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 Consumer 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 a copy of which is 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") 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.

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 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 for personal and noncommercial purposes.

9. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

10. Termination

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.

11. Non-waiver

Failure by either Sloppy Kiss Cards or users to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

12. Third Party Links, Content And Services

This Website may provide links to other websites and/or third party products and Services that are not under the control of Sloppy Kiss Cards (together, "Third Party Materials"). Sloppy Kiss Cards shall not be responsible in any way for the content of such Third Party Materials. Sloppy Kiss Cards provides such links only for the convenience of the users of this Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Sloppy Kiss Cards of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

13. Limitation of Liability

13.1 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.

13.2 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.

13.3 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.

14. Disclaimer of Warranties

THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

Users agree to defend, indemnify and hold harmless Sloppy Kiss Cards and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which they are responsible or in connection with their transmission of any content to, on or through our Website Without limiting users indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by them.

16. Force Majeure

Sloppy Kiss Cards shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

17. Entire Agreement/ Severability

These Terms of Service incorporate our Privacy Policy which together constitutes the entire agreement between user and Sloppy Kiss Cards, in relation to their use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Users agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between users and Sloppy Kiss Cards relating to this subject matter, and cannot be changed or terminated orally.

18. Assignment

Users may not assign these Terms or any of the rights granted hereunder without the prior written consent of Sloppy Kiss Cards, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

19. Governing Law And Arbitration

a. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Vancouver, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of British Columbia. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than British Columbia. This Agreement shall be governed by the internal substantive laws of the province of British Columbia, without respect to its conflict of law’s principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, British Columbia or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.

b. Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve a dispute, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

20. Electronic Communications

User consent to receive communications from us, merchants or malls electronically. We will communicate with users by e-mail or notification via Sloppy Kiss Cards’ platform User agree that all agreements, notices, disclosures and other communications that Sloppy Kiss Cards, merchants or malls provide to users electronically satisfy legal requirements that such communications be in writing. Users agree to empower Sloppy Kiss Cards to contact its members, if requested by one of the users/members, if they are violating some of the regulations or if they are suspicious of identity fraud.

21. 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.

22. 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

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