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AlphaCardsTM Terms and Conditions

 
(Released at 08.00 hrs GMT on 20 November 2008)
 
Introduction:
This agreement applies as between you, the user of this Web Site and us, AlphaCards Limited (Registered in England number 6707495) trading as AlphaCardsTM(“AlphaCards”), the owner of this Web Site. By accessing and using this Web Site, you agree to comply with and be bound by these Terms and Conditions, which regulate the relationship between you and us.  If you do not agree to be bound by these Terms and Conditions, you should stop using this Web Site immediately.
 
In this Agreement, certain terms are defined using the meaning set out in Clause 20.
1.              Conditions and Use of this Web Site
1.1      Payment of a subscription fee grants you a licence to use all Content on this Web Site for the duration of your subscription. You may use such Content for personal purposes only.
1.2      Commercial use of Content is not permitted under the terms of a normal subscription. Please contact AlphaCards for details of commercial level subscriptions and the accompanying Terms and Conditions.
1.3      You may only send ecards to recipients known to your own personal contacts who you have reason to believe will be willing recipients of the card.
1.4      Under such a licence, you agree that:
a)         you will not use the Content of this Web Site for commercial purposes unless given express written permission to do so by AlphaCards;
b)         you will not copy Content from this Web Site unless given express written permission to do so by AlphaCards.
1.5      When given using the Services of this Web Site and/or sending electronic greetings from this Web Site, you should do so in accordance with the following Acceptable Use Policy:
a)         you must not use obscene or vulgar language;
b)         you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
c)          you must not submit Content that is intended to promote or incite violence;
d)         the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws. You must not conceal or misrepresent your true identity;
e)          you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
f)          you must not impersonate other people, particularly employees and representatives of AlphaCards; and
g)          you must not use this Web Site or our e-cards for unauthorised mass-communication such as “spam” or “junk mail”;
Any breach of our Acceptable Use Policy will not be tolerated and will, in our absolute discretion, result in your Account being suspended or terminated without refund so that you will not be able to send e-cards from this Web Site, or be entitled to subscribe to this Web Site again.
1.6      You acknowledge that AlphaCards reserves the right to monitor any and all communications made to us or using this Web Site.
1.7      In order to subscribe to AlphaCards on this Web Site and to use the Services you are required to create an Account which will contain personal details. By continuing to use this Web Site you represent and warrant that:
a)         all information you submit is accurate and truthful; and
b)         you will keep this information accurate and up-to-date.
   Your creation of an Account is further affirmation of your representation and warranty.
1.8      Sharing of Accounts is not permitted unless expressly authorised in writing by AlphaCards. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
1.9      When choosing your username you are required to adhere to the terms set out above in this Clause 1. Any failure to do so could result in the suspension and/or deletion of your Account.
2.              Intellectual Property
2.1      Subject to the exceptions in Clause 2.2 below, all Content included on this Web Site, unless uploaded by you, is the property of AlphaCards. By continuing to use this Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2      Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties and you are only entitled to use it as provided in these Terms and Conditions. Any breach of these Terms and Conditions may entitle the other party (as well as AlphaCards) to bring proceedings or claims against you.
2.3      You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in these Terms and Conditions.
2.4      AlphaCards may allow you to add attachments to your own e-cards by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms and Conditions. When you upload photos or images to this Web Site you are indicating that you own the photo or image or have full rights to its use.   When you upload material to this Web Site and use it to create an e-card, your material will be used for the transmission of your e-card; however, we may also use such material in the course of performing testing, training or archiving of our systems and hereby expressly reserve the right to do so.
3.              Price and Payment
3.1      You must pay us the full subscription fee before we will activate your subscription. You will be billed once on subscription and you will not be billed again unless you choose to renew your subscription.
3.2      If having activated your subscription, there is subsequently a problem with the payment of your subscription fee, AlphaCards reserves the right to suspend or terminate your Account and you will not be able to use the Services until the problem is rectified and full payment is received.
3.3      Your first payment will be at the price advertised on this Web Site. AlphaCards reserves the right to change subscription fees from time to time and any such changes may affect the price of subsequent renewals. AlphaCards reserves the right to make any special offers to any customers as we alone deem appropriate. For further information on subscriptions and pricing, please visit our Registration page.
3.4      If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the subscription period you are currently in, up until the renewal date whereupon access will cease unless you choose to pay the subscription fee and renew your subscription.
4.              Termination
4.1      Either AlphaCards or you may terminate your account and (where relevant) your subscription. If AlphaCards terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
4.2      If AlphaCards terminates your account or subscription as a result of your breach of these Terms and Conditions or for any other reason you will not be entitled to any refund.
4.3      If AlphaCards terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.
4.4      If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 3.3.
5.              Information needed from you
You agree that by subscribing to AlphaCards you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services. Examples of the types of information we need from you and the way in which we hold that information is set out in our Privacy Policy.
6.              Disclaimers
6.1      AlphaCards makes no warranty or representation that this Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
6.2      Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of the Services.
6.3      No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
6.4      The information on this Web Site is not designed with commercial purposes in mind. AlphaCards makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
6.5      Whilst every effort has been made to ensure that all descriptions and services available from AlphaCards correspond to the actual services available, AlphaCards is not responsible for any variations from these descriptions.
6.6      AlphaCards cannot accept any responsibility or liability, if:
a)         for reasons outside of our control, the recipient of the e-card does not receive the notification email or is unable to access the e-card;
b)         the use or contents of an e-card in the jurisdiction of the recipient is restricted, unlawful or otherwise prohibited; or
c)          for reasons outside of our reasonable control, information stored in your Account gets into the public domain.
7.              Availability of this Web Site
7.1     The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2     AlphaCards accepts no liability for any disruption or non-availability of this Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3     All content on the Web Site is subject to change without notice.
8.              Security system
8.1      You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of this Web Site or its Content;
8.2      You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of this Web Site, or any software used on this Web Site, and that you will not permit any other person to do so.
8.3      You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
8.4      Examples of violations are:
a)         accessing data unlawfully or without consent;
b)         attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
c)          attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
d)         forging any TCP/IP packet header or any part of the header information in any e-mail posting;
e)          taking any action with the intent of obtaining services to which you are not entitled.

