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Ownership and Use of Content
As a user of this site (whether as a member or not) you agree that:
- its content, including 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 software used in this site.
- its content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
- you may use its content only as expressly authorized in this site.
- you 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.
Before you can become a member of Quillcards, you must read and accept all the terms you are reading here. They are 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 more ecards than allowed by our acceptable use policy. Take the example of Jane who sends as many as ten ecards to her friends almost every day. That's three or four thousand ecards per year. That number, and the fact that Jane is sending ecards to people she knows means we think this is acceptable use. Jack wants to send ecards to thousands of business prospects he doesn't know personally. That is not acceptable use. If Jack wants to send ecards to customers he knows personally, and to his friends and relatives, and he sends no more that Jane does - that's acceptable use. If Jack wants to send most of his ecards during the holiday season, that is OK with us.
- send unsolicited commercial communications, 'spam' mail, chain letters, or ecards or mail which involve a pyramid or similar scheme;
- contact or keep on contacting anyone through Quillcards 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.
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 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.
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.
Governing Law And Dispute Resolution
You agree to submit to the non-exclusive jurisdiction of the U.S. and UK courts.