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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.

 

 

 
     
VAT: IE 4733595J © GreetingCardsCafe 2008