9.              Indemnity
You agree to indemnify us against any claim or demand, including reasonable legal fees and other costs, made by any third party due to or arising out of:
a)         any violation by you of system security as set out above;
b)         the use of this Web Site by you or any person using your computer to access this Web Site;
c)          any other breach or violation of these Terms and Conditions by you;
d)         the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of breach of our Acceptable Use Policy.
10.           Enforcement of Terms
In the event AlphaCards determines, in its sole discretion, that you have breached these Terms and Conditions, AlphaCards have the right immediately to suspend or terminate your account (with or without refund), refuse membership, or block the sending or receipt of e-cards from this Web Site, or pursue any other remedies available to it under applicable law.
11.           Limitations of liability
11.1     AlphaCards’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a user’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, AlphaCards accepts no liability. By accessing and using this Web Site, Users accept that they use the Web Site and its Content at their own risk.
11.2     Nothing in these terms and conditions excludes or restricts AlphaCards’s liability for fraud or for death or personal injury resulting from any negligence on the part of AlphaCards.
11.3     Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12.           Privacy Policy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on this link.
13.           Links to this and other Web Sites
13.1     Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.AlphaCards.net without prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission other than in the case of deep linking by search engines. To find out more please contact us by email at info@alphacards.net.
13.2     This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of AlphaCards. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not in itself imply any endorsement of the sites themselves or of those in control of them.
14.           Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.           Rights of third parties
Nothing in this agreement or on this Web Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
16.           No waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17.           Notices
All notices / communications shall be given to us either by post to our registered office or by email to notices@alphacards.net. Such notice will be deemed received 3 days after posting if sent by first class post, the day following the day of sending an email if the email is received in full before 5pm on a business day and on the second business day following sending if the email is received in full after 5pm on a business day or is received in full on a weekend or public holiday in England.
18.           Modifications and amendments
AlphaCards may change these Terms and Conditions from time to time. The terms that apply to you are those posted here on this Web Site and are subject to change without notice. It is your responsibility to revisit these Terms and Conditions for updates and amendments to which you are then bound.
19.           Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the latest provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20.           Definitions and Interpretation
In this Agreement the following terms shall have the following meanings: 
 
“Acceptable Use Policy”
means the acceptable use policy set out in Clause 1.4 of these Terms and Conditions;
“Account”
means collectively the personal information, payment information and credentials used by users when subscribing to and accessing Paid Content and / or this Web Site;
“Content”
means any text, graphics, icons, images, audio, video, underlying code and software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Paid Content”
means Content accessible only upon the creation of an Account and the payment of the relevant subscription fee;
“Service”
means collectively any online facilities, tools, services or information that AlphaCards makes available through this Web Site either now or in the future;
“Web Site”
means the web site you are now using (www.AlphaCards.net).
21.           Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
22.           Governing law

These Terms and Conditions and the relationship between you and AlphaCards shall be governed by and construed in accordance with the laws of England and Wales.  AlphaCards and you both agree to submit to the exclusive jurisdiction of the Courts of England and Wales. 

 

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