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Terms and Conditions
This is a legal agreement between You (Customer) and WebbyCards LLC (Company). By browsing or using our website and services, You acknowledge that You have read, understood, and agree to be bound by these terms and conditions (the "Agreement"). If You do not agree to the terms and conditions of this Agreement, You should not proceed with the use of the website nor should You place an order.
Definitions
Intellectual Property
All material on this website is owned or licensed by Company and is protected by intellectual property laws. You may not copy, modify, reproduce, post, transmit or distribute in any way any material from this website including the underlying code and software, unless authorized by Company. Company reserves the right to pursue legal action for breach of its intellectual property rights.
License Grant
The Company hereby grants you a limited license to use, in accordance with this Agreement, such e-Cards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, e-Cards or Digital Products is permitted other than as described in this Agreement.
You agree by using this Site not to violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defense of any such claim.
Design/Development/Modifications
You understand that any changes or modifications to an eCard project beyond the customization preferences and add-on options You have selected for your e-Card order may affect the timeline for delivery and the final cost of the eCard if deemed outside of the original scope by Company. Customer is required to provide detailed instructions for any customization changes needed to the selected eCard and provide all assets to Company in a timely manner once the order is placed with Company. Assets include any photos, logo or other graphics, message, translated text, signatures and any other applicable items needed for the production of the eCard.
You understand that your Semi-Custom eCard project will not be started until Company has been paid in full or provided a copy of my approved Purchase Order to Company by email via our Contact Us form on our website, unless other arrangements are made in advance and agreed to in writing by You and Company. Customer is required to provide feedback and approvals in a timely manner to keep the project on schedule (i.e. within 1-3 Business Days.) Company will provide up to 2 rounds of changes/modifications to the eCard within scope. If additional changes/modifications are needed beyond the 2 rounds, additional fees are applicable. You understand that once You provide final approval of the eCard, the final links and/or eCard files will be delivered to the Customer and any additional changes after that point may require an additional fee.
Distribution Services
Company will use its best efforts to ensure all e-Cards are delivered by the requested target date free from any errors. A minimum of 24 hours prior to the distribution date, a draft e-Card email will be sent for approval to your assigned Project Administrator. Once final approval is received, your e-Card distribution list will be validated and "cleaned,” then imported, and delivery will be scheduled for the target delivery date and time.
Company does not provide a 100% guarantee Your e-Card email will not hit a spam folder or be rejected and bounced back by the recipient’s mail server. Our success rate is high, above 90%, that any emails we send will be received. However, some spam filters will flag an incoming email as potential spam or junkmail when the "from” email address is your domain name but the actual "sending server” is webbycards.com when there is no SPF or DKIM entry associated with your domain name that authorizes Company to send emails using your domain name.
If Company is providing the e-mail distribution for the Customer, the Customer must review the draft and confirm that all of the information and links are correct, then provide an email confirmation for the Target Delivery Date and time approved for the e-mails to be delivered. Customer understands that Company cannot guarantee that 100% of the e-mails will be delivered to the recipient’s inbox and prevented from going to the recipient’s SPAM folder. Companys has no control over the recipient’s SPAM filter settings but follows all recommended guidelines to ensure the e-mails are delivered properly and not improperly flagged as SPAM. Company recommends that the Customer make changes to their domain name DNS settings to allow Company to send the e-mails using the Customer’s designated e-mail address instead of our own domain to help increase the chances of the e-mails being delivered to the recipient’s inbox successfully. A Company representative will provide all Customers who choose to allow Company to distribute the e-mails with instructions to provide the Customer IT/webmaster; otherwise, the e-mails will be sent from an email such as sender@Company.com on the Customer’s behalf. Contact us with any questions. Customers may elect to distribute their own e-mails/e-Cards using whatever e-mail system they currently use. We recommend sending the e-mails through your own system if you have an e-mail Customer in place to allow you to easily distribute mass e-mails. We will provide Customers with a clickable image for their e-mail for those Customers who are handling the email distribution of the eCards.
eCard Player, Compatibility & Accessibility
The default player used to display our animated eCards utilizes a hosted HTML5 video player (the player currently used in our online catalog to display the eCards) which will automatically detect the environment in which the eCard video is being watched and will deliver the appropriate version for the viewer (HTML5 or Flash for older browser support). The animated eCards will play on every device (i.e. iPhone, iPad, Android, PC, Tablets) as long as the user is not viewing the eCard within a strict firewall environment which is blocking video content from displaying. YouTube and Vimeo can be blocked by offices, schools, etc., because the videos hosted on those platforms includes entertainment content. Our video hosting provider is focused on videos for business and marketing, and because of this, is rarely blacklisted. We have no control over the environment the user views the eCard on so we cannot guarantee that every recipient will be able to access the eCard at all times due to factors beyond our control, i.e. a restricted internet/firewall environment blocking video content, low internet connectivity, limited computer bandwidth inhibiting video content from playing or affecting performance. We can offer Customers an alternate file format or player format upon request (additional fee may be required, Contact Us for info or to discuss available options).
