Unvelope.com Terms of Sale and Usage Agreement
Welcome to the unvelope.com website. Please read this Terms of Sale and Usage Agreement carefully as it contains important information regarding your use and/or purchase of any of the memberships, goods, services, products or subscriptions offered on this Site. Please note that if you purchase memberships, goods, services, or products from this Site, you hereby agree to this Terms of Sale and Usage Agreement as well as our Terms of Service
Unvelope.com, also referred to as “unvelope” (collectively “company,” “us,” “we,” “our”) owns this site and has the right to change this agreement without notice to you. We ask that you please read this agreement and other noted Site policies and agreements prior to any purchase on this Site. At the bottom of the page you will always find the date of the current agreement.
1. Personal and Non-commercial Use
All memberships, goods, services, products or subscriptions you purchase on the Site are offered solely for your personal, non-commercial use. The delivery of same does not transfer any rights whatsoever to you. You cannot resell, reproduce, create new works, publish or transfer for sale (as stated in the terms of service
agreement,) in whole or part. We reserve the right to cancel your personal membership account for violating any of these rules.
. You will be responsible for keeping your personal information up-to-date. If you change your e-mail address you must notify the Company of such change as designated on the Site.
2.1 Acceptable Greetings, Salutations, Signatures
For security purposes and in accordance with this Terms of Sale and Usage Agreement, you will not be permitted to send an e-card using greetings, salutations or signatures such as “from a friend,” “anonymously,” and/or “secret admirer,” or like expressions. Your ability and such activity are expressly prohibited.
3. Unauthorized Use of Your Personal Account
Your Personal Account is your responsibility. Any abusive, fraudulent or other activity deemed illegal will be grounds for termination of your Personal Account. You agree not to offer your account for the purpose of use by another party, nor shall you post, publish, transmit, pass along your login or password to another party directly or indirectly. You agree not to use an account of another person. Failure to comply will be deemed a breach of this agreement that will result in immediate termination of your membership account.
If abuse is found, the company has the right to disclose account information to third parties as such information may be necessary to forward to the appropriate law enforcement agencies.
3.1 Notice of Unauthorized Use of Personal Account
You must notify unvelope.com of any known or suspected unauthorized use(s) of your Personal Account; suspected breach of security, including theft, loss of or unauthorized disclosure of your account login, password, and credit card information. Children Under 16 may only purchase from this site with the permission of a parent or legal guardian. Unvelope.com reserves the right to refuse service, cancel orders, and terminate the account(s) in its sole discretion.
4. Unvelope.com: Right To Terminate
Unvelope reserves the right to terminate your membership at any time for any breach or violation by you of the company Terms of Service
agreement and/or this Terms of Sale and Usage agreement. In the event of such termination, you will receive an email from the company stating that your membership has been terminated and you will not be entitled to any refund of any portion of the membership fee(s) previously paid by you.
5. Personal Membership
5.1 Personal Membership Payments
Membership terms are for one (1) or two (2) year term periods for which you will be charged an annual membership fee. Your membership must be paid for with an authorized credit card.
Unvelope.com will not automatically renew memberships; however, we will send you timely reminder notices prior to your membership expiration date. At that time, you can opt to renew for a one (1) or two (2) year term. Unvelope.com will send you a renewal confirmation via email. As a further reminder, membership expiration dates are noted on your Personal Membership Account Page.
Please note that for your protection unvelope.com does not store your credit card information. Therefore, when responding to renewal notices, you will be directed to your Membership Account page and you will need to input your current credit card information.
6. Gift Memberships
Unvelope.com offers a Gift Membership Program. On the Gift Membership
Page, fill out the required information that includes the gift recipient’s name and email address; select a membership term of one (1) or two (2) years and use an authorized credit card to pay for the Gift Membership term you have chosen. Recipients must be at least 16 years old. Recipients must abide by all terms and conditions set forth in this Terms of Sale and Usage Agreement, Terms of Service
of our Site. Once the gift enrollment information is completed, we will send a special Gift Membership Card to the recipient on a date that you have designated notifying them of your gift. Gift memberships are not automatically renewed.
7. Free Trial Site Usage
On occasion, unvelope.com will offer limited free trial Site usage. This will allow you to browse and preview all our ecards; however, free trial guests are only permitted to personalize and send, for same day delivery, ecards that are listed as "free" in our collections list. Free Trial guests will be asked to set up a Limited Free Trial User account consisting of your name, e-mail address and country of origin. For security purposes, you will need to create a login name and password as well. Your limited free trial period login name and password will be retained upon opting for a full paid membership.
