Sloppy Kiss Cards
Terms of Service Agreement
Business Users
1. General Rules and Definitions
1.1 This site is owned by SK Cards Inc. (herein referred to as "Sloppy Kiss Cards"). By using www.sloppykisscards.com (the "Site") or purchasing a membership to the Sloppy Kiss Cards Business Web service (the "Service"), you agree to abide by all of the terms and conditions of this Terms of Service Agreement (the "Agreement"). Additionally, you agree to the Privacy Policy and the Anti-Spam Policy a copy of each is posted on the Site.
1.2 Sloppy Kiss Cards hereby grants you a limited license to copy and use the materials, features, and services provided on the Service (collectively the "Materials") for the limited commercial use to promote your business subject to the terms of this Agreement. You may not sell any of the Materials. 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 Materials or posting of Materials on other web sites is strictly prohibited.
1.3 The products, technology, and/or processes described and/or used on the Site is the subject of intellectual property rights reserved by Sloppy Kiss Cards or other third parties.
1.4 Sloppy Kiss Cards may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail or postal mail. Your continued use of the Site constitutes your acceptance of any such change to the terms of this Agreement.
1.5 Sloppy Kiss Cards may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature or content. Sloppy Kiss Cards may also impose limits on certain features and services or restrict your access to parts or to the entire Site without notice or liability.
2. Use of Site and Content
2.1 The contents of the Site are intended for your limited commercial use to promote your business. All materials published on the Site (including, but not limited to photographs, graphics, images, illustrations, sound clips and flash animation, also known as the "Content") are protected by copyright, and owned or controlled by Sloppy Kiss Cards or its affiliates, or the party credited as the provider of the Content. You shall abide by any and all additional copyright restrictions contained in any and all Content accessed through the Site.
2.2 All of the Materials and Content available on the Site are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except for as otherwise expressly provided for in this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Materials or Content or the Site in whole or in part. Except for the limited license granted above, nothing contained herein shall be construed or interpreted as conferring to you in any manner, whether by implication or otherwise, any license, title, or ownership of or to any intellectual property right of Sloppy Kiss Cards or any third party.
2.3 You agree to import, access or otherwise use only Permission Based Lists (also known as “opt-in” lists) in connection with your use of the Service. You hereby covenant that you shall not use any other lists in connection with your use of the Service. You agree that you shall not utilize the Service to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or spam or unsolicited email addresses. Ecards and ecard email notifications that you send through the Service may generate spam complaints from recipients. As a matter of privacy, Sloppy Kiss Cards cannot share with you the email addresses of those who complain about your ecards and/or ecard email notifications. You are responsible for ensuring that your ecards and ecard email notifications do not generate a number of spam complaints in excess of industry norms. Sloppy Kiss Cards, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Sloppy Kiss Cards will terminate your use of its Service if Sloppy Kiss Cards determines that your level of spam complaints is higher than industry norms (as determined by Sloppy Kiss Cards).
2.4 Sloppy Kiss Cards has adopted the following Acceptable Use Policy in order to assure that its ecards are used in a lawful and appropriate manner. While Sloppy Kiss Cards does not ordinarily monitor the content of users' ecards, 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
- attempting to conceal or misrepresent the identity of the sender.
3. Access and Availability of Site and Links
3.1 There may be circumstances where access to the Site is provided by a link located at another Web site. Neither Sloppy Kiss Cards nor its affiliates or assignees makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Sloppy Kiss Cards nor its affiliates or assignees shall be liable for any damages or injury arising from the content of these other or any sites. Neither Sloppy Kiss Cards nor its affiliates or assignees 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 the Site.
4. Representations and Warranties and Grant of License to Submitted Material
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) utilize, violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless Sloppy Kiss Cards and its affiliates or assignees, and all officers, directors, owners, agents and employees, Content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any and all claim(s) arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants of this Agreement. You shall cooperate fully as reasonably required in defense of any such claim. Sloppy Kiss Cards reserves the right, to assume the exclusive defense and control of any matters subject to indemnification by you.
4.2 Neither Sloppy Kiss Cards nor its affiliates represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any users, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.
4.3 By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted Sloppy Kiss Cards the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, and store or reproduce the material for that user's personal use. You hereby grant Sloppy Kiss Cards the right to edit, copy, publish and distribute any material made available on the Site by you.
4.4 The foregoing provisions of Section 4.3 are for the benefit of Sloppy Kiss Cards, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Registration and Security
5.1 In order to establish an account to use the Site, you will have a password to be used in conjunction with your e-mail address. You will be required to give us certain registration information, all of which must be accurate and updated. You may not (a) use an account of another person with the intent to impersonate that person; or (b) use an account to which another person has rights to utilize without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account and any other remedies warranted by law. You shall be responsible for maintaining the confidentiality of your password.