Limitation of Liability
Company takes no responsibility and assumes no liability for any content submitted and/or distributed by any user or third party. Under no circumstances shall Company, nor any of its respective directors, officers, employees or agents, be liable for any losses or damages whatsoever from the use of, or reliance on, the Site. Company excludes all liability (including for negligence) to any user or third party in respect to any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of use or loss of data) arising from or in connection with any, use of Site including any services provided by Company. In no event shall Company be liable or responsible for any damages or consequenses arising from or related to your use of this Site or its content or digital products and services.
Disclaimer of Warranty
Company provides this Site and its contents on an "as is” basis without warranty of any kind. Use of the Company eCards and our distribution services is at your own risk. Company makes no warranty that it's service will meet your requirements, or that its service will be uninterrupted, timely, secure, or error free. Some situations are beyond Company control and may not be covered by its satisfaction guarantee. To the extent permitted by law, Company disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose. Please note that Company cannot be held responsible for: Spelling, punctuation or grammatical errors made by the Customer or Company, inferior quality or low-resolution of uploaded images, errors in user-selected options such as choice of design, quantity or product type, and damage to the products arising after final delivery to the recipient.
Indemnity
You agree to indemnify and hold Company and affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages, including reasonable solicitors' fees, made by any third party due to or arising out of your (or any person using your account) use of the Service, breach of these Terms and Conditions or violation of any law or the rights of a third party.
Changes to this Agreement
The Company may modify this Agreement at any time by updating this page. By using the Site, You agree to be bound by any such revisions and You should periodically visit the Site to determine the terms to which You are bound. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to You, You should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by You of such changes.
Your Obligation to Pay
In order to purchase an eCard, you must pay in advance by credit card or e-Check unless you receive advance approval in writing for placement of an order via company purchase order, or other payment methods are approved in writing prior to purchase. Your placement of the order is your commitment to pay for the services provided by WebbyCards.
Your Password and E-mail Address
In order to access our website as a customer, you will be required to select a password to be used in conjunction with your e-mail address. You must not disclose this password to others or permit others to use your password so as to access the WebbyCards.com website. You are required to ensure that the e-mail address which you provide is correct and a valid e-mail address. If You change your e-mail address you must notify the WebbyCards.com or login to the website and update your customer account profile.
Termination and Right to Cancel Order
You may cancel your eCard order at any time by sending an email to WebbyCards.com via our Contact Us web form. Your money will be fully refunded less any direct cost incurred by our design and development team if WebbyCards.com receives your request prior to delivery or distribution of your ecard. If your request to cancel is received within 48 hours of order placement, you will receive a full refund of your payment.
Definitions
- "Site" refers to the website www.webbycards.com
- "Company" refers to WebbyCards LLC
- "e-Card" refers to the electronic greetings cards available on the Site.
- "Materials" refers to all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Site, including any animations or videos produced by Company.
- "You" refers to any person visiting or browsing the Site or placing an order for an eCard, including but not limited to Customers, Clients and "You" shall be construed accordingly.
Intellectual Property
All material on this website is owned or licensed by Company and is protected by intellectual property laws. You may not copy, modify, reproduce, post, transmit or distribute in any way any material from this website including the underlying code and software, unless authorized by Company. Company reserves the right to pursue legal action for breach of its intellectual property rights.
License Grant
The Company hereby grants you a limited license to use, in accordance with this Agreement, such e-Cards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, e-Cards or Digital Products is permitted other than as described in this Agreement.
You agree by using this Site not to violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defense of any such claim.
Design/Development/Modifications
You understand that any changes or modifications to an eCard project beyond the customization preferences and add-on options You have selected for your e-Card order may affect the timeline for delivery and the final cost of the eCard if deemed outside of the original scope by Company. Customer is required to provide detailed instructions for any customization changes needed to the selected eCard and provide all assets to Company in a timely manner once the order is placed with Company. Assets include any photos, logo or other graphics, message, translated text, signatures and any other applicable items needed for the production of the eCard.
You understand that your Semi-Custom eCard project will not be started until Company has been paid in full or provided a copy of my approved Purchase Order to Company by email via our Contact Us form on our website, unless other arrangements are made in advance and agreed to in writing by You and Company. Customer is required to provide feedback and approvals in a timely manner to keep the project on schedule (i.e. within 1-3 Business Days.) Company will provide up to 2 rounds of changes/modifications to the eCard within scope. If additional changes/modifications are needed beyond the 2 rounds, additional fees are applicable. You understand that once You provide final approval of the eCard, the final links and/or eCard files will be delivered to the Customer and any additional changes after that point may require an additional fee.
Distribution Services
Company will use its best efforts to ensure all e-Cards are delivered by the requested target date free from any errors. A minimum of 24 hours prior to the distribution date, a draft e-Card email will be sent for approval to your assigned Project Administrator. Once final approval is received, your e-Card distribution list will be validated and "cleaned,” then imported, and delivery will be scheduled for the target delivery date and time.
Company does not provide a 100% guarantee Your e-Card email will not hit a spam folder or be rejected and bounced back by the recipient’s mail server. Our success rate is high, above 90%, that any emails we send will be received. However, some spam filters will flag an incoming email as potential spam or junkmail when the "from” email address is your domain name but the actual "sending server” is webbycards.com when there is no SPF or DKIM entry associated with your domain name that authorizes Company to send emails using your domain name.
