Creatacard Terms of Use

Creatacard App - Terms of Use

Last Updated: 2/19/2014

TABLE OF CONTENTS

1. ACCEPTANCE OF TERMS

This mobile Creatacard Application (the "App") is a service of Cardstore, Inc. ("Cardstore"). Cardstore provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By using the App, you agree to the Terms. These Terms apply only to the App, and not to any other website or app operated by Cardstore (or a Cardstore affiliate), unless such website or app links to these Terms. When you use certain features of the App or the Service (defined below), your use may be subject to additional terms and conditions ("Additional Terms").

You acknowledge that these Terms are entered into between you and Cardstore and that Apple, Inc. ("Apple") is not a party to these Terms.

2. DESCRIPTION OF SERVICE

Cardstore sells paper products including cards, postcards, invitations, and announcements online and various services relating to the printing, purchase, and mailing of such products. Creatacard is a fun way for kids to design cards that a parent or other adult may then, if desired, purchase and address for printing and mailing by Cardstore or its service providers (collectively, the "Service"). Unless specifically stated otherwise, any new features that augment or enhance the current Service are subject to these Terms.

3. USE OF SITE

  • 3.1 Proprietary Rights

    The App contains information, text, photographs, designs, graphics, images, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Cardstore or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or developed later. CREATACARD, CARDSTORE, the Creatacard and Cardstore.com logos, and product and service names featured on the App are trademarks of Cardstore (the "Cardstore.com Marks"). You agree not to display or use the Content or the Cardstore.com Marks in any manner (outside of the normal operation of the App), without Cardstore's prior written permission. You acknowledge that Cardstore, and not Apple, is responsible for all Content, including the App.

  • 3.2 No Framing

    You may not frame or mirror any Content or third-party content displayed on or accessible from this App without prior written authorization of Cardstore.

  • 3.3 Use of Content

    Subject to your strict compliance with these Terms, Cardstore grants permission to access and view the App and Content for the sole purpose of designing cards and, if desired, submitting an order for any such card. Any other use of the App or the Content, in whole or in part, is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the App or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. Anyone may use the App to design cards. However, in order to create an account and submit an order, you must be at least 13 years old or older; you must be a human (accounts registered by "bots" or other automated methods are not permitted); you must provide your legal first and last name, a valid email address, valid payment card information, and any other information requested in order to complete the order process. In addition, you may not share your login with others; a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Cardstore cannot and will not be liable for any loss or damage from your failure to maintain the security of your account or password. You are responsible for all activity that occurs under your account.

  • 3.4 Information & Content You Submit

    The App may provide you the opportunity to incorporate your own content or materials into cards you design or to otherwise transmit content to or through the App, including as part of a card or through a "Feedback" or "Contact Us" mechanism. You may choose to submit, upload, transmit, or disseminate content, such as photographs, textual card elements, comments, suggestions or other content (collectively, "User Content"). Except as otherwise described in the posted Privacy Policy, or any applicable Additional Terms, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and have the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Cardstore the license below. Upon Cardstore's request, you will furnish Cardstore any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Cardstore. You remain the owner of your User Content, but you acknowledge that Cardstore must have a license from you in order to accept your User Content. With respect to all other User Content, you grant to Cardstore an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed. You agree that your use of the App is governed by and subject to the Creatacard Privacy Policy. You agree that you have read our Privacy Policy, and agree that it is acceptable to you. You further agree that Cardstore is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, and without limitation, developing, manufacturing, and marketing products and services and creating informational articles, without any payment of any kind to you. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You agree that Cardstore has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Cardstore will not have any obligation to you with regard to User Content and that Cardstore may or may not monitor, display or accept your User Content and may delete it at any time.

  • 3.5 Online Conduct

    Your use of the App is subject to applicable local, state, federal, and international law. You may not to use the App or any of the Content for any illegal purpose. You may not to transmit to or through the App any User Content of any kind that is, in Cardstore's sole opinion, illegal, harmful, threatening, defamatory, obscene, hateful or otherwise objectionable. You may not interfere with, abuse or otherwise violate the legal rights of any third party using the App (including by using any merchandise or the Services offered on or in connection with the App). By way of example only, and not as a limitation, you specifically agree not to:

    1. upload, post, send, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, hateful, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or right of publicity, or racially, ethnically, or otherwise objectionable in Cardstore's sole opinion;

    2. harm minors in any way through your use of the App, the Service, or the Content;

    3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted to or through the App;

    5. upload, post, send, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contract (such as confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. use the Service to advertise Internet sites or services which are competitive to the Service;

    7. upload, post, send or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    8. upload, post, send or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the App, Service, or of any other computer software or hardware or telecommunications equipment;

    9. interfere with or disrupt the App, Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

    10. intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.

    You acknowledge and agree that your use of the App is also subject to Apple's Usage Rules as set forth in the iTunes Store Terms of Service.

  • 3.6 Promotions

    The App may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such promotions, you will become subject to those official rules. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable promotion.

4. DISCLAIMER

The App and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Cardstore is a distributor and not a publisher of the content supplied by users of the App or Service; as such, Cardstore exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, noninfringement, or currency of any information, content, or merchandise provided through or accessible via the App. In addition, Cardstore specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the App or on other sites that may appear as links on the App, or as the manufacturer of the products provided as a part of or otherwise in connection with the App, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral advice or written information given by Cardstore or any of its affiliates, employees, officers, directors, agents, or the like, creates a warranty. Price and availability information is subject to change without notice.

