TalkingCards :: Legal :: Terms Of Sale

Legal » Terms Of Sale Agreement

TALKINGCARDS.COM TERMS OF SALE AGREEMENT

1. General Rules and Definitions
 
1.1 If you choose to purchase an Account and/or Sender Access Key for the TalkingCards.com Web service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Terms of Sale Agreement (the "Agreement") between you and TalkingCards.com, owned and operated by Dongo LLC. ("TalkingCards.com").  Additionally, you will be agreeing to the General Terms of Service and General Privacy Policy, copies of which are posted on the Service.

1.2 TalkingCards.com hereby grants you a limited license to copy and use the materials, features, and services provided on the Service (collectively the "Materials") solely for your personal, non-commercial use, subject to this Agreement. You may not sell any of the Materials. The design and layout of the Service are specifically excluded from the Materials. No other use of the Service or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
  
1.3 The products, technology, and/or processes described and/or used on the Service is the subject of intellectual property rights reserved by TalkingCards.com or other third parties. Except for the limited license granted above, nothing contained herein shall be construed or interpreted as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of TalkingCards.com or any third party.
 
1.4 TalkingCards.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail. Your continued use of the Service constitutes your acceptance of any such change to the terms of this Agreement.

1.5 TalkingCards.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. TalkingCards.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. TalkingCards.com reserves the right to impose additional fees for future versions of the Service at the sole and absolute discretion of TalkingCards.com.
 
2. Use of Service and Content 
 
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to photographs, graphics, images, illustrations, sound clips and flash animation, also known as the "Content") are protected by Federal and International Copyright Law, and owned or controlled by TalkingCards.com or its affiliates, or the party credited as the provider of the Content. You shall abide by any and all additional copyright restrictions contained in any and all Content accessed through the Service.

2.2 All of the Materials and Content available on the Service are protected by copyright pursuant to U.S. and International copyright laws. Federal Laws provide for the severe civil and criminal penalties for unauthorized utilization of these Materials and Content and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except for as otherwise expressly provided for in this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Materials or Content or the Service in whole or in part.
 
3. Access and Availability of Service and Links 
 
3.1 TalkingCards.com may feature links to third-party web sites on the Service, in its newsletters, or in its e-mail communications to you. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. The goods and services available through these links are offered by independent companies, which are not affiliated in any way with TalkingCards.com, or its affiliates. TalkingCards.com makes no representations as to the quality, fitness, workmanship, value, appropriateness, or reliability of the merchandise available or the solvency or financial viability of any advertiser.  TalkingCards.com will not reimburse or indemnify you for any losses you may incur as a result of transactions with any TalkingCards.com advertiser. Users are advised to use discretion in selecting companies to do business with online.

3.2 There may be circumstances where access to the Service is provided by a link to TalkingCards.com from another web site, or through embedded content located at another web site. Neither TalkingCards.com nor its affiliates or assignees makes any representations or give any warranties with respect to any information contained in or at these other sites and neither TalkingCards.com nor its affiliates or assignees shall be liable for any damages or injury arising from the content of these sites, or any  other sites not owned and operated by TalkingCards.com. Neither TalkingCards.com nor its affiliates or assignees endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide links to, or access to, the Service.
 
4. Representations and Warranties 
 
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account and/or access to the Service will (i) utilize, violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless TalkingCards.com and its affiliates or assignees, and all officers, directors, owners, agents and employees, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any and all claim(s) arising out of any breach by you or any user of your Account and/or Sender Access Key of this Agreement or the foregoing representations, warranties and covenants of this Agreement. You shall cooperate fully as reasonably required in defense of any such claim. TalkingCards.com reserves the right, to assume the exclusive defense and control of any matters subject to indemnification by you.

4.2 Neither TalkingCards.com nor its affiliates represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Service by any users, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.
 
5. Registration and Security 
 
5.1 In order to establish access to use the Service, you will be given an Account and/or Sender Access Key to be used in conjunction with your full name and e-mail address. You will be required to give us certain registration and payment information, all of which must be accurate and updated. You may not (a) use an Account and/or Sender Access Key of another person with the intent to impersonate that person; or (b) use an Account and/or Sender Access Key to which another person has rights to utilize. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account and/or Sender Access Key and any other remedies warranted by law. You shall be responsible for maintaining the confidentiality of your Account and/or Sender Access Key.

