Terms of Use
eCardMountain.com
This end user license agreement (the "Terms of Use")
is a legal agreement between you, the "user ," and eCardMountain.com.
Use of the eCardMountain.com features and services,
as described herein, requires that you agree to these Terms of Use.
By using the eCardMountain.com website or services,
and/or by downloading content from eCardMountain.com
you do hereby agree to be legally bound by these Terms of Use.
eCardMountain.com may, at its discretion, add,
delete, or modify these Terms of Use without notice and it is the
responsibility of the user to check these Terms of Use before using
new products or services or downloading new content.
If you do not wish to be bound by the eCardMountain.com
Terms of Use you may elect to navigate off the eCardMountain.com
website prior to using or downloading Greeting Cards Services.
The Installer
eCardMountain.com is a website that provides users
with free, high quality media content including, but not limited
to, Greeting Cards, wallpapers and ringtones. The eCardMountain.com
Installer (the "Installer ") is the vehicle by which content,
including Greeting Cards and wallpapers, is downloaded from eCardMountain.com
to the user's computer; it is a necessary component to downloading
and correctly installing Greeting Cards content and will be installed
with content the user chooses to download.
The Installer's only purpose is to facilitate installation of eCardMountain.com
content that the user actively chooses to download; no advertising
is delivered or personal information collected through the Installer.
The Installer takes up very little hard drive space and can be
easily uninstalled by going to Control Panel > Add/Remove, then
highlighting the "Greeting Cards Installer" and clicking "Change/Remove."
By downloading any content from Greeting Cards you hereby agree to
having the Installer downloaded to your computer.
License, Non-Commercial Use
Greeting Cards grants to you a nonexclusive license to download this
copyrighted Installer software for your personal and non-commercial
use. Greeting Cards may, at any time, change, update, modify and/or
terminate any part of the Installer or your use of it.
You may not make or distribute copies of the Installer software,
or electronically transfer such from one computer to another or
over a network. Nor shall you copy, modify, display, license, distribute,
transmit, re-post, or download any part of the Installer for commercial
use without Greeting Cards' written consent.
Software Shortcut
If you choose to download content from eCardMountain.com
you hereby agree to having one software shortcut placed on your
desktop. Should you be interested in and use the shortcut and/or
software, Greeting Cards SHALL NOT BE LIABLE OR RESPONSIBLE FOR YOUR
VIEWING, CORRESPONDENCE, TRANSACTIONS, BUSINESS DEALINGS OR FOR
ANY PERSONAL INFORMATION YOU MAY CHOOSE TO SHARE WITH ASSOCIATED
THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PAYMENT AND DELIVERY
OF GOODS OR SERVICES, OR ANY OTHER TERMS, CONDITIONS, WARRANTIES
OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHICH ARE SOLELY
BETWEEN YOU AND ASSOCIATED THIRD PARTIES. YOU HEREBY UNDERSTAND
AND AGREE THAT Greeting Cards IS NOT RESPONSIBLE OR LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS,
OR AS THE RESULT OF THE DELIVERY OR DISPLAY OF THE SOFTWARE SHORTCUT.
Personal Information
Certain offers, products or services of Greeting Cards may require
the user to submit personal information before gaining access to
content or other products or services. Certain other products or
features may require user information in order to be functional.
By providing any such information to eCardMountain.com
and by continuing to use such Greeting Cards Services, after having
an opportunity to review these Terms of Use, you agree to accept
all uses of personal information as outlined herein.
You hereby authorize eCardMountain.com to collect,
store and use any and all personal information described by the
preceding paragraph in order to more effectively display promotional
material, information and advertising. Without limiting the foregoing,
you additionally authorize eCardMountain.com to
collect, store and use personal information in accordance with terms
of the eCardMountain.com Privacy Policy, available
here .
Except as otherwise provided for herein, we do not and will not
sell, rent, loan or share any personal information we collect with
any other third party unless otherwise expressly authorized or requested
by you.
In addition, you may choose to share personal information with
third parties that link or advertise at or through eCardMountain.com.
YOU ACKNOWLEDGE AND AGREE THAT eCardMountain.com
SHALL NOT, IN ANY WAY, BE LIABLE OR RESPONSIBLE FOR THE USE OF PERSONAL
INFORMATION SHARED BY YOU WITH ANY SUCH THIRD PARTY.
eCardMountain.com shall use its best efforts to
ensure the security of transfer and storage of any Personal Information
it collects.
Privacy
You acknowledge and agree that you have reviewed, understand, and
agree to be bound by all of the terms and provisions of the eCardMountain.com
Privacy Policy. Your use of the Greeting Cards Services is expressly
conditioned upon such acknowledgment and agreement. To view the
Greeting Cards Privacy Policy click here .
Intellectual Property
You acknowledge that Greeting Cards and/or third party affiliates
own all rights, title and interest in all materials provided through
the Greeting Cards Services and to all software portions thereof including,
without limitation, all Intellectual Property Rights. "Intellectual
Property Rights" means any and all rights existing from time
to time under patent law, copyright law, trade secret law, trademark
law, unfair competition law, and any and all other proprietary rights,
and any and all applications, renewals, extensions and restorations
thereof, now or hereafter in force and effect worldwide. You agree
not to modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from any portion of the Greeting Cards Services
or the Installer.
All of the materials provided through the Greeting Cards Services
are protected by the copyright laws of the U. S. and other countries.
