CARD AND CONTENT USE
Someecards Content is free for personal use only and in order to keep it free we require that people adhere to the following Terms of Service. All of our Content is protected under copyright and trademark laws. Any use other than personal use requires written permission. This applies to both cards created by the Someecards staff and User Created cards.
You CANNOT use the Services to create advertising, promote a product, brand, Web site, social media program, community page, or Facebook fan page without written permission.
If you are interested in a paid advertising or social media marketing program, please email email@example.com. We do not have a self service, free, or trade program for marketing. You CANNOT use User Created cards for marketing or audience building.
If you run a community page, blog or news outlet and would like to ask for permission to use our Content, please email firstname.lastname@example.org.
If you are interested in licensing our Content, please email email@example.com.
If you want to use or share our Content outside of our Services, you can ONLY do so through emailing or otherwise sending our cards or other Content through our Services, using the sharing buttons on our Services, or using the embedding code and permalinks on our Services. You can NEVER edit, alter or download our Content without our permission. These rules apply to both the cards we create and your User Created cards on our Services. They also apply to any of our cards or User Created cards you find on other sites on the Internet.
Someecards may modify this Agreement at any time by posting a notice on the Site, or by sending users of the Services ("you" or "User" or "Someecards User") a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Someecards may change, suspend or discontinue the Services including any materials displayed on the Services (including but not limited to text, graphics, images, photographs, illustrations, articles, software, music, audio, video, and information, also known as the "Content") for any reason, at any time, including the availability of any feature or Content. Someecards may also impose limits on certain features or services or restrict Users' access to parts or all of the Services without notice or liability.
The Services are not for use by people under 18 years of age. You take full responsibility for access of and use of the Services. This Agreement is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. Someecards may, in its sole discretion, refuse to offer access to the Services to any person or entity and change its eligibility criteria at any time.
RESTRICTIONS ON USE OF SERVICES
As a condition of use, you promise not to use the Services for any purpose that is prohibited by this Agreement.
You CANNOT use the Services to violate the copyrights or other intellectual property rights or any other rights of Someecards or any other person or entity. If you believe that any of our Content infringes a copyright, please follow the directions in our Digital Millennium Copyright Act Notice at the end of these Terms of Service.
By way of other examples of prohibited use, and not as a limitation:
1) Someecards User will not use the Services for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
2) Someecards User will not transmit through the Services any false, infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature.
3) Someecards User agrees not to use the Services for illegal purposes.
4) Someecards User agrees not to transmit through the Services any Content that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
5) Someecards User shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
6) Someecards User recognizes and accepts that Someecards is not intended to be an anonymous e-mail service. Every E-Card sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of Someecards’ card recipients.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
To report a violation of the Someecards Terms of Service, please e-mail us through http://www.someecards.com/static/contact. If you do not wish to receive E-cards from Someecards, you may block your e-mail address from the Site by entering your e-mail address at http://someecards.com/subscribe/index.html.
In order to access some features of the Services, you will have to create an account. You must submit a valid e-mail address and select a password and user name during the registration process. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of your Someecards account.
You shall not:
• select or use as your user name a name of another person with the intent to impersonate that person;
• use as your user name a name subject to any rights of a person other than you without appropriate authorization; or
• use as your user name a name that is otherwise offensive, vulgar or obscene.
Someecards reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Someecards password. You shall never use another User's account without such other User's express permission. You will immediately notify Someecards in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Content and other items displayed on the Services are for your personal use only. The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Someecards hereby grants you a limited, revocable, non-sublicensable license to display the Content and transmit the Content through the Services; provided, that you retain all copyright and other proprietary notices contained therein. Except as set forth in these Terms of Service, reproducing, copying or distributing any Content, materials or design elements on the Services for any purpose other than personal, noncommercial use is strictly prohibited without the express prior written permission of Someecards.
If you include or post any of the Content on another website, YOU MUST EITHER:
use the sharing buttons on the Services; OR
use the embed code or post the link of the Content ONLY.
Any other downloading of Content or dragging it to a third party site violates our rights to the Content.
Except as set forth in these Terms of Service, you may not alter or modify any images on the Services (including by placing any logos on cards created through the Create Your Own Card service ("User Created cards")), publish, transmit, participate in the transfer or sale of, copy, reproduce, download, upload, transmit, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content (other than your User Content) on the Services or any other website owned, operated, licensed or controlled by Someecards, in whole or in part.
In addition, you may not reverse engineer, decompile or disassemble any Content, nor shall you use or download any images separate and/or apart from the associated product or Services.
