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GREETINGCARDSCAFE TERMS OF SERVICE
The following is a legal agreement between Craftprint Limited with
offices at 182 Holly Road, Western Industrial Estate ("GCC," "we," "us," or "our")
and "you," the user of this Site.
By accessing, browsing and/or using
this Web site ("Site"),
you acknowledge that you have read, understand, and agree to be
bound to these terms of service ("Terms") and to comply
with all applicable laws and regulations. THIS AGREEMENT CONTAINS
WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY
TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not
agree to these Terms, please do not use this Site.
Your Use of the Site
GCC hereby grants you a limited license to copy and use the materials,
features, and services provided by GCC on this Site (collectively
the "Materials") solely for your personal, non-commercial
use, subject to these Terms. 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 Site Materials or posting
of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used
on this Site may be the subject of intellectual property rights
reserved by GCC or other third parties. Except for the limited
license granted above, nothing contained herein shall be construed
as conferring to you in any manner, whether by implication, estoppel
or otherwise, any license, title, or ownership of or to any intellectual
property right of GCC or any third party.
Trademarks
Use of the GreetingCardsCafe trademarks as meta-tags for search
engines is strictly prohibited. All rights reserved.
Acceptable Use Policy
GCC has adopted the following Acceptable Use Policy in order to
assure that its electronic greetings are used in a lawful and
appropriate manner. While GCC does not ordinarily monitor the
content of users' greetings, 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 the GCC's Acceptable Use Policy will not be tolerated
and may result in the sender being blocked from sending additional
greetings on the service. If the sender is a member of GCC's subscription
service, GCC may disable the sender's account without compensation
or refund. GCC RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE
TO THIRD PARTIES, INCLUDING GREETINGS 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 GCC 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.
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. GCC 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
GCC may feature on its Site, in its newsletters, or in its e-mail
communications to you links to third-party web sites. These may
appear in the form of text links, advertisements, banners, buttons,
integrated gift services, digital cash, digital gift certificates,
or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE
LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED
IN ANY WAY WITH GCC. GCC MAKES NO REPRESENTATIONS AS TO THE QUALITY,
FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY
OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY
OF ANY ADVERTISER. GCC WILL NOT REIMBURSE OR INDEMNIFY YOU FOR
ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY
GCC ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING
COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided
by a link located at another Web site. Neither GCC nor its affiliates
makes any representations or give any warranties with respect to
any information contained in or at these other sites and neither
GCC nor its affiliates shall be liable for any damages or injury
arising from the content of these other sites. Neither GCC 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.
Creating Your Own Greetings and Photos and/or Images
GCC 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, GCC may sponsor contests and sweepstakes on
its Web Sites. Participation in such contests is entirely voluntary.
GCC 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
GCC and you hereby consent to receive special promotions and
offers from GCC and its advertisers, consistent with our Privacy
Policy. In the event that you are awarded any prizes or other
consideration, you give GCC permission to use your name, likeness,
portrait, recorded voice, and biographical information to advertise,
publicize, or promote GCC, its products and services, and no
additional consideration shall be paid for such rights.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE
ARE PROVIDED "AS IS" WITHOUT 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 INFRINGEMENT. GREETINGCARDSCAFE IS NOT RESPONSIBLE FOR
ANY FAILURE OF ELECTRONIC GREETINGS 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.
NEITHER GCC NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES 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 SOLICTOR’S
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 GCC.COM 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. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH
HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE,
YOU AGREE THAT GCC.COM AND ITS AFFILIATES' AGGREGATE LIABILITY
SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER GCC 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 AGREE TO HOLD HARMLESS GCC AND ITS AFFILIATES
AND PARTIES WITH WHOM GCC HAS CONTRACTED FOR PURPOSES OF HOSTING
OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS
OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
International Use
Neither GCC nor its affiliates make any representation that Materials
on this Site are appropriate or available for use in locations
outside of Ireland. Those who choose to access this Site from
other locations do so on their own initiative and are responsible
for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless GCC and its affiliates,
and all officers, directors, owners, agents, 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 claim arising
out of any breach by you or any user of your account of this
Agreement. You shall cooperate as fully as reasonably required
in defense of any such claim. GCC reserves the right, at its
own expense, to assume the exclusive defense and control of any
matter subject to indemnification by you.
