NOTICES
This is to notify you that by sending an E-card you thereby agreeing to both these
NOTICE terms and the the more exstensive terms listed in the EXTENDED TERMS OF SERVICE
below. You also agree to our Privacy Policy. Ecards4me is operated and owned by
Offerx Ltd and in using this site you agree to the both the terms and conditions
and Privacy Policy. Links to the privacy policy, terms and conditions,
contact us, unsubscribe are provided on every page of the
ecards4me website. http://www.ecards4me.co.uk
1. Ecards4me User will not use the service for chain letters, junk mail, spamming
or any use of distribution lists to any person who has not given specific permission
to be included in such a process.
2. Ecards4me User will not transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature.
3. Ecards4me User agrees not to use the service for illegal purposes.
4. Ecards4me User recognizes and accepts that Ecards4me is not intended to be an
Anonymous Email Service. Every Ecard sent includes the IP (Internet Protocol) address
from which the login session originated. With this header information, the source
of a message can be narrowed dramatically (often directly to your computer). This
is done for the protection of Ecards4me recipients.
To report a violation of the Ecards4me Rules and Regulations, Please contact us
through the contact us page.
Ecards4me may monitor or review your conduct on any of the services offered by Ecards4me
(referred to collectively as the "Service").
In using the Service you agree not to:
• Use it for illegal purposes;
• Use the Service in connection with chain letters, junk mail, surveys, contests,
pyramid schemes, or use any distribution lists including any person who has not
given specific permission to be included in such a process (commercial or otherwise);
• Collect or disseminate information about other users, including e-mail addresses,
without their consent, or otherwise invade another's privacy or violate rights of
publicity or intellectual property rights (including but not limited to copyright,
trademark and patent rights);
• Use the Service in a manner, or transmit material through it, that is unlawful,
harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually
explicit, or otherwise objectionable material of any kind or nature;
• Transmit or upload any material that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs; or
• Engage in any other conduct which, in Ecards4me's sole discretion, is considered
inappropriate, unauthorized or objectionable.
You understand and agree that you may be exposed to content posted by other users
that may be offensive, indecent or objectionable. Under no circumstances will Ecards4me
be liable in any way for any content posted by any user or third party. Ecards4me
does not control the content posted by users via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such content.
We may remove any content that you transmit to us, or terminate your account or
subscription, if we are requested to do so by a copyright holder, or if your use
of our software, the service, or that content violates this terms of use or is otherwise,
deemed to be, in our reasonable discretion, inconsistent with the legitimate purposes
and uses of the service.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY MUSIC, MOVIES, IMAGES
OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING
ANY COPYRIGHT RIGHTS, TO DO SO.
Spam
You may not use this Site to send online greeting cards 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. ECARDS4ME reserves
the right to limit, in its sole discretion and without prior notice to you, the
number of cards or messages that you may send using the Site and/or the number of
recipients to which you send such cards or messages.
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.
Links and Advertisements
There may be circumstances where access to this Site is provided by a link located
at another Web site. Neither ECARDS4ME nor its affiliates makes any representations
or give any warranties with respect to any information contained in or at these
other sites and neither ECARDS4ME nor its affiliates shall be liable for any damages
or injury arising from the content of these other sites. Neither ECARDS4ME nor its
affiliates 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 this Site.
User may enter into correspondence with or participate in promotions of the Advertisers
showing their products on the Service. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or promotions,
are solely between the corresponding User and the Advertiser. Ecards4me assumes
no liability, obligation or responsibility for any part of any such correspondence
or promotion.
Creating Your Own Greetings and Photos and/or Images
ECARDS4ME may allow you to create your own greetings by uploading your own photos,
artwork and other materials. If we do and you do so, you are subject to the conditions
outlined in these Terms. When you upload photos and/or images to the Site you are
indicating that you own the photo and/or image and/or have full rights to its use.
When you upload material to the Site and use it to create a greeting, your material
will be used for the transmission of your digital greeting; however, we may also
use such material in the course of performing testing, training and/or archiving
of our and our affiliates' systems and hereby expressly reserve the right to do
so.
Contests
From time to time, ECARDS4ME may sponsor contests and sweepstakes on its Web Sites.
Participation in such contests is entirely voluntary. ECARDS4ME does not condition
access to any goods or services it offers on participation in any contest. If you
elect to enter any such contest, your participation shall be governed exclusively
by the contest rules available through the entry forms or in these Terms of Service.
You agree to strictly abide by any and all contest rules. Any personally identifiable
information you provide in conjunction with any contest shall become the property
of ECARDS4ME and you hereby consent to receive special promotions and offers from
ECARDS4ME and its advertisers, consistent with our Privacy policy. In the event
that you are awarded any prizes or other consideration, you give ECARDS4ME permission
to use your name, likeness, portrait, recorded voice, and biographical information
to advertise, publicize, or promote ECARDS4ME, its products and services, and no
additional consideration shall be paid for such rights.
Intellectual Property Rights
(a) All intellectual property rights, including copyright and trade marks, in any
works provided through the Services or otherwise specifically at the request and
expense of you shall belong exclusively to us and we grant to you a non-exclusive,
royalty-free, non-transferable licence to use such works solely for the purposes
described on our website at the time you place your order.
(b) Except as expressly authorised by us or relevant third parties, you agree not
to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or
create derivative works of any content of any works provided through the Services,
in whole or in part.
Limitation of Liability
(a) You acknowledge that we do not endorse and are not responsible for the accuracy
or reliability of any opinion, advice or statement made through the use of the Services
and such communications shall not be considered reviewed, screened, or approved
by us.
(b) We do not warrant the content, accuracy or veracity of any posting made when
using the Services. You acknowledge that the individual person posting the communication
is responsible for the posting.
(c) Otherwise, so far as permitted by law, and except in respect of death or personal
injury arising from negligence, we exclude any liability for loss or damage of any
kind resulting from the use of the Services.
(a) We reserve the right to deny, at our sole discretion, your access to the Services
without reason or notice.
(b) We also reserve the right to suspend your use of the Services where you break
these terms or the law.
(c) We reserve the right to refer any matter to a law enforcement agency or court
of competent jurisdiction, where, in our reasonable opinion, we consider a matter
is of a criminal or illegal nature.
User acknowledges that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information presented
to User by the Service "Content" by Ecards4me or Ecards4me's Advertisers, or Ecards4me
affiliated Artists, is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws; therefore, User is only permitted to use this
Content as expressly authorized by the Service, Artist or the Advertiser. User may
not copy, reproduce, distribute, or create derivative works from this Content without
expressly being authorized to do so by the Service, Artist or the Advertiser.
Ecards4me SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF User'S TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF Ecards4me HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
User agrees to indemnify and hold Ecards4me, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of User's use of
the Service, the violation of this ETS by User, or the infringement by User, or
other user of the Service using User's computer, of any intellectual property or
other right of any person or entity.
Ecards4me MESSAGE STORAGE
Ecards4me assumes no responsibility for the deletion or failure to store ecards4me
messages.
12. Changes to Terms and Conditions
Ecards4me reserves the right to alter these terms and conditions any changes made
to our terms and conditions will be posted in the terms and conditions.
Contact information
If you have questions regarding this Terms and conditions, please contact Offerx
by following this link:
Contact Us
or by post:
Offerx Limited (REF# Privacy Statement)
Kestrel Court
Waterwells Drive
Gloucester
GL2 2AT
Further Information
If you have any questions regarding the privacy policy of Offerx Ltd or require
any further information please use the Contact
Us page.