8. Business Memberships and trial periods.
Our Site offers businesses an opportunity to send expertly written and designed e-cards that represent you and your business in a professional manner. Please take this opportunity to peruse our current selection of Business/Workplace
9. Copyright Information
All Materials are protected by copyright, and owned or controlled by the company or licensed from third parties and subject to change without notice. You acknowledge and agree that the material on the site is copyright protected by the company and/or is used under license by the company. You agree to abide by copyright restrictions that may be contained in any materials accessed through the Site. You cannot modify, publish, transmit, participate in the transfer or sale of, copy, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the materials in whole or in part found on our Site, except as otherwise provided for in this agreement. You shall agree that any copy of the materials that you make or have in your possession shall remain unaltered and shall retain all copyright and other proprietary notices contained in it. All information as well as software provided through the Site is and shall remain the sole and exclusive property of the company or the parties that may be credited in the copyright notices within the materials. You shall agree that the service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by unvelope.com, you agree not to copy, modify, distribute or create derivative works based on the service or the service content.
10. Acceptable Use Policy
Unvelope.com is utilizing an acceptable use policy in order to assure that its e-cards are used in an appropriate and lawful and manner. Although the company does not ordinarily monitor the content of members’ greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets.
The following conduct is strictly prohibited on this Site:
Sending abusive and/or threatening messages; sending harassing messages; sending obscene messages; sending defamatory or libelous messages; sending viruses or other harmful, disruptive, or destructive files; and attempting to conceal or misrepresent the identity of the sender. The aforementioned may not include other conduct deemed by us to be prohibited.
Violations of the Use Policy will not be tolerated. Unvelope.com reserves the right to disclose to law enforcement authorities violations of the appropriate use policy. Unvelope.com also reserves the right at its discretion, to terminate a membership due to any violation of the company’s acceptable use policy (policies). In the event of such termination, you will not be entitled to any refund(s) of membership payment(s).
You may not use this Site to send Spam. You may not use this site to send e-cards to mailing lists to which you do not have the rights to mail. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of our Materials is strictly prohibited. Personal memberships do not entitle members to use this Site to send bulk or commercial messages. We reserve the right to limit, at our sole discretion and without prior notice to you, the number of cards or messages that you may send using our site or the number of recipients to whom you send such cards or messages. Whenever possible, and at our discretion, a prompt will be displayed to notify the user that the ecard or message cannot be personalized or sent.
You are solely responsible for your actions and any communications you transmit using this site. Unvelope.com will not exercise editorial control over your transmissions; however, we reserve the right to review your transmissions in order to ensure compliance with our Terms.
12. Limitation Rights
We reserve the right to limit, at our sole discretion, the number of cards or messages that you may send using our site and/or the number of recipients to whom you send such ecards or messages, if, in our judgment, your personal membership exceeds an amount we have determined to be in excess of normal personal membership usage. This determination will be based on, but is not limited to, the number of ecards or messages sent and/or the number of recipients to whom you send such ecards or messages. If a paid member or free-trial user attempts to personalize an ecard and/or message after limits have been reached, a prompt/notification will be displayed to notify the member/user that the ecard or message cannot be personalized or sent.
13. Links to Other Sites:
Our site may contain links to other web sites not controlled or operated by unvelope.com (third party sites). Our policies and procedures do not apply to third party sites. Any link from our site does not imply that unvelope.com endorses, or has reviewed the third party site. We do not make any representation as to quality, fitness or appropriateness, nor do we indemnify you from any losses you may incur as a result of transactions with third party sites.
Our services are provided “as is” without any warranty of any kind. Services are neither expressed nor implied. The material on our site is subject to change without notice.
You hereby agree to indemnify, defend and hold harmless the company and its officers, directors, owners, agents, employees, providers of materials, licensors and licensees from and against any and all liability, claims and costs including, without limitation, reasonable attorneys' fees, incurred by any of them in connection with your inability to access or use our site. Further, you agree and accept that some ecards being sent from Unvelope.com may be undeliverable or cannot be viewed due to circumstances beyond our control. If at any point you are dissatisfied with the service of our website your sole and exclusive remedy is to discontinue use of our service and its related website.
16. Refund Policy
Unvelope does not offer refunds of any membership payment(s). A member’s recourse is to discontinue use of our service and its related website.
17. Right To Terminate
The company reserves the right to terminate your membership at any time for any breach or violation by you of the company Terms of Service
Agreement and this Terms of Sale and Usage Agreement. In the event of such termination, you will receive an email from the company stating that your membership has been terminated and you will not be entitled to any refund of the membership fee(s) previously paid by you.
18. Sale of Assets
In the event that unvelope.com or subsidiaries are acquired, merged, sold, reorganized, or otherwise transferred, unvelope.com reserves the right to transfer our databases along with any personally identifiable information contained therein, to a third party acquiring our assets. If this occurs we will post the notice of the sale on the homepage of our site along with links to information as to how you can change your privacy preferences.
19. Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of New York, New York. You and the Company submit to the exclusive jurisdiction of the Federal and State Courts in New York County, New York and the service of process by registered mail or overnight courier with proof of service.
20. Customer Support
If you have any questions regarding this Agreement, please contact firstname.lastname@example.org
Last modification: June 12, 2010