Thank you for choosing ECards.fm ("ECards.fm "). ECards.fm provides the ECards.fm Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the ECards.fm Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular ECards.fm owned or operated services, you and ECards.fm shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
eCards.fm is owned and operated by Green Downloads.
ECards.fm provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services and personalized content. ECards.fm is an advertiser supported site. ECards.fm Services may include advertisements and these advertisements are necessary for ECards.fm to provide the ECards.fm Services. Unless explicitly stated otherwise, any new features that augments or enhances the current ECards.fm Services, including the release of new ECards.fm properties, shall be subject to the TOS. You understand and agree that the ECards.fm Services is provided "AS-IS" and that ECards.fm assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the ECards.fm Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the ECards.fm Services.
You understand that the technical processing and transmission of the ECards.fm Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that ECards.fm has created certain areas on the ECards.fm that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of the ECards.fm Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the ECards.fm Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ECards.fm Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ECards.fm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ECards.fm has the right to suspend or terminate your account and refuse any and all current or future use of the ECards.fm Services (or any portion thereof). ECards.fm is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the ECards.fm Services must create a ECards.fm Family Account. When you create a ECards.fm Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the ECards.fm Family Account. By adding a child to your ECards.fm Family Account, you also give your child permission to access many areas of the ECards.fm Services, including, email, message boards and instant messaging (among others). Please remember that the ECards.fm Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the ECards.fm Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
When you register with ECards.fm, you acknowledge that in using the ECards.fm Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and other Internet activities), you will be causing communications to be sent through ECards.fm's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of ECards.fm 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of ECards.fm Services and transfer, posting and uploading of software, technology, and other technical data via ECards.fm Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the ECards.fm Services to export-prohibited parties or countries; (c) will not use the ECards.fm Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the ECards.fm Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
ECards.fm does not claim ownership of Content you submit or make available for inclusion on the ECards.fm Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the ECards.fm Services, you grant ECards.fm the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the ECards.fm Services are those areas of the ECards.fm network of properties that are intended by ECards.fm to be available to the general public. By way of example, publicly accessible areas of the ECards.fm Services would include ECards.fm Message Boards and portions of ECards.fm Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the ECards.fm Services would not include portions of ECards.fm Groups that are limited to members, ECards.fm services intended for private communication such as ECards.fm Mail or ECards.fm Messenger, or areas off of the ECards.fm network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by ECards.fm.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ECards.fm through its suggestion or feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ECards.fm is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ECards.fm shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ECards.fm may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ECards.fm without any obligation of ECards.fm to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ECards.fm under any circumstances.
You agree to indemnify and hold ECards.fm and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the ECards.fm Services, your use of the ECards.fm Services, your connection to the ECards.fm Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the ECards.fm Services (including Content, advertisements and Software).
You acknowledge that ECards.fm may establish general practices and limits concerning use of the ECards.fm Services, including without limitation the maximum disk space that will be allotted on ECards.fm's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the ECards.fm Services in a given period of time. You agree that ECards.fm has no responsibility or liability for the deletion or failure to store Content maintained or transmitted by the ECards.fm Services. You acknowledge that ECards.fm reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ECards.fm reserves the right to modify these general practices and limits from time to time.
ECards.fm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ECards.fm Services (or any part thereof) with or without notice. You agree that ECards.fm shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ECards.fm Services (or any part thereof).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ECards.fm Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ECards.fm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the ECards.fm Services.
The ECards.fm Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ECards.fm is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ECards.fm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the ECards.fm Services and any necessary software used in connection with the ECards.fm Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the ECards.fm Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by ECards.fm or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the ECards.fm Services, such Content or the Software, in whole or in part.
ECards.fm grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the ECards.fm Services. You agree not to access the ECards.fm Services by any means other than through the interface that is provided by ECards.fm for use in accessing the ECards.fm Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECARDS.FM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECARDS.FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ECARDS.FM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ECARDS.FM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ECARDS.FM SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the ECards.fm Services concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The ECards.fm Services is provided for informational purposes only, and no Content included in the ECards.fm Services is intended for trading or investing purposes. ECards.fm and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the ECards.fm Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
ECards.fm may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, postings on the ECards.fm Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the ECards.fm Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the ECards.fm Services in an authorized manner.
You agree that all of ECards.fm’s trademarks, trade names, service marks and other ECards.fm logos and brand features, and product and service names are trademarks and the property of ECards.fm (the " ECards.fm Marks"). Without ECards.fm's prior permission, you agree not to display or use in any manner the ECards.fm Marks.
ECards.fm respects the intellectual property of others, and we ask our users to do the same. ECards.fm may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ECards.fm's Copyright Agent the following information:
ECards.fm's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Entire Agreement. The TOS constitutes the entire agreement between you and ECards.fm and governs your use of the ECards.fm Services, superseding any prior version of this TOS between you and ECards.fm with respect to the ECards.fm Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ECards.fm services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and ECards.fm each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and ECards.fm, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and ECards.fm agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of ECards.fm to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ECards.fm account is non-transferable and any rights to your ECards.fm account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ECards.fm Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
By downloading the ECards.fm Toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) that may include one or more of the following features provided by third party vendors:
WIDGETS: You may have the ability to choose from various widgets to customize your homepage and Toolbar. Certain widgets are provided by third party vendors. Your use of such third party-provided widgets is governed by the separate terms of service associated with such widget. You may find such terms of service via a link within the widget itself, or on the website of the relevant widget provider.
PARTNER FEATURES, LINKS, RSS FEEDS: Certain versions of Toolbars may include features, links to, or RSS (or other) feeds from our third party partners. The partner features and sites linked to by these Toolbars and/or the partner content made available are governed by their own terms of service and privacy policies, which may be found on the relevant partner’s website.
Reminder: ECards.fm is not responsible for third party features or content. If you are installing a version of the Toolbar that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service.
Please report any violations of the Terms of Service to contactus@eCards.fm.
Last updated September 19, 2012