5.2 You shall notify Sloppy Kiss Cards of any and all known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5.3 You must be 18 years or older to subscribe to the Service; however, persons under the age of eighteen may use the Service subject to the terms of this Agreement. You may share your password with others, subject to the provisions of Section 5.4 below.
5.4 You are responsible for any and all usage or activity on your account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the sole and absolute discretion of Sloppy Kiss Cards, and, if necessary, Sloppy Kiss Cards may refer you to appropriate law enforcement agencies.
6. Fees and Payments
6.1 You shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Site by Sloppy Kiss Cards or by any vendor or service provider. At its sole discretion, Sloppy Kiss Cards reserves the right, at any time, to offer the Service at a discount or to provide premiums and promotions as a membership incentive. All fees and charges shall be charged to the credit card provided as part of the registration process and you agree to pay all such charges as well as any applicable taxes and fees relating to use of the Service through your account.
6.2 As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
6.3 The Service is billed in advance on a monthly basis and is non-refundable (except for the 30-Day Money Back Guarantee – see 6.7). There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
6.4 For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
6.5 Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Sloppy Kiss Cards does not accept any liability for such loss.
6.6 To cancel the Service sign in to your account and then visit www.sloppykisscards.com/skc/accounts/manage/cancel/ and follow the directions for canceling your account. Cancellation will be effective immediately.
6.7 30-DAY MONEY BACK GUARANTEE: If you are dissatisfied with Sloppy Kiss Cards for any reason, you will receive a full refund provided you cancel your account within 30 days of the activation of your account and you have not violated our Terms of Service. No refunds are available after 30 days. The money back guarantee does not apply when you reactivate an existing account. In order to request a refund just contact us within 30 days of activating your account. When you submit your request please let us know why you are not satisfied so we can continue to improve the service. We will issue your refund asap.
6.8 Should the Service include a free trial period, and you sign up for the free trial period, it will end upon the expiration of the period, however if you keep your account open past that time you will be charged a monthly membership fee (see current monthly membership fees) for the Service. The purchase will be charged to the credit card provided by you upon registration. If you do not want to continue using Sloppy Kiss Cards after the free trial period it is your sole responsibility to cancel before you are billed on the 1st day of the non-free period. To cancel the Service sign in to your account and then visit www.sloppykisscards.com/skc/accounts/manage/cancel/ and follow the directions for canceling your account. Cancellation will be effective immediately.
7. Communications From Sloppy Kiss Cards
7.1 Sloppy Kiss Cards reserves the right to send electronic mail to you for the purpose of informing you of changes, additions or other notifications about the Site.
8. Software Licenses
8.1 All information and software provided through the Site is and shall remain the sole and exclusive property of Sloppy Kiss Cards, its assignees or its affiliates. You shall not publish, broadcast, retransmit, or otherwise in any way reproduce the information or software in any medium, except that you may transmit personalized messages by electronic mail subject to this Agreement, our privacy policy and anti-spam policy.
9. Termination
9.1 Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. Breach of any of the terms of this Agreement, our privacy policy or anti-spam policy, constitutes a termination of the Agreement. Any and all amounts due under this Agreement shall survive the Term of this Agreement. No refunds will be issued for early Termination. Once terminated, we may remove any of your ecard campaigns, contacts and related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it.
10. Limitation of Liability
10.1 THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT ANY 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 ANY AND ALL INFRINGEMENT(S). SLOPPY KISS CARDS IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC CARDS 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.
10.2 NEITHER SLOPPY KISS CARDS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES 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 SLOPPY KISS CARDS 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, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES). IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT SLOPPY KISS CARDS AND ITS ASSIGNEES AND AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF THIS AGREEMENT.
10.3 NEITHER SLOPPY KISS CARDS 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 HEREBY AGREE TO HOLD HARMLESS SLOPPY KISS CARDS, ITS ASSIGNEES AND ITS AFFILIATES AND PARTIES WITH WHOM SLOPPY KISS CARDS HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY OR TO YOU ON THIS SITE.
11. Interpretation of Law
11.1 This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.
12. Severability and Entire Agreement
12.1 If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.
CONTACTING THE WEB SITE:
If you have any questions about this statement, the practices of our company, or your dealings with our company, contact us via our contact form, by email at info@sloppykisscards.com, or by mail at 3534 West 12th Avenue, Vancouver, BC V6R 2N4.
ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS:
We also have a separate and inclusive agreement for Sloppy Kiss Cards privacy concerns. "Privacy Policy" here: http://www.sloppykisscards.com/privacypolicy.php