Sloppy Kiss Cards
Terms of Service Agreement
1. General Rules and Definitions
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") solely for your personal, non-commercial use, subject to this Agreement. If using the Service for business use then you are subject to the Terms of Service for Business Users and must use the Sloppy Kiss Cards Business Service. 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 all of the Site without
notice or liability.
2. Use of Site and Content
2.1 The contents of the Site are intended for your personal, noncommercial use. 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 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.
Violations of Sloppy Kiss Cards’ Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional ecards on the service. If the sender is a member of Sloppy Kiss Cards’ subscription service, Sloppy Kiss Cards may disable the sender's account without compensation or refund. SLOPPY KISS CARDS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING ECARDS 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 SLOPPY KISS CARDS 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.
2.4 You may not use this Site to send ecards 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. Sloppy Kiss Cards reserves the right to limit, in its sole discretion and without prior notice to you, the number of ecards that you may send using the Site and/or the number of recipients to which you send such ecards.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.
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; and (b) that you are at least eighteen years old. 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 For your convenience and to insure that your access to the Service remains uninterrupted, unless we hear from you, we will automatically renew your membership (excluding gift memberships which are not automatically renewed - see 6.4) at the expiration of your current term and bill your credit card used during the registration process for the cost of an additional membership term, at the then current membership rate. You will be notified in advance of your impending renewal along with instructions for how to cancel your membership if you do not wish to renew. Notification will be sent approximately 30 days prior to your renewal date by email to the email address associated with your membership. Sloppy Kiss Cards reserves the right to increase the price of your membership(s) on the Service upon renewal and will provide notice to you before doing so. If you wish to cancel your renewal(s) for any reason, you may do so by contacting us within thirty (30) days of the date of billing and the renewal charge(s) will be refunded in full.
6.3 If you sign up for a 30-day free trial of the Service it will end 30 days after you sign up. If you keep your account open past that time you will be charged a yearly membership fee (see current yearly membership fee) 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 30-day trial it is your sole responsibility to cancel before you are billed on the 31st day after you signed up for the free 30-day trial. To cancel just sign in to your account and then visit www.sloppykisscards.com/cancel.php and follow the directions for canceling your account. Cancellation will be effective immediately.
6.4. A gift membership is a one year membership. If you purchase a gift membership you will be charged immediately but the membership will not be activated until the recipient provides their redemption code to claim their gift certificate. The gift membership will expire one year after activation.
7. Communications Between Sloppy Kiss Cards and Users
7.1 Sloppy Kiss Cards reserves the right to send electronic mail
to you for the purpose of informing you of changes or additions to the
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 for
personal and noncommercial purposes.
9.1 Breach of any of the terms of this Agreement 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.
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 email@example.com, or by mail at 3534 West 12th Avenue, Vancouver, BC V6R 2N4.
ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS: