Unvelope Terms of Service Agreement
The following is a legal agreement between you and unvelope.com, also referred to as unvelope (collectively, company, we, us, our.) By accessing, browsing, subscribing and/or using this web site ("Site"), you will acknowledge that you have read, understand, and have agreed to be bound by these terms of service ("Terms") and that you will comply with all applicable laws and regulations. This agreement contains warranty disclaimers along with other provisions that limit company liability to you. Please read the Terms of Service agreement in its entirety. If you do not agree with these terms, please do not use our site.
1. 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 unvelope.com and/or is used under license by 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.
Unvelope.com logo and tagline are service/trademarks or registered service marks of unvelope.com, LLC. All rights reserved. Use of our trademark is strictly prohibited.
3. Acceptable Use
You agree that you will not, through use of our site, send harassing, abusive, or threatening messages; send obscene or pornographic messages or images; send defamatory or libelous messages; send viruses or other harmful, disruptive, or destructive files; violate, plagiarize, or infringe upon the rights of any third party and/or use this site for other unspecified conduct deemed by us to be prohibited.
Further, you agree to hereby 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 any claim arising out of any breach or alleged breach by you of this Agreement.
3.1 Unauthorized Use of Your Membership Account.
Your Membership Account is your responsibility. Any abusive, fraudulent or other activity deemed illegal will be grounds for termination of your Membership Account. You agree not to offer your account for the purpose of any 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 cancellation of your Membership Account. You will not be entitled to any refund of any portion of the membership fee(s) previously paid by you.
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 which you send such cards or messages. Whenever possible, and at our discretion, a prompt/notification will be displayed to inform the member/user that the ecard or message cannot be personalized or sent.
5. 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 not limited to the number of ecards sent, the number of messages, number of recipients and time period. 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 that the ecard or message cannot be personalized and sent. This determination will be based on, but not limited to the number of ecards sent, the number of messages, number of recipients and time period.
6. Links to other sites:
Our site may contain links to other (third party) web sites not controlled or operated by unvelope.com. 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.
7. Access to our site by other links
Access to our site may be provided by a link on another web site. Neither the company nor its affiliates give any warranties or representations nor shall it be held liable with respect to information or products provided by other sites or individuals.
Our service(s) 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.
9. Company does not endorse or represent
You agree that the company does not endorse or represent the accuracy or reliability of any opinion, statement, or other information distributed or displayed through the site by any third party entity or person. Any link from our site does not imply that unvelope.com endorses, or has reviewed the third party site or that unvelope.com endorses or has reviewed the third party site or entity. You acknowledge that any reliance upon any such link, opinion, statement or other information shall be at your sole risk. You agree to indemnify unvelope.com from any losses you may incur as the result of any information from or transaction or interaction with any third party entity or person.
On occasion unvelope.com may accept “suggestions/submissions” on its Web Site; however, it may not be able to respond to every suggestion/submission received. Your participation, while appreciated, is entirely voluntary. If you elect to send a suggestion/submission, design, format, or written text that you have personally authored, designed, created and have claimed rights to, and unvelope.com acts upon or uses your suggestion/submission, you are releasing all rights that may encompass or be attached to the authored idea/material. In addition, you hereby give unvelope.com permission to use your name as author of the suggestion/submission. Unless unvelope.com specifically solicits suggestions/submissions via contests or promotions, where a specific compensation is noted, you will not be financially compensated for your voluntary “suggestions/submissions" if it is used by unvelope.com.
11. Changes/Updates to Unvelope.com Terms of Service
The company reserves the right to update/modify/revise our Terms of Service at any time and from time to time by updating this posting without prior notice. We encourage you to review this agreement regularly. Your continued use of this Site post any modifications shall indicate your agreement with these terms. You should, therefore, periodically visit this Site to determine the then-current Terms to which you are bound.
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.
13. 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.
14. 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, and 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.
The Company from time to time may, in its sole discretion, modify the list of e-cards and other features of its Site that are available exclusively to members. The Company may also change, suspend or close the Site or any part or feature of the Site, or restrict the access to any part or the whole the Site without notice or liability.
17. 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.
18. 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 Sale and Usage
agreement and/or this Terms of Service 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.