Enforcement by GreetingCardsCafe.com
In the event GCC determines, in its sole discretion, that you have
violated these Terms, GCC shall have the right to immediately
terminate your account (with or without refund), or block the
sending or receipt of greetings from our Site, and/or pursue
any other remedies available to it under applicable law.
Governing Law
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 Republic of Ireland.
Updates to Terms
GCC shall have the right to revise these Terms at any time by updating
this posting. By using this Site, you agree to be bound by any
such revisions and should therefore periodically visit this Site
to determine the then-current Terms to which you are bound.
Data Privacy
Craftprint Ltd (“Company”) respects your right to privacy
and the legal protections that apply to visitors to the greetingcardscafe
website (“website”) and those who opt-in for the Greetingcardscafe
zine (“eZine”). This Privacy Policy documents the policies
in place to protect your rights to privacy and it outlines the
manner in which we deal with personal data supplied on the website.
When you visit the website, you are bound to the terms and conditions
of this Privacy Policy.
The Company collects and stores information as follows:
– Personal Data
– Non Personal Data
Personal Data is supplied voluntarily and includes, e.g. your
contact details (e.g. name, email address etc) and the contact
details of your chosen recipient.
Non Personal Data e.g. site statistical reports including browser
types etc will be collected however this type of information is
collected on an anonymous basis and reported on in a collective
manner.
Use of Personal Data
Personal Data may be processed as follows;
• For the provision of the Greeting Card that you have
purchased.
• To facilitate the delivery of the service/product outlined
on the GreetingCardsCafe site. e.g. where a query arises in connection
with the purchase. It may be necessary to contact either the purchaser
or the recipient under these circumstances.
• To inform customers who have purchased a Greeting Card
or who have opted in to our ezine about relevant products or services
available through the website. You may opt-out of receiving such
communications at any time via the opt-out facility on each such
communication or by contacting the company at info@greetingcardscafe.com – simply
write “Opt-Out” in the subject heading and ensure the
email comes from the email address that is receiving these communications
so that we can process this effectively.
Use of Non Personal Data
Cookies
A "cookie" is a small text
file containing non-personal information about the user, typically
a unique number that is stored on the user's hard drive. Websites
use cookies to recognise users who revisit the website and to
collect statistical data to identify those sections of the website
that are of most interest to the user. Cookies also help the
user to navigate the website more easily.
We may use cookies to collect non-personal statistical data about
visitors to our website, particularly those areas that are most
relevant and of interest to them. Over time this information will
enable us to improve the content of our website and also our communications
with our clients and other visitors to our website.
Most web browsers allow the user to block the use of cookies by
adjusting the relevant settings in the browser options window.
Privacy of Information
Your information will not be sold to any third party subject however
to the right of the Company to sell its data base containing your
Personal Data to a purchaser of the Company and your use of the
website constitutes your express consent to transfer of your Personal
Data for that purpose.
There may be circumstances where your information will be disclosed
to a third party but only where this is essential to deliver Card
purchased e.g. where a postal service needs to deliver the card.
Access to, Correction of and Updating of Personal Data
You have the right at any time, to access the personal data that
we hold about you, by furnishing us with a written request. There
is no fee for providing this information. We are concerned to ensure
that at all times such personal data as we hold about you, is accurate,
up to date and is not in excess of what we require to enable you
to avail of our services. Therefore, if your personal information
changes, or indeed if you no longer wish to receive communications
from us, please let us know and we will correct, update or delete
your personal data as appropriate. This can be done by emailing
us at: info@greetingcardscafe.com or by writing to us at:
Craftprint Ltd
182 Holly Road
Western Industrial Estate
Dublin 12
Secure Payments
Payments are processed on a secure server and encryption technology
is used. All reasonable measures and precautions will be taken
to secure and protect your information.