We reserve the right to allow posting or use of the Content for commercial purposes, but only after prior permission from us, through contacting firstname.lastname@example.org.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Someecards User acknowledges that Someecards has no control over, and no duty to take any action regarding which Users gain access to the Services, what Content you access via the Services, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release Someecards from all liability for your having acquired or not acquired Content through the Services. The Services may contain, or direct Users to sites containing, materials that some people may find offensive or inappropriate.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOMEECARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOMEECARDS DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOMEECARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge and agree that if you upload to the Services, or otherwise transmit on or through the Services, Content ("User Content"), including by but not limited to submitting Content through the Create Your Own Card service or to any "Public Area" of the Services (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such User Content has expressly granted Someecards the royalty-free, perpetual, irrevocable, transferable, non-exclusive, worldwide, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit such Content (in whole or part, including all related intellectual property rights) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. . You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content, including after your termination of your account or the Services.
In other words, if you don't own the User Content, or if you don't have permission from the person who does, don't upload it to the Services.
You warrant, represent and agree that you own or otherwise control all rights to such User Content and that disclosure and use of such User Content by Someecards (including without limitation, publishing Content on or at the Site or Services) will not infringe or violate any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right, including moral rights, of any other person or entity. You further warrant, represent and agree that you will not contribute any User Content which is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, or hateful, or contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage or detrimentally interfere with any system, data or information. No User Content shall be subject to any obligation of confidentiality on our part.
Someecards reserves the right to use User Content submitted by you as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Someecards reserves the right to remove any User Content from the Services at any time, for any reason or for no reason at all. You are responsible for all User Content posted under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username. If you believe User Content residing on the Services infringes a copyright, please see our Copyright Policy.
Someecards is under no obligation to offer you any payment for User Content you submit regardless of whether Someecards commercializes such User Content in any way or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Someecards. Someecards shall have no duty to attribute authorship of works developed by Someecards using your User Content to you, and shall not be obligated to enforce any form of attribution by third parties. We hope you will understand that this policy is necessary because Someecards is continuously developing and creating its own ideas and materials, employees of Someecards may currently be working on or previously have worked on ideas or materials similar to your User Content, and Someecards may have received or may someday receive from others ideas or materials similar to your User Content. Someecards may currently have or previously have had access to and/or may independently create or have created E-cards or other materials which may be similar or identical to the ideas, themes, or other elements of your User Content.
APPLE DEVICE AND APPLICATION TERMS
If you are accessing the Services via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:
a) Both you and Someecards acknowledge that these Terms of Service are concluded between you and Someecards only, and not with Apple, and that Apple is not responsible for the Application or the Content;
b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
c) You will only use the Application in connection with an Apple device that you own or control;
d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
f) You acknowledge and agree that Someecards, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Someecards, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
i) Both you and Someecards acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Someecards acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
You will indemnify and hold Someecards, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of this Agreement, or the infringement by you, or any third party using your Someecards account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
Under no circumstances shall Someecards be liable for any special, consequential, incidental, indirect or punitive damages that result from the use of, or the inability to use, the materials in the Services, even if Someecards or a Someecards authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Someecards' total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you, if any, for accessing the Services.
THIRD PARTY SITES
The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under Someecards' control, and you acknowledge that Someecards is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Someecards or any association with its operators. You further acknowledge and agree that Someecards shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services shall be filed only in the state or federal courts located in New York County, New York and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed limited or eliminated from this Agreement to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement is not assignable, transferable or sublicensable by Someecards User except with Someecards‘ prior written consent. Someecards may transfer, assign or delegate this Agreement and its rights and obligations without consent.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and Someecards User does not have any authority of any kind to bind Someecards in any respect whatsoever.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Either party may terminate this Agreement at any time by notifying the other party by any means. Someecards may also terminate this Agreement immediately without notice if in Someecards' sole discretion you fail to comply with any term or provision of this Agreement. Any fees paid hereunder are nonrefundable. Upon termination, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Someecards has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Someecards' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Someecards' policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders.
If you believe that Content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Someecards, Inc., Attn: Copyright Agent, P.O. Box 695 New York, NY, 10159, containing the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Someecards is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Someecards' policy to remove or disable access to the infringing Content; to notify the Content provider, member or User that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Someecards will terminate such content provider's, member's or User's access to the Services.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may contact Someecards at the following address:
Attn: Legal Department
P.O. Box 695
New York, NY 10159