If Company is providing the e-mail distribution for the Customer, the Customer must review the draft and confirm that all of the information and links are correct, then provide an email confirmation for the Target Delivery Date and time approved for the e-mails to be delivered. Customer understands that Company cannot guarantee that 100% of the e-mails will be delivered to the recipient’s inbox and prevented from going to the recipient’s SPAM folder. Companys has no control over the recipient’s SPAM filter settings but follows all recommended guidelines to ensure the e-mails are delivered properly and not improperly flagged as SPAM. Company recommends that the Customer make changes to their domain name DNS settings to allow Company to send the e-mails using the Customer’s designated e-mail address instead of our own domain to help increase the chances of the e-mails being delivered to the recipient’s inbox successfully. A Company representative will provide all Customers who choose to allow Company to distribute the e-mails with instructions to provide the Customer IT/webmaster; otherwise, the e-mails will be sent from an email such as sender@Company.com on the Customer’s behalf. Contact us with any questions. Customers may elect to distribute their own e-mails/e-Cards using whatever e-mail system they currently use. We recommend sending the e-mails through your own system if you have an e-mail Customer in place to allow you to easily distribute mass e-mails. We will provide Customers with a clickable image for their e-mail for those Customers who are handling the email distribution of the eCards.
eCard Player, Compatibility & Accessibility
The default player used to display our animated eCards utilizes a hosted HTML5 video player (the player currently used in our online catalog to display the eCards) which will automatically detect the environment in which the eCard video is being watched and will deliver the appropriate version for the viewer (HTML5 or Flash for older browser support). The animated eCards will play on every device (i.e. iPhone, iPad, Android, PC, Tablets) as long as the user is not viewing the eCard within a strict firewall environment which is blocking video content from displaying. YouTube and Vimeo can be blocked by offices, schools, etc., because the videos hosted on those platforms includes entertainment content. Our video hosting provider is focused on videos for business and marketing, and because of this, is rarely blacklisted. We have no control over the environment the user views the eCard on so we cannot guarantee that every recipient will be able to access the eCard at all times due to factors beyond our control, i.e. a restricted internet/firewall environment blocking video content, low internet connectivity, limited computer bandwidth inhibiting video content from playing or affecting performance. We can offer Customers an alternate file format or player format upon request (additional fee may be required, Contact Us for info or to discuss available options).
Limitation of Liability
Company takes no responsibility and assumes no liability for any content submitted and/or distributed by any user or third party. Under no circumstances shall Company, nor any of its respective directors, officers, employees or agents, be liable for any losses or damages whatsoever from the use of, or reliance on, the Site. Company excludes all liability (including for negligence) to any user or third party in respect to any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of use or loss of data) arising from or in connection with any, use of Site including any services provided by Company. In no event shall Company be liable or responsible for any damages or consequenses arising from or related to your use of this Site or its content or digital products and services.
Disclaimer of Warranty
Company provides this Site and its contents on an "as is” basis without warranty of any kind. Use of the Company eCards and our distribution services is at your own risk. Company makes no warranty that it's service will meet your requirements, or that its service will be uninterrupted, timely, secure, or error free. Some situations are beyond Company control and may not be covered by its satisfaction guarantee. To the extent permitted by law, Company disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose. Please note that Company cannot be held responsible for: Spelling, punctuation or grammatical errors made by the Customer or Company, inferior quality or low-resolution of uploaded images, errors in user-selected options such as choice of design, quantity or product type, and damage to the products arising after final delivery to the recipient.
Indemnity
You agree to indemnify and hold Company and affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages, including reasonable solicitors' fees, made by any third party due to or arising out of your (or any person using your account) use of the Service, breach of these Terms and Conditions or violation of any law or the rights of a third party.
Changes to this Agreement
The Company may modify this Agreement at any time by updating this page. By using the Site, You agree to be bound by any such revisions and You should periodically visit the Site to determine the terms to which You are bound. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to You, You should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by You of such changes.
Your Obligation to Pay
In order to purchase an eCard, you must pay in advance by credit card or e-Check unless you receive advance approval in writing for placement of an order via company purchase order, or other payment methods are approved in writing prior to purchase. Your placement of the order is your commitment to pay for the services provided by WebbyCards.
Your Password and E-mail Address
In order to access our website as a customer, you will be required to select a password to be used in conjunction with your e-mail address. You must not disclose this password to others or permit others to use your password so as to access the WebbyCards.com website. You are required to ensure that the e-mail address which you provide is correct and a valid e-mail address. If You change your e-mail address you must notify the WebbyCards.com or login to the website and update your customer account profile.
Termination and Right to Cancel Order
You may cancel your eCard order at any time by sending an email to WebbyCards.com via our Contact Us web form. Your money will be fully refunded less any direct cost incurred by our design and development team if WebbyCards.com receives your request prior to delivery or distribution of your ecard. If your request to cancel is received within 48 hours of order placement, you will receive a full refund of your payment.