terms of use

Enesco, LLC. ("Enesco") provides its Club Member message boards ("Message Boards") to you, the visitor, based on these Terms of Service ("Terms"). When using the Message Boards, you agree that you are subject to and that you will comply with these Terms. Use of the Message Boards denotes your acceptance of these terms. The TOS may be changed at any time and without direct notice to individual visitors, so it is recommended that you check back with this page at any time you have questions or concerns. You understand and agree that The Terms of Use for the Enesco Web Site found at http://www.enesco.com/copyright.aspx are incorporated into these Terms by this reference and also govern your use of the Message Boards.

Please read these Terms carefully and then click the "I agree to the above terms" button at the bottom of the page to proceed.

CONTENT WITHIN MESSAGE BOARDS

Whenever you publicly disclose information about yourself, that information could be collected and used by other users. The Message Boards will display your name and message. You must carefully consider whether you want to disclose any information that can be used to identify or locate you.

The Message Boards offer you the option of disclosing your e-mail address when you post or reply to a message. If you choose to provide your e-mail address, you understand that other users of the Message Boards will be able to view your e-mail address and send you communications outside of the Message Boards. You understand and agree that Enesco has no control over how other users use your e-mail address or any other information you choose to disclose on the Message Boards. Enesco bears no responsibility for any action of any third parties who collect any information that you disclose on the Message Boards.

You understand and agree that Enesco does not endorse nor is it responsible for any opinion, advice, information, statement or other content of any postings within the Message Boards. You agree that Enesco is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages, or for any results obtained from the use of that information. Under no circumstances will Enesco be liable for any loss or damage caused by your reliance on any information obtained by or through the Message Boards .

You understand and agree that Enesco does not and cannot review every message posted by users in the Message Boards, and is not responsible for the content of these messages. However, Enesco reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Message Boards for any reason. Re-posting deleted violations (yours or those of others) is considered a violation of these Terms. All determinations of what is "acceptable" and "unacceptable" content will be determined solely by Enesco and its designees. You agree that the decision of the moderators and administrators is final.

MEMBER CONDUCT
You agree that you will not use the Message Boards to perform any of the following actions:

• Offensive Posting
  Posts of a patently offensive nature are not allowed. This includes, but is not limited to:
• Using vulgar, profane, or sexually explicit language
• Using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult
• Using sexual preference terms as a term of insult
• Using threatening, harassing, defamatory, hate-speech, or libelous language
• Posting or requesting links to or material from pornographic, obscene, or hate-speech web sites
• Descriptions or details about any sexual act or sexual organs
• Censor Bypassing
  The Message Boards are programmed with a list of words that are considered vulgar under any context, and these words are not allowed to be posted. Attempting to bypass the censor program by misspelling, inserting spaces or symbols, transposing letters, using look-alike symbols, or any other method is not allowed.. Additionally, certain words are prohibited from being used in topic titles and user information pages; bypassing the censor to post those words where they are restricted is also disallowed.
  

Flaming (Insulting Other Users)
Posts insulting other board members, individually or as a group, directly or indirectly, are not allowed.

• Trolling (Inciting Flames)
  Posts intended solely to annoy and/or offend other posters by going against the clear nature of a board or topic are not allowed. This includes, but is not limited to:
• Provoking other users to respond with flames
• Making misleading topic titles
• Asking obviously useless questions
• Posting false information as fact
• Illegal Activities
  Posts that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing, in any way, shape, or form:
• Illegal copies of copyrighted works, including, without limitation, counterfeit products, music, movies, videos, software or any other type of media (for example, MP3s, ROMs, Warez)
• Methods of circumventing copyright protection (Cracks, No-CD Patches, CD Keys, mod chips)
• Reprints of material from other web sites (pay or free)
• Any content that infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party.
• Spamming & Advertising
  Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:
• Commercial or personal advertisements
• Junk mail or spam
• For-Sale/For-Trade/For-Auction/Wanted notices
• "Make Money Fast" scams, chain letters, and pyramid schemes

Users are allowed to include a web site address in a signature, request comments on their personal site in a social setting, or provide only once an interesting or relevant link to another site, but only if the content otherwise complies with these Terms.

• Off-Topic Posting
  Posting topics unrelated to Precious Moments related topics. The main purpose of the Message Boards is to provide discussion forums for Precious Moments related topics. You must respect the club by staying close to the related topics in the boards.

• Disruptive Posting
  Make any posts that disrupt the message boards for other users, intentional or not. This includes, but is not limited, to:
• Message posts or topic titles that force browsers to scroll horizontally
• Large blank or content-free posts
• "Bumping" multiple older topics (posting in them well after the last post)
• Posting multiple identical or near-identical messages or topics, including "fad" topics
• Intentionally hard-to-read topic titles (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation, 1337 speak, et cetera)
• Posting multiple hard-to-read or nonsensical messages in a single or multiple topics
• Posting large ASCII art (except in social topics specifically calling for it)
• Post counting (i.e. "First", "100th Post")
• Flooding, Invading, and Board Wars
  
• Flooding a board with multiple disruptive topics or posts
• Invading another board (flooding a board as a group with multiple topics or posts)
• Instigating, participating in, or retaliating in an invasion of the Message Board or any other online service
• Announcing or inciting a "war" or any conflict with the regular members of another board
• Impersonation
  Impersonating anyone or entity, including, without limitation, other boards users by creating and/or using a message board account with a name intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another message board member.
• Harassment/Stalking/Privacy
  Harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the Message Boards, with or without use of explicit or implicit threats. Posting confidential or private information about any individual or entity without the permission of the individual or entity is also prohibited.
• Unauthorized Access
  Accessing or attempting to access any user account not belonging to the user in question without permission is prohibited. Accessing another user's account in this manner is grounds for immediate loss of all known accounts.
• Bugs and Exploits
  Using exploits or tricks in the Message Boards" or Enesco web site"s code to gain privileges, access, or abilities not clearly intended by the board design is prohibited. You are prohibited from transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or posting material that interferes with any third party"s uninterrupted use and enjoyment of the Message Boards.
• Robots and Automated Programs
  Running a robot or other any other automated browsing or posting programs on any message board server at any time. Robots use huge amounts of server resources for the benefit of a single person. Users caught running robots may have all of their known accounts revoked, and the abuse of resources reported to their ISP.

Enesco reserves the right to immediately ban any user and any associated accounts for violating any of the above prohibitions.

PASSWORDS AND ACCESS TO THE MESSAGE BOARDS

You agree to accept responsibility for all activities that occur under your account or password and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the Message Boards using your name in whole or in part. Enesco reserves the right to terminate membership and deny access to the Message Boards to any person in its sole discretion.

NO WARRANTIES/LIMITATION ON LIABILITY

THE MESSAGE BOARDS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME STATES DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY STATE.

Enesco makes no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, availability, security or adequacy of the Message Boards or any information, facts, views, opinions, statements or recommendations contained within the Message Boards.

TERMS VIOLATIONS
Violations of these Terms are cause for the banning of your account and turning over any violations to law enforcement agencies, if warranted.

Enesco reserves the right, in its discretion, to modify or discontinue the Message Boards or any portion thereof without notice to you or any third party.