5.2 You shall notify TalkingCards.com of any and all known or suspected unauthorized use(s) of your Account and/or Sender Access Key, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username, password, Account, and/or Sender Access Key or credit card information.

5.3 You may not use the Service, and may not accept the Terms if (a) you are not of legal age to form a binding contract with TalkingCards.com ( Dongo LLC ), or (b) you are a person barred from receiving services provided by TalkingCards.com under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.

5.4 You are responsible for any and all usage or activity of your Account and/or Sender Access Key, including the use of the Account and/or Sender Access Key by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account and/or Sender Access Key, at the sole and absolute discretion of TalkingCards.com, and, if necessary, TalkingCards.com may refer you to appropriate law enforcement agencies.
 
6. Fees and Payments 
 
6.1 You shall be responsible to pay all fees and charges incurred through your access to the Service, including, but not limited to charges for any products or services offered for sale through the Service by TalkingCards.com / Dongo LLC, or by any vendor or service provider working with TalkingCards.com to help you complete the payment process. At its sole discretion, TalkingCards.com reserves the right, at any time, to offer the Service at a discount and/or to provide premiums and promotions as an incentive to others. All fees and charges shall be charged to the credit card provided as part of the registration and payment process and you agree to pay all such charges as well as any applicable taxes and fees relating to use of the Service through your access to the Service.

6.2 TalkingCards.com enforces a no refund policy. TalkingCards.com offers a free evaluation version of it's Service through TalkingCards.com that users may test and evaluate. Purchasing an Account and/or Sender Access Key removes certain restrictions imposed by the trial version through methods that are difficult to reverse. Therefore all sales are final. To ensure that this Service will meet your needs without the need to purchase, please visit TalkingCards.com and perform your own tests and evaluations of the Service before making the decision to pay for additional access to the Service.

7. Communications Between TalkingCards.com and Users 
 
7.1 If you indicate on a registration page that you want to receive such information, TalkingCards.com, its owners, assigns and affiliates will allow certain third party vendors to provide you with information their about products and services.

7.2 TalkingCards.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

7.3 TalkingCards.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or licensees on our website may collect and share information about you only if you indicate your acceptance.
 
8. Software Licenses 
 
8.1 All information and software provided through the Service is and shall remain the sole and exclusive property of TalkingCards.com, its assignees or its affiliates.  You shall not publish, broadcast, retransmit, or otherwise in any way reproduce the information or software in any medium, except that you may transmit personalized messages by electronic mail for personal and noncommercial purposes.

9 Termination 
 
9.1 Breach of any of the terms of this Agreement constitutes a termination of the Agreement. Any and all amounts due under this Agreement shall survive the Term of this Agreement. No refunds will be issued for early Termination.

10. Limitation of Liability 
 
10.1 THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST AND ALL INFRINGEMENT(S). TALKINGCARDS.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

10.2 NEITHER TALKINGCARDS.COM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF TALKINGCARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES). IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT TALKINGCARDS.COM AND ITS ASSIGNEES AND AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF THIS AGREEMENT.

10.3 NEITHER TALKINGCARDS.COM NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT RECORDED, TYPED, UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU HEREBY AGREE TO HOLD HARMLESS TALKINGCARDS.COM, ITS ASSIGNEES AND ITS AFFILIATES AND PARTIES WITH WHOM TALKINGCARDS.COM HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THIS SITE.
 
11. Interpretation of Law 
 
11.1 This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Florida.

CONTACTING THE WEB SITE:
If you have any questions about this Agreement, the practices of our company, or your dealings with our company, you can contact support ( http://www.talkingcards.com/support/ ).

or write to:

Dongo LLC
Attn: TalkingCards.com
P.O. Box 358436 Gainesville, Fl
32635-8436 USA

ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS:

TalkingCards.com General Privacy Policy Statement:
http://www.talkingcards.com/legal/privacy-policy.php

TalkingCards.com General Terms of Service Agreement:
http://www.talkingcards.com/legal/terms-of-service.php

TalkingCards.com Copyright Notice & Disclaimer:
http://www.talkingcards.com/legal/copyright-notice.php

TalkingCards.com Affiliate Agreement:
http://www.talkingcards.com/legal/affiliate-agreement.php