Terms and Conditions
Use of the site
You are free to use Creativesoulcards.com for any lawful, worthy and ethical purpose, except as limited by these Terms and Conditions. You may not use the creativesoulcards.com service to send cards and/or animations 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. Creativesoulcards.com 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 the contents of your transmissions through Creativesoulcards.com. We do not exercise editorial control over your transmissions, but we may cancel your account if you violate these Terms of Service. We ask that you use appropriate language when filling in the name, address and message spaces in our cards and/or animations. In addition, you agree that you will not transmit through Creativesoulcards.com any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.
Violations of the Creativesoulcards.com's 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 creativesoulcards.com's subscription service, Creativesoulcards.com may disable the sender's account without compensation or refund.
If you are not fully satisfied with your membership(s) you may terminate your account during the first thirty (30) days of each of your membership terms by calling Customer Service at 1-800-761-1277, Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m. eastern standard time. Your continued use of the Service now, or following the posting of notice of any changes in the rules contained in the Agreement, will indicate acceptance by you of such rules, changes or modifications.
Additionally, we may terminate or suspend your access to all or part of Creativesoulcards.com, without notice, if you violate these Terms of Service or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of CreatveSoulcards.com, any other customer of Creativesoulcards.com, or any third party.
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.. If you do not agree to these Terms, please do not use this Site.
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by creativesoulcards.com 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 Colorful Expressions Inc. or any third party.
Copyright and Trademarks Information
This Website contains material protected by law, including but not limited to copyrights and trademarks. All rights in such material are reserved to Colorful Expressions Inc., (www.creativesoulcards.com) and materials may not be reused in any way or copied in whole or part without prior written permission from Colorful Expressions Inc. 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.
All content on this site, including text, graphics, icons, images and software, is the property of Colorful Expresions and www.creativesoulcards.com or its content suppliers and is protected by the Canadian and international copyright and trademark laws. All rights in such materials are reserved to Colorful Expressions Inc, creativesoulcards.com or its licensors.
Use of the Colorful Expressions Inc. marks trademarks as meta-tags for search engines is strictly prohibited.
Links and Advertisements
Creativesoulcards.com 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 creativesoulcards.com, or Colorful Expressions Inc. 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. Colorful Expressions Inc. will not reimburse or indemnify you for any losses you may incur as a result of transactions with any Colorful Expressions Inc. or www.creativesoulcards.com 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 Colorful Expressions Inc. nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Colorful Expressions Inc. nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Colorful Expressions Inc. 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.
Contests
From time to time, Colorful Expressions Inc. may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. Creativesoulcards.com 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 Colorful Expressions Inc. and you hereby consent to receive special promotions and offers from Creativesoulcards.com and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give Colorful Expressions Inc. permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote Creativesoulcards.com, its products and services, and no additional consideration shall be paid for such rights.
Warranty
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. Colorful Expressions Inc. is not responsible for any failure of ecards 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 Colorful Expressions Inc. 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 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 Colorful Expressions Inc. 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 Colorful Expressions Inc. and its affiliates' aggregate liability shall not exceed any sums paid pursuant this agreement.
Neither Colorful Expressions Inc. 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 Colorful Expressions Inc. and its affiliates and parties with whom Colorful Expressions Inc. 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.
Liability
You hereby indemnify, defend and hold harmless Colorful Expressions Inc. 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. Colorful Expressions Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Respecting agreement
In the event Colorful Expressions Inc. determines, in its sole discretion, that you have violated these Terms, Colorful Expressions Inc. shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of eCards 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 Province or Quebec, Canada. Any dispute arising between you and Colorful Expressions Inc. will be submitted to binding arbitration in Quebec, Canada in accordance with the Canadian Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
Colorful Expressions Inc. 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.
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