In the event of any failure of the App to conform to any warranty not effectively disclaimed in these terms, you may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple and Cardstore will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty not effectively disclaimed in these Terms will be Cardstore's sole responsibility. Notwithstanding the foregoing, Cardstore and you acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the Apple App.

Notwithstanding anything to the contrary in these Terms, and subject to these Terms, Cardstore and you acknowledge that as between Apple and Cardstore, Cardstore is responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. LIMITATION OF LIABILITY

Your use of the App and its contents is at your own risk. Neither Cardstore nor any of its affiliates or other parties involved in creating and delivering the App, Service, or any products provided as a part of, or otherwise in connection with, the App, will be liable for any compensatory, direct, indirect, or consequential damages, loss of data, income, or profit, loss of or damage to property, or any claims of third parties arising from use of the App, regardless of the legal theory on which the claim is based, and even if advised of the possibility of such damages. This limitation includes but is not limited to any damages arising out of reliance by the user on information obtained from Cardstore or the App, or for damages which result from any mistake, omission, virus, delay in operation, interruption of service, or failure of performance, whether or not resulting from an act of God, communications failure, theft, or unauthorized access to Cardstore records or the App. The aggregate liability of Cardstore under these terms is limited to the fees actually paid by you for the Services.

Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.

6. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD CARDSTORE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE APP OR SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THESE TERMS, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR THE VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE OR REGULATION. THIS OBLIGATION SURVIVES ANY TERMINATION OF THESE TERMS.

7. APPLICABLE LAW

By accessing the App, both you and Cardstore agree that the statutes and laws of the state of Ohio, without regard to the conflicts of law principles, will apply to all matters relating to use of the Service, the App and its contents. Cardstore makes no representation that the Content is appropriate or will be available for use in all locations or any specific location. If you use this App from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third-party content. Unless otherwise explicitly stated, all marketing or promotional materials found on this App are solely directed to individuals, companies, or other entities located in the United States. You and agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in Cuyahoga County, Ohio with respect to any matters relating to the Services, the use of the App and its contents, or any transactions done through the App.

8. LINKS TO OTHER WEBSITES AND SERVICES

This App may from time to time contain links to other sites. The linked sites are not under the control of Cardstore, and Cardstore is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to those sites. Cardstore reserves the right to terminate any link or linking program at any time. Cardstore is providing these links to you only as a convenience. Cardstore is not endorsing companies or products by linking to them. If you decide to access any of the third-party sites linked to the App, you do this entirely at your own risk.

We do not control any of these third-party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APP, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

9. SECURITY

You agree not to violate or attempt to violate the security of the App, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the App; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; or (f) sending promotions, and, advertising products or services.

You will promptly notify Cardstore of any known or suspected unauthorized use of the Service or App, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to customercare@cardstore.com. Cardstore is not liable for any loss or damage resulting from your failure to safeguard your password and account.

10. SPECIAL LEGAL CONSIDERATIONS

You must possess the legal right and ability to use the App. Without limiting the foregoing, you agree to be financially responsible for any orders placed through the App under your name and password. You also acknowledge that the Content may not be suitable for all visitors. You agree to comply with all applicable laws, rules and regulations concerning your access to or use of the App and the Content, including any rules regarding your access to or use of the App (such as any applicable rules and or policies of your employer or Internet Service Provider). Notwithstanding any other provision of the Terms to the contrary, Cardstore reserves the right to cooperate with local, state, and federal officials in any investigation relating to any purported illegal activity and to disclose any personal information furnished by you or collected by Cardstore.com to law enforcement authorities or other relevant or related third parties. CARDSTORE RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED USE OF THE APP AFTER THE TERMS HAVE BEEN CHANGED CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.

11. GENERAL

If any provision of these Terms is held to be invalid by a court of competent jurisdiction, then that provision will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Cardstore to enforce any right or provision in these Terms is not a waiver of that right or provision. If you violate these Terms, Cardstore reserves the right to terminate your use of the App and Service without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused Services, if applicable. Upon termination, for any reason, you cease having access to and use of the Service. You must promptly delete any copies of the App in your possession or control and discontinue your use of the Service. Termination does not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Cardstore.

If you access the Service using the App on an Apple platform, you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of the Terms. You agree that if the App or your possession and use of the App infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

12. YOUR COPYRIGHTS

Cardstore respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this App or our Services, please contact:

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AG's Designated Agent (identified below). THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS) WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted via our online form (at http://www.americangreetings.com/help/dmca.pd) or to the Designated Agent:

c/o Legal Department
AG Interactive, Inc.
One American Road
Cleveland, Ohio 44144

help@americangreetings.com

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), any copyright infringement notification must include all of the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the AG Platforms sufficient to allow us to locate the material;

  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;

  • 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; and

  • A statement by you made and signed 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 owner's behalf.

We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be repeat infringers.

Counter-Notice: If you believe that User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;

  • Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, AG may send a copy of the counter-notice to the original complaining party informing that person that AG may restore the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, the removed User Content may be restored in 10 to 14 business days or more after receipt of the counter-notice, at AG's sole discretion.

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