TERMS OF USE

Ownership and Use of Content
Users of this site (whether members or not) acknowledge that:

• its content, including but not limited to software, photos, text, icons, video, graphics, music, sounds, images, and other materials is the property of the owners of this site or the owners of any proprietary software employed in this site.
• its content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of its content is the exclusive property of the owners of this site, and is also protected by U.S. and international law.
• they may employ its content only as expressly authorized in this site.
• they may not transfer, sell, reproduce, modify, distribute, display, incorporate into another web site, or generate derivative works from its content without the prior written express consent of the owners of this site.

Members
Before you can become a member of Quillcards, you must read and accept all of the terms and conditions set out here and which constitute a legally binding agreement between you and the owners of Quillcards.

You may not use this site if you are not able to form legally binding contracts, or if your Quillcards membership has been suspended.

While using this site, you will not:

• send unsolicited commercial communications, 'spam' mail, chain letters, or ecards or mail which involve a pyramid or similar scheme;
• contact or persist in contacting anyone via this website who has asked not to be contacted;
• send ecards or mail which contain defamatory, derogatory, offensive or libelous statements or that are obscene, threatening, abusive, hateful, sexually explicit to the extent that would constitute unlawful use, or which contain any statement that would be unlawful under the laws of the United States or of the United Kingdom;
• send ecards or mail with the intent or purpose of inducing others to fall victim to a scam or with the intent of conspiring to commit a crime;
• send ecards or mail that advertise any service or the sale of any item the provision or sale of which is prohibited by the law of the country from which the ecard or mail emanates or to which it is sent;
• impersonate or falsely claim or misrepresent yourself to be any other person, body, or entity;
• breach any laws, including but without limitation infringing the copyright, trade mark, or other rights of third parties.
• transfer your Quillcards account to another party or share the same, without our prior written express consent;
• distribute viruses or any other technologies that may harm Quillcards or the interests or property of Quillcards users including sending mail with the intention or effect of overloading, "flooding", "spamming", "mailbombing" or "crashing" this site;
• except as expressly allowed by this site - copy, modify, or distribute the copyrighted works or trade marks of Quillcards or other content from this site, without our prior written express consent;
• harvest or otherwise collect information about users, including email addresses, without their express consent;
• use any robot, spider, scraper, or other automated means to access this site for any purpose without our prior written express consent, nor bypass any measures we may use to prevent or restrict access to this site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this site;
• take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure, in the assessment of which the considered judgement of the owners of this site shall be final and binding.

You agree that this site is intended for use as illustrated by the following examples and that you will only use it for such purpose.

• Jane likes to send as many as ten ecards to her friends almost every day, and that might amount to something around three or four thousand cards per year. That number and the fact that she is sending her ecards to people she knows means this is acceptable use.
• Jack is a businessman who wants to send hundreds of ecards daily to his businesses contacts, customers, and prospects. That might run into tens of thousands of cards per year. This kind of mass mailing is not within the spirit of this site, and would not be acceptable use. If on the other hand Jack wants to send ecards to business clients he knows personally, and perhaps also to his friends and relatives, and overall he sends no more than the kind of numbers we describe for Jane - then that would be acceptable use.

You agree that you will only use this site in accordance with these Terms Of Use and you will indemnify us and compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of these Terms Of Use or arising out of your violation of the rights of any third party through this website.

Your ecards are private communications between you and the people to whom you send them, and we do not access or attempt to access the contents. Equally, we do not endorse the contents of any communications by members or users of the free ecards or assume responsibility for any threatening, libelous, obscene, harassing, or offensive material contained in such communications; any infringement of third-party intellectual property rights arising out of them; or any crime facilitated thereby.

You are responsible for maintaining the confidentiality of your information including your account password. You shall be responsible for all uses of your information you have revealed to others and whether or not you have authorized such others to use this site. You agree to immediately notify us of any unauthorized use of your membership.

The Limits Of Our Responsibility
We shall attempt to deliver, as expeditiously as possible, all valid ecards from you that meet these terms and conditions. We will also attempt to send to you in good time all important date reminders you have specified in your account. You will not, however, hold us responsible for the late delivery or non-delivery of any ecard to any recipient or of any notification to you or for the consequences of any such late delivery or non-delivery.

We do not warrant that this site will operate free of error or that this site and its servers are free of computer viruses or other harmful mechanisms.

We do not warrant that we will maintain the information recorded by you in your account. Therefore, you are advised to maintain additional email and other information about your contacts and recipients in your own records off-site.

This site may contain links to other web sites that we like. If you follow those links, be aware that we are not responsible for the privacy practices or the content of these other web sites.

Our Rights And Remedies
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, this site if we think that you are creating problems (including, without limitation, by harassing the owners of Quillcards or other users or exposing us or another Quillcards user to financial loss or legal liability or if we think you are acting inconsistently within the letter or spirit of these terms and conditions.

Becoming a member of this site does not intend to and does not create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship.

Notices
Notices to us shall be sent using the 'Contact Form' on the 'Contact Us' page of this site or by ordinary mail sent to us at the address stated on the 'Contact Us' page of this site.

We shall send notices to you by email to the address you provided to Quillcards when you registered as a member or, if you have subsequently updated such information in your account, to such email address as is current.

Revisions To Our Terms Of Use
You agree that we may modify these terms and conditions by publishing them on this website. We shall notify you by email of any substantive changes and the revised terms and conditions shall become effective seven days after publication unless you expressly accept the revised terms and conditions earlier by advising us in response to our notification to you. Your express acceptance or your continued use of this website after the end of the notice period of seven days shall constitute your acceptance to be bound by the modified terms and conditions.

Terms Of Use In Relation To Our Privacy Policy
By accepting our terms and conditions during the process of becoming a member or by using this site, you expressly consent to the collection, storage, use, and disclosure of your personal information by Quillcards as described in our Privacy Policy.

Governing Law And Dispute Resolution
You agree to submit to the non-exclusive jurisdiction of the U.S. and UK courts.

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