This web site is provided by Greeting-cards.com ("we," "us"
) subject to the following Terms of Service (the "Agreement"
), which may be updated by us from time to time in our sole discretion. We reserve the right to make changes to this Agreement from time to time, which we may provide to you by any reasonable means including, without limitation, posting the revised draft of the Agreement on the Site. You may determine when this Agreement was last revised by checking the "LAST REVISED" legend at the top of this Agreement.
This Agreement applies to the Internet world wide web site located at http://www.greeting-cards.com/ (the "Site"
). In addition, when using particular service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such service(s). All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement.
By accessing, browsing and/or using this Site, you acknowledge that you have read, understand and agree to the Agreement. If you do not agree to these Terms, please do not use this Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site or any services offered through the Site, in whole or in part and with or without notice; (b) charge fees for the use of the Site; (c) modify and/or waive any fees charged in connection with the Site; and/or (d) offer opportunities to some or all users of the Site. You agree that Greeting-cards.com and its parents, subsidiaries, and affiliated companies (the foregoing, collectively, the "Affiliated Companies"
) shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or of any Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.
If you have any questions regarding the meaning or application of this Agreement, please contact us at http://www.greeting-cards.com/contact_us.jsp.
1. Description of the Services.
Greeting-cards.com provides users of the Site with the ability to send and manage animated, musical browser-based e-cards, along with related content and services such as a web-based address book and a convenient reminder service (the foregoing, collectively, the "Services"). All new content, services, and materials made available through the Site that were not made available as of the "LAST REVISED" date above, shall automatically be deemed part of the Services and shall thereby become subject to this Agreement.
2. Information Submitted Through or In Connection With the Site.
3. Rules of Conduct.
While using the Site and Services, you agree to comply with all applicable laws, rules, and regulations. GREETING-CARDS.COM RESERVES THE RIGHT TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT OFFICIALS, ECARD RECIPIENTS AND THEIR COUNSEL, 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 GREETING-CARDS.COM. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU CONSENT TO SUCH DISCLOSURES.
In addition, Greeting-cards.com expects users of the Site to respect the rights and dignity of others, and your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
4. Greeting-cards.com's Proprietary Rights.
- Transmit or otherwise make available through or in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner(s) of such right.
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages.
- Attempt to steal passwords or credit card information.
- Use the Site to advertise or offer to sell or buy any goods or services for any business purpose.
- Use the Site for any fraudulent or unlawful purpose.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity; or harvest or collect personally identifiable information about Site users.
- Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or Services.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Services.
- Frame or mirror all or any part of the Site without our prior express written authorization.
You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Services and any artwork, sounds, and other materials provided in connection with the e-cards made available through the Site, are and shall remain the property of Greeting-cards.com and its licensors and suppliers and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Greeting-cards.com, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any materials, including without limitation any Services, made available on or through the Site.
Trade names, trademarks, and service marks of Greeting-cards.com include, without limitation, "Greeting-cards.com," the GREETING-CARDS.COM domain name, and any associated logos. All trademarks and service marks on the Site not owned by Greeting-cards.com are the property of their respective owners. The trade names, trademarks, and service marks owned by Greeting-cards.com, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of any Greeting-cards.com trade names, trademarks, or service marks without our prior express written permission.
5. Limitation of Liability and Disclaimer of Warranties.
Greeting-cards.com is a distributor only, and not a publisher, of the Services. THE SITE AND SERVICES, AND ANY OTHER SERVICES YOU MAY ACCESS THROUGH THE SITE, ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GREETING-CARDS.COM AND ITS AFFILIATED COMPANIES DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, AND ANY OTHER SERVICES YOU MAY ACCESS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GREETING-CARDS.COM AND ITS AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF GREETING-CARDS.COM AND/OR ITS AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
While we try to maintain the Site's integrity and security, we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at http://www.greeting-cards.com/contact_us.jsp with a description of the material(s) at issue, and the URL or location on the Site where such material(s) appear.
6. Links and Linking Policy.
The Site may provide links to other Internet web sites and resources. Because Greeting-cards.com has no control over such sites and resources, you acknowledge and agree that neither Greeting-cards.com nor its Affiliated Companies are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Greeting-cards.com and its Affiliated Companies do not endorse such sites, and are and shall not be responsible or liable for, or for any loss or damage caused by or in connection with, any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials.
If you would like to link to the Site, please follow the linking instructions located at http://www.greeting-cards.com/link.jsp. We retain the right, but not the obligation, at any time and in our sole discretion, to block links to the Site (authorized or otherwise) through technological or other means, without prior notice.
You agree to defend, indemnify, and hold harmless Greeting-cards.com and its Affiliated Companies, and their respective sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
8. SUBSCRIPTIONS AND TRIAL PERIODS
Non Trial Subscriptions
If you subscribe to become a member we will charge the annual Subscription fee to your payment method at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed.
Your Subscription will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your annual Subscription period; or (2) you request a cancellation within thirty (30) days after your renewal payment has been processed.
In order to allow our customers an opportunity to "sample" our Products and Services, occasionally we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits. If you sign up for a trial period and cancel during such trial period the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge your credit card the Subscription fee. No refunds will be issued after the trial period.
You agree that we, in our sole discretion, may terminate without refund your use of the Site or Services, or any part thereof, at any time and for any reason (with or without prior notice), including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination of this Agreement, your right to use the Site will immediately cease. Neither Greeting-cards.com nor its Affiliated Companies shall be liable to you or any third party for any termination of your access to the Site or any part thereof.
10. Jurisdictional Issues.
The Site is controlled and operated by Greeting-cards.com from its principal office in New York, New York, U.S.A., and is not intended to subject Greeting-cards.com to the laws or jurisdiction of any state, country, or territory other than that of New York, New York and of the United States of America. Greeting-cards.com does not represent or warrant that the Site or Services, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Services to (or to a national or resident of), or to use all or any part of the Services from (as applicable): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Greeting-cards.com relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Greeting-cards.com. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/.
13. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please contact us at http://www.greeting-cards.com/contact_us.jsp. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814.