You are only allowed to use these materials as indicated on the
eCardMountain.com website; other uses are prohibited
by copyright laws. You agree to not remove, obscure, or alter Greeting Cards'
or any third party's copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed in conjunction
with or through the Greeting Cards Services.
All of the materials provided through the Greeting Cards Services
may be viewed only in conjunction with the Greeting Cards Services.
You may not copy, reproduce, retransmit, distribute, publish, commercially
exploit or otherwise transfer any copyrighted material in any format,
electronic or otherwise.
Disclaimer of Warranties
1. YOU AGREE THAT THE USE OF Greeting Cards Services IS ENTIRELY
AT YOUR OWN RISK. THE Greeting Cards Services, INCLUDING THE Installer
AND THE eCardMountain.com WEBSITE, ARE PROVIDED
FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ALSO, TO THE FULLEST EXTENT PERMITTED BY LAW, Greeting Cards DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE Greeting Cards Services. TO THE FULLEST EXTENT PERMITTED BY
LAW, Greeting Cards DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON eCardMountain.com
OR THROUGH ANY LINKS PROVIDED BY THE Greeting Cards Services, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE Greeting Cards
Services OR THROUGH ANY LINKS PROVIDED VIA Greeting Cards Services.
NEITHER Greeting Cards NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES
ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES,
OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH eCardMountain.com
WEBSITE OR THE Greeting Cards Services.
2. Greeting Cards MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS
OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE Greeting Cards
Services.
3. Greeting Cards and other providers of licensed content
make no guarantee of the accuracy, correctness, or completeness
of any information provided through the Greeting Cards Services, including
any provided on the eCardMountain.com website, and
are not responsible for:
1. Any errors or omissions arising from the use of
such information;
2. Any failures, delays, or interruptions in the
delivery of any content or services contained within eCardMountain.com;
or
3. Losses or damages arising from the use of the
content or services provided by eCardMountain.com.
4. Greeting Cards is not responsible for the delivery
of any goods or services sold or advertised through eCardMountain.com
sponsors, advertisers, link partners, or affiliate program pages.
5. Greeting Cards is not responsible for any content
displayed on websites operated by eCardMountain.com
sponsors, advertisers, link partners, or affiliate program pages.
Limitation of Liability
YOU HEREBY AGREE THAT Greeting Cards AND THE PROVIDERS OF LICENSED
CONTENT ASSOCIATED WITH Greeting Cards ARE NOT LIABLE FOR YOUR CONDUCT
IN ASSOCIATION WITH Greeting Cards OR THE Greeting Cards Services.
UNDER NO CIRCUMSTANCES SHALL Greeting Cards BE LIABLE TO ANY USER
ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, Greeting Cards
OR THE Greeting Cards Services, INCLUDING THE Installer AND THE eCardMountain.com
WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY
OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE
AND EXEMPLARY DAMAGES (EVEN IF Greeting Cards HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE
ON, THE Greeting Cards Services, FROM INABILITY TO USE Greeting Cards
Services, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
Greeting Cards OR Greeting Cards Services (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON eCardMountain.com OR RECEIVED
THROUGH ANY LINKS PROVIDED ON eCardMountain.com,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED ON eCardMountain.com OR RECEIVED THROUGH
ANY LINKS PROVIDED ON eCardMountain.com. SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION
SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF
Greeting Cards Services OR ANY OTHER PRODUCTS, SERVICES, INFORMATION,
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO Greeting Cards Services. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity and Release
You agree to indemnify Greeting Cards and any providers of licensed
content against any and all claims and expenses, including attorneys'
fees, arising from your use of Greeting Cards Services. This includes,
without limitation your responsibility for any and all liability
arising from the violation or infringement of proprietary rights,
copyrights, trademarks, or service-marks.
By using Greeting Cards Services you hereby agree to release Greeting Cards
and its affiliates, officers, and employees from any and all claims,
demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known
or unknown, suspected or unsuspected, disclosed or undisclosed,
that you may have against them arising out of or in any way related
to such disputes and/or Greeting Cards products and services. You
hereby agree to waive all laws that may limit the efficacy of such
releases.
Choice of Law
This Agreement shall be constructed and controlled by the laws
of the State of New York, without regard to its conflict of law
provisions. Any dispute arising hereunder will be governed by the
laws of the State of New York. You agree to personal jurisdiction
by the state and federal courts of the State of New York.
Merger Clause
These Terms of Use constitute the entire agreement between the
parties with respect to the subject matter contained herein and
supersede any other agreement, proposals and communications, written
or oral, between you and Greeting Cards representatives with respect
to the subject matter hereof.
Enforceability
If, for any reason, a court of competent jurisdiction finds any
provision or portion of these Terms of Use to be unenforceable,
the remainder of these Terms of Use will continue in full force
and effect.
Waver
Any waiver of any provision of these Terms of Use will be effective
only if in writing and signed by Greeting Cards.
Questions or Comments
All questions concerning these Terms of Use shall be directed to
eCardMountain.com at the address below. Additionally,
if you have comments about eCardMountain.com or
other Greeting Cards Services, or if you have ideas on how to improve
them, please contact Customer Support.
eCardMountain.com
150 South Pine Island Rd., Suite 520
Plantation, FL 33324
questions@eCardMountain.com
Please note that by sharing your ideas, you also grant Greeting Cards
and third parties permission to use and/or incorporate your ideas
or comments without further compensation.
|
