EasyCardBuilder.com Terms Of Service
1. ACCEPTANCE OF TERMS
Synergenic Concepts operating www.EasyCardBuilder.com (hereinafter known as "EasyCardBuilder") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these terms and conditions. In addition, when using particular EasyCardBuilder services, you may be subject to additional posted guidelines or rules applicable to our partners or affiliates, or specific to such services, which may be posted on our site or on the sites of our partners or affiliates, from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.
2. USE OF SERVICE
EasyCardBuilder currently provides users with access to a large collection of on-line design and printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EasyCardBuilder features, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that EasyCardBuilder assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
(a) GALLERY GRAPHICS Graphics selected from the EasyCardBuilder Gallery ("Gallery") may be used to design a promotional item, such as business card, sticker or magnet, for your personal (or your companys) use. However you may not resell the background or graphic commercially, unless graphic is overlaid with text information, and you have purchased the overlaid graphic separately with this intent. This Licence shall be for one time use only and purchased overlaid image may be resold as a finished product only one time with no right to be resold thereafter. EasyCardBuilder may terminate or refuse to deliver images for any reason whatsoever, at our sole and absolute discretion, notwithstanding that a payment shall have bee received for same. EasyCardBuilder financial liability for purchased images shall not exceed the purchase price.
(b) FONTS The typefaces on final printed products are graphic representations of the original fonts that appear on your screen. As these technically exist only on our servers, it is not possible to download these typefaces. The naming convention that we use to name our fonts is our own and does not represent or imitate the copyright font name. The user is advised that fonts installed in their own system may have a similar name may not be similar to the font that resides on our server.
3. CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EasyCardBuilder of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Under no circumstances will EasyCardBuilder be liable for any loss or damage arising from your failure to comply with this Section 3.
4. CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not EasyCardBuilder, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States or Canada, or a threat of blackmail (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States or Canada (iv) any defamatory remarks directed at any other person or company or (v) any content that infringes the intellectual property rights or other proprietary rights of EasyCardBuilder or any third party. EasyCardBuilder does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will EasyCardBuilder be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
Products and services, such as “send to a friend” and others are provided for your personal use only. You agree to abide by these TOS and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You acknowledge that EasyCardBuilder does not pre-screen Content, but that EasyCardBuilder and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. You further acknowledge and agree that EasyCardBuilder may preserve Content and may also disclose Content if required to do so by law or in the good faith believe that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (b) enforce the TOS (c) respond to claims that the Content violates the rights of third-parties or (d) protect the rights, property, or personal safety of EasyCardBuilder, its users and the public.
You agree to indemnify and hold EasyCardBuilder, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, contractors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of a third party.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, unless you are a registered reseller of EasyCardBuilder and we have record of the application and reseller information.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EasyCardBuilder may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on EasyCardBuilder servers for Customer use. You agree that EasyCardBuilder has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that EasyCardBuilder reserves the right to Content stored on the Service which is inactive for an extended period of time. You further acknowledge that EasyCardBuilder reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
8. MODIFICATION OR TERMINATION TO SERVICE
EasyCardBuilder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that EasyCardBuilder, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if EasyCardBuilder believes that you have violated or acted inconsistently with the letter or spirit of the TOS. EasyCardBuilder may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that EasyCardBuilder shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
9. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that EasyCardBuilder shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. EasyCardBuilder does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that EasyCardBuilder shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EasyCardBuilder EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) EasyCardBuilder MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EasyCardBuilder OR THROUGH THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EasyCardBuilder AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EasyCardBuilder HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE (ii) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. TRADEMARK INFORMATION
EasyCardBuilder and EasyCardBuilder.com are trademarks of Synergenic Concepts (the "EasyCardBuilder Marks"). You shall not display or use in any manner, the EasyCardBuilder Marks, without EasyCardBuilders prior written permission or being registered as an affiliate partner and using it in accordance with the Affiliate Agreement. All other brand and product names found on the EasyCardBuilder site are considered trademarks or registered trademarks of their respective companies.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the EasyCardBuilder Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless the copyright holder specifically licenses them to you.
14. COPYRIGHT INFRINGEMENT
EasyCardBuilder respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EasyCardBuilder the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
(b) a description of the copyrighted work that you claim has been infringed
(c) a description of where the material that you claim is infringing is located on the site
(d) your address, telephone number, and optional email address
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you and EasyCardBuilder and govern your use of the Service, superceding any prior agreements between you and EasyCardBuilder. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These TOS and the relationship between you and EasyCardBuilder shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions. You and EasyCardBuilder agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of EasyCardBuilder to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.