Conditions of Use of Website and Terms of License Agreement
This is a legal agreement between You and the Company. By browsing or using the Site, You acknowledge that you have read, understtod, and agree to be bound by these terms (the “Agreement”). If You do not agree to the terms and conditions of this Agreement, You should not use the Site.
- “Site” means the website www.hardyharcards.com
- “Ecards” means the electronic greeting/joke cards available on the Site
- “Materials” means all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Site, including the Ecards and Digital Products
- “The Company” means Calling Crane Publishing, a company registered in the United States and trading as hardyharcards.com
- “Member” means any person who has purchased a membership to use Ecards and other features of the Site
- “Digital Product” means a digital product available for purchase from the Site
- “You” means any person visiting or browsing the Site, including but not limited to Members and “Your” shall be construed accordingly
This Agreement is in two parts. The first part contains the conditions of use of the Site, and applies to all persons visiting, browsing or otherwise using the Site or Materials, including but not limited to Members. The second part contains the terms that apply only to those who choose to become Members or purchase Digital Products.
All Materials are protected by copyright and other forms of intellectual property, and are owned or controlled by the Company, its affiliates, or the parties credited in the copyright and trademark notices within the Materials. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company, its affiliates or the parties credited in the copyright and trade mark notices within the Materials.
The Company hereby grants you a limited license to use, in accordance with this Agreement, such Ecards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, Ecards or Digital Products is permitted save that permitted by this Agreement.
Use of the Site
The Site is only for domestic and private, non-commercial, use. You agree not to use this Site for any commercial or business purposes.
Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden.
You agree not through the use of the Site to violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. You further agree that You will not send Ecards or Digital Products to anyone with the intent of harassing such person. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any such matter.
You may not use this Site to send Ecards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. The Company 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.
Changes to Our Site
All Materials are subject to change without notice. The Company may from time to time in its sole discretion publish or vary Ecards or Digital Products. The Company may further determine that certain of these Ecards are exclusively for the use of Members and that others are available also to non-Members. The Company may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.
The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at Your sole risk.
Limitation of Liability
The Company is not responsible for any failure of Ecards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.
To the extent permitted by law, the Company excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. If the Company fails to comply with this Agreement, it is responsible for loss or damage You suffer that is a foreseeable result of the Company’s breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of the Company’s breach or if it was contemplated by You and the Company at the date of this Agreement.
Any such loss or damage shall be limited to the amount of money the Company has received from You in connection with this Site. Please note that the Company only provides this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes. The Company has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Company will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any content on it, or on any website linked to it.
The Company does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms.
Changes to this Agreement
The Company does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentatio
This Agreement, its subject matter and its formation, are governed by United States law. You and the Company both agree that the courts of the United States will have exclusive jurisdiction.
ADDITIONAL TERMS FOR MEMBERS AND PURCHASERS OF DIGITAL PRODUCTS
The following is an additional set of terms that apply only to those who choose to become Members or who purchase a Digital Product. These terms are in addition to the Conditions of Use of Site above and nothing in these terms overrides or replaces any of the above conditions.
YOUR OBLIGATION TO PAY
In order to become a Member or purchase a Digital Product, You must pay a fee and taxes where applicable. For more information visit, prices and membership. The purchase prices for Digital Products will be clearly stated at the time of purchase. You may pay for Your purchases by credit card or PayPal. The Company does not accept cheques or money orders
If You choose to pay by PayPal, Your membership will be activated after the Company receives payment from PayPal. The Company will not be liable for any additional fees resulting directly or indirectly from charges to Your PayPal account.
If You pay by credit or debit card, please be aware that the Company will send a small test transaction through Your credit or debit card account to make sure that the account You have given is valid. This test transaction may occur before any applicable free trial is over, or before Your membership has expired. This test transaction is not a charge, and will fall off Your account in approximately 72 hours – it is just a way to confirm that Your payment method is valid.
If You choose to pay by credit or debit card, the Company offers You the opportunity to auto-renew. If You choose to auto-renew, on the anniversary of You becoming a Member, the Company will charge Your card the then-current price for another period of membership. If you opted to have your membership automatically renewed, you may cancel any renewal year by emailing us at email@example.com or writing to us at the address below, no less than five days before the anniversary of your membership date of your desire to cancel. Prices for renewal are the same as the prices for new members and can be found by visiting prices and membership.
Barring any technical changes to browsers or operating systems that are outside of the Company control, we will do our best to maintain certain digital products for your use for one year after the date last offered for sale on the site.
When You purchase a Digital Product from the Site You will be given a unique activation code, which is required in order to use the product. This activation code may be used only by You or, if a gift, by one recipient. The Company may limit the number of times an activation code may be used, in order to prevent abuse.
YOUR PASSWORD AND EMAIL ADDRESS
In order to have a membership to the Site or purchase a Digital Product, You will be required to select a password to be used in conjunction with Your email address. You must not disclose this password to others or permit others to use Your password so as to access the Site. The Company has the right to disable any user identification code or password, whether chosen by You or allocated by the Company, at any time, if in its reasonable opinion You have failed to comply with any of the provisions of this Agreement.
You must ensure that the email address which You give as part of your membership details is Your correct and valid email address.
If You change your email address You must notify the Company by means of the facilities made available on the Site (i.e. by logging on and clicking My Details).
TERMINATION AND RIGHT TO CANCEL
You may cancel Your membership or Digital Product at any time by writing to the Company at the address below. Your money will be fully refunded if the Company receives your request within the time prescribed by law (this varies depending on where You live). Otherwise, Your membership will end on a date determined by the Company according to the amount of the fee paid by You in accordance with the price list published on the Site. The Company reserves the right to cancel Your membership or Digital Product at any time by refunding Your money.
CHANGES TO THE SITE
Your purchasing of a membership or Digital Product does not commit the Company to the future maintenance or availability of the Site nor to the release of further Ecards or Digital Products.
If you have a technical problem or any problem with your membership or payments, please use our Help pages to contact us.
If you need to write to us on any other matter please use the address below.
Calling Crane Publishing, trading as hardyharcards.com
7605 Boston Harbor Road NE
Olympia, WA 98506