Financial payment details such as credit card/debit card numbers
are stored on a secure external database, for payment processing
only
Links
Our website contains links to other websites and we must point
out that we are not responsible for the privacy practices of
other websites. This Data Privacy Statement applies solely to
information that is collected by us from users of this website
and / or our eZine.
Privacy Policy Changes
Business requirements may necessitate changes to this policy however
your rights under Data Protection legislation will be protected
and respected at every instance. Any changes to this policy will
be published on the website.
Downloadable Products
Downloads contain computer programs ("Software"), documentation
and other proprietary material (collectively, "Product")
that belong to GreetingCardsCafe ("Licensor") and its
licensors. Installation and use of the software is subject to this
license agreement ("Agreement"). By installing or using
any part of the Software, you (including your employer in the event
you are downloading the Software in the course of performing the
duties of your employment) consent to be bound by, and agree to
become a party to, this agreement.
If you are deemed to have ordered the download, Licensor's acceptance
is expressly conditional on assent to these terms exclusive of
all other terms to the exclusion of all other terms; if these terms
are considered an offer by Licensor, acceptance is expressly limited
to these terms.
COPY RESTRICTIONS.
The Software and
the accompanying written materials ("Documentation")
are copyrighted. Unauthorized copying of the Software, including
any portion of the Software that has been modified, merged, or
included with other Software, or of the Documentation is expressly
forbidden. You may be held legally responsible for any copyright
infringement that is caused or encouraged by your failure to
abide by the terms of the License.
USE RESTRICTIONS.
You may not modify, adapt, translate, reverse
engineer, decompile, disassemble, or create derivative works based
on the Software or permit others to do so. You may not modify,
adapt, translate, or create derivative works based on the Documentation
without the prior written consent of Licensor.
TRANSFER RESTRICTIONS.
The Software is licensed only to you and
may not be transferred to anyone without Licensor's prior written
authorization. Any authorized transferee of the Software shall
be bound in writing by the terms and conditions of this Agreement.
In no event may you transfer, assign, rent, lease, sell, or otherwise
dispose of the Software on a temporary or permanent basis except
as expressly provided herein.
TERMINATION.
This Agreement is effective until terminated. In
the event you fail to comply with any provision of this Agreement,
this Agreement may be terminated if you do not cure such failure
within forty-five (45) days of a written notice from Licensor.
Upon termination you shall destroy the Documentation and all copies
of the Software, including modified copies, if any.
UPDATE POLICY.
Licensor may from time to time, create updated
versions of the Software and provide them for download at it's
web site.
DISCLAIMER OF WARRANTY.
Licensor does not warrant, guarantee,
or make any representations regarding the use, or the results of
the use, of the Software or written materials in terms of correctness,
accuracy, reliability, currentness, or otherwise. Licensor does
not represent or warrant that the Software will be compatible with
Licensee's computer system or will not conflict with other programs,
applications, or operating systems. Licensee assumes the risk of
any computer failure, malfunction, crash, failure, or loss of data
resulting from downloading or use of the Software and Licensor
shall have no liability therefore.
LIMITATION OF LIABILITY.
Licensor's entire liability and your
exclusive remedy as to the Software shall be the replacement of
the Software that does not comply with the foregoing Limited Warranty.
The above are the only warranties of any kind made by Licensor
with respect to the product, and all other warranties, either express
or implied, including but not limited to the implied warranties
of the merchantability and fitness for a particular purpose are
disclaimed. No oral or written information or advice given by Licensor,
its dealers, distributors, agents, or employees shall create a
warranty or in any way increase the scope of this warranty, and
you may not rely on any such information or advice. This warranty
gives you specific legal rights. You may have other rights which
vary from state to state.
Neither Licensor, nor anyone else who has been involved in the
creation, production, or delivery of the product shall be liable
for any direct, indirect, consequential or incidental business
damages (including damages for loss of business profits, business
interruption, loss of business information, and the like) arising
out of the use of or inability to use the product even if Licensor
has been advised of the possibility of such damages. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not
apply to you.
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