Last Updated: 6/20/2013
This website www.cardstore.com ("Site") and the mobile Cardstore application (the "Application") are services of Cardstore. Cardstore provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing the Site or using the Application, you agree to the Terms. In addition, when using the services available through the Site, you are subject to any posted guidelines or rules applicable to those services. When you use the Application, you are also agreeing to the Application Terms All guidelines and rules applicable to those services are hereby incorporated into these Terms. These Terms apply only to this Site and the Application, and not to any other Cardstore website or the websites of any Cardstore affiliate.
Cardstore sells paper products including cards, postcards, invitations, and announcements online and various services relating to the printing, purchase, and mailing of such products (collectively, the "Service"). Unless specifically stated otherwise, any new features that augment or enhance the current Service are subject to these Terms.
Please note that Cardstore is not meant to be a photo storage service. As a result, we will not store photos for longer than 90 days, and we cannot guarantee the availability of photo storage, or of the quality or resolution of any photos we may have stored. Additionally, we may reduce the size or resolution of your photos in order to make them compatible with our processes.
3.1 Proprietary Rights.
The Site contains information, text, photographs, designs, graphics, images, sound and video recordings, 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. CARDSTORE.COM and Cardstore.com logos and product and service names are trademarks of Cardstore (the "Cardstore.com Marks"). You agree not to display or use the Cardstore.com Marks in any manner, without Cardstore's prior written permission.
3.2 No Framing.
You may not to frame or mirror any Content or third party content displayed on or accessible from this Site without prior written authorization of Cardstore.
3.3 Online Conduct.
Your use of the Site is subject to applicable local, state, federal, and international law. You may not to use the Site or any of the Content for any illegal purpose. You may not to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind. You may not interfere with, abuse or otherwise violate the legal rights of any third party using the Site or Application (including by using any merchandise or the Services offered on or in connection with the Site or Application). By way of example only, and not as a limitation, you specifically agree not to:
upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in Cardstore's sole opinion;
harm minors in any way through your use of the Site or Application, the Service, or the Content;
impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, e-mail, or otherwise transmit any 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);
use the Service to advertise Internet sites or services which are competitive to the Service;
upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
3.4 Use of Content.
Cardstore grants permission to access and view the Site or Application and Content for the sole purpose of submitting an order. Any other use of the Site or Application 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 Site or Application 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.
In order to submit an order, you must be at least 13 years 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, 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.
3.5 Social Distribution and Widgets.
Cardstore may allow you but only through express written permission to engage in certain personal uses of Content that include the ability to share Content with others ("Social Distribution"). For example, the Site or Application may allow you to send Content to friends, display Content on your personal web site or post Content on a third party web site. You also agree that you will not imply that you and Cardstore are affiliated in any way or that Cardstore approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Content.
Similarly, the Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (Widgets). Widgets are Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Content upon notice.
3.6 Information & Content You Submit.
The Site or Application may provide you the opportunity to post content publicly ("Community Forums"). You may choose, to post or disseminate content on a Community Forum or to Cardstore or the Site, such as photographs, videos, questions, comments, suggestions or other content (collectively, "User Content").
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 further agree that Cardstore is free to use any ideas or concepts contained in any User Contentfor any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Cardstore to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. 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.
The Site or Application may contain or offer sweepstakes 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. 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 sweepstakes or promotion.
The Site and Application 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 site; as such, Cardstore exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, non-infringement, or currency of any information, content, , or merchandise provided through or accessible via the site. In addition, Cardstore specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the site or on other sites that may appear as links on the site, or as the manufacturer of the products provided as a part of or otherwise in connection with the site, including without limitation any warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights. No oral advice or written information given by Cardstore nor any of its affiliates, employees, officers, directors, agents, or the like creates a warranty. Price and availability information is subject to change without notice.
Your use of the Site and Application and its contents is at your own risk. Neither Cardstore nor any of its affiliates or other parties involved in creating and delivering the site, or the service or any products provided as a part of, or otherwise in connection with, the Site or Application, 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 Site or Application, 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 Site or Application, 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 Site or Application. 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.
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 SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE, 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.
By accessing the Site or Application both you and Cardstore agree that the statutes and laws of the state of Ohio, without regard to the conflicts of laws principles, will apply to all matters relating to use of the site and its contents. Cardstore makes no representation that the Contents are appropriate or will be available for use in all locations or any specific location. If you use this Site or Application 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 Site or Application 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 Site or Application and its Contents, or any transactions done through the Site or Application.
This Site or Application 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 this Site or Application, you do this entirely at your own risk.
Functionality on the Site or in the Application may also permit interactions between the Site or Application and a third party web site or online feature, including applications that connect the Site or your profile on the Site with a third party site. For example, the Site or Application may include a button enabling you to indicate, on your social networking page, that you like a specific product on the Site, or a feature that lets you post to your social networking page a link to a specific Site product or the ability to share content from the Site or your User Content posted at the site with a third party, which may be publicly posted on that third partys web site. Using this functionality typically requires you to login to your account on the third party Site and you do so 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 SITE, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You agree not to violate or attempt to violate the security of the Site or Application, 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 Site or Application; (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 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 email@example.com . Cardstore is not liable for any loss or damage resulting from your failure to safeguard your password and account.
You must possess the legal right and ability to use the Site or Application. Without limiting the foregoing, you agree to be financially responsible for any orders placed through the Site or Application 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 Site and Application and the Content, including any rules regarding your access to or use of the Site or Application (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 VISITS, USE OF THE SERVICES, OR PURCHASE OF MERCHANDISE THROUGH THE SITE AFTER THE TERMS HAVE BEEN CHANGED CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
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 Service to you 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. 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.
Cardstore respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this site or our services, please contact:
ATTN: Copyright Protection
One American Rd
Cleveland OH, 44144
You must provide our agent with the following information, which Cardstore may then forward to the alleged infringer:
Describe the copyrighted work that you believe has been infringed;
Identify the material on Cardstore.com's site or other medium that you believe infringes your work, with enough detail so that we may locate it;
Provide your address, telephone number, and email address;
Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Declare under penalty of perjury that
the information you have provided to us is accurate, and
you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner;
Provide your physical or electronic signature.
This system or portions of it are covered by the following U.S. patents: #5,748,484, #5,751,590 and other related U.S. patents, corresponding foreign patents, and pending patents.