You may not modify the Site or any tools on the Site or use them in any way not expressly authorized by these Terms and Conditions. You may not obtain the communications protocol for accessing the Site. You may not authorize or assist any third party to do any of the things described in this paragraph. You understand that FlashTycoon's introduction of technologies on the Site may not be consistent across all platforms and that the performance and features offered by FlashTycoon may vary depending on your computer and other equipment.

7. Some portions of the Site ask you to provide information to FlashTycoon, such as name and e-mail address. If you provide such information, you agree not to enter false information, such as entering another person's identity for your own.

8. You will need to assign yourself a user name or an e-mail name to use some portions of the Site. You may not (1) select or use the name of another person, (2) use a name in violation of the intellectual property rights of any person or (3) use a name that FlashTycoon considers in its sole discretion as being inappropriate (FlashTycoon reserves the right to delete such names).

9. You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and all charges related thereto. Any telephone or other communications charges incurred by you to access the Site are your responsibility. 10. You may use the Site for lawful purposes only. You may not transmit through chat or e-mail or other means any Drawing or other material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted on the Site or (6) otherwise violates any law or regulation. You also may not undertake any conduct that restricts or inhibits any other user from using or enjoying the Site.

11. You may not use the Site to send unsolicited bulk communications and/or marketing communications through e-mail or instant messages. You agree that FlashTycoon may take any legal and technical measures to prevent unsolicited bulk communications from entering, utilizing or remaining within FlashTycoon's networks.

12. FlashTycoon is not required to pre-screen Drawings sent through the Site, including the content of any Drawing, chat or e-mail that occurs on or through the Site, although FlashTycoon reserves the right to do so in its sole discretion. FlashTycoon is not liable for Drawings that is are created by others. FlashTycoon reserves the right to remove drawings from circulation that, in its sole judgment, does not meet its standards or does not comply with these Terms and Conditions. FlashTycoon is not responsible for any failure or delay in removing such material.

13. FlashTycoon has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Site including, but not limited to, chat, email capabilities, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on FlashTycoon servers on your behalf either cumulatively or for any particular service, or the availability of the Site on any particular device or communications service. FlashTycoon has no obligation to provide you with notice of any such changes. FlashTycoon may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. FlashTycoon may terminate the authorization, rights and licenses granted herein at any time and, require you, upon notice of such termination, to destroy any or all Drawings.

14. You understand that your use of the Site is at your own risk and that FlashTycoon is under no responsibility to provide assistance. FlashTycoon is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Site.

15. Disclaimers: DRAWINGS ARE CREATED BY INDIVIDUALS OUTSIDE OF THE SUPERVISION OF FLASH TYCOON INC. FLASH TYCOON HAS NO CONTROL OVER THE CONTENTS OF DRAWINGS. FLASH TYCOON DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH DRAWINGS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. FLASH TYCOON RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FLASH TYCOON MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE DRAWINGS SENT VIA THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Third Party Sites: As a convenience to you, FlashTycoon may provide, on this Site, links to Web sites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. FlashTycoon makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that FlashTycoon or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FlashTycoon or any of its affiliates or subsidiaries.

17. External Links to the Site: Links to the Site may be made providing they adhere to the following conditions: (i) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; (ii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by FlashTycoon nor be such as to damage or dilute the goodwill associated with the name and trademarks of FlashTycoon or its Affiliates; and (iii) the link does not contain a Drawing or other material which defames another person or entity or otherwise violates any law. FlashTycoon reserves the right to revoke this consent to link at any time in its sole discretion.

18. Information Provided By You: Any personally identifiable information you may provide to FlashTycoon via this Site is subject to and protected by the Privacy Policy associated with this Site, and any additional privacy disclosures provided at the point the information is entered. FlashTycoon does not want you to, and you should not, send any confidential or proprietary information to FlashTycoon via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to FlashTycoon will not be considered confidential or proprietary. By providing any such information or materials to FlashTycoon, you grant to FlashTycoon an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that FlashTycoon is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to FlashTycoon. You further recognize that FlashTycoon does not want you to, and you warrant that you shall not, provide any information or materials to FlashTycoon that incorporates the proprietary material of another.

19. Limitations of Damages: IN NO EVENT SHALL FLASH TYCOON OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF FLASH TYCOON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. International Users and Choice of Law: This Site is controlled, operated and administered by FlashTycoon from its offices within the United States of America. FlashTycoon makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.

21. This Agreement constitutes the entire agreement between FlashTycoon and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

22. Privacy Policy: FlashTycoon is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from this Site.