Earthtone Greetings- personalize, print and mail cards, Pittsburgh

Earthtone Greetings Terms and Conditions of Use

PLEASE READ THIS DOCUMENT CAREFULLY. THIS AGREEMENT (THE "AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS GOVERNING YOUR ACCESS TO, AND USE OF, THE EARTHTONEGREETINGS.COM WEBSITE (THE "WEBSITE"), AND ALL SERVICES ACCESSIBLE THROUGH THE WEBSITE (THE "SERVICES"), INCLUDING WITHOUT LIMITATION THE GREETING CARDS GENERATION AND/OR MAILED USING THE WEBSITE AND SERVICES (THE "CARDS"). ACCESS AND USE OF THE WEBSITE, SERVICES. AND CARDS IS ABSOLUTELY CONDITIONED UPON YOUR ACCEPTANCE AND ASSENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU CANNOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND YOU MUST NOT PROCEED WITH USE OF THE WEBSITE AND/OR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

IN ENTERING INTO THIS AGREEMENT AND/OR USING THE WEBSITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, AND SERVICES INCLUDING WITHOUT LIMITATION THE GREETING CARDS OUTPUT AND/OR SENT THROUGH THE WEBSITE SERVICES (THE "CARDS") MAY CONTAIN ERRORS OR INACCURACIES. YOU (THE "USER") EXPRESSLY ACKNOWLEDGE THAT USE OF THE WEBSITE, SERVICES, AND/OR CARDS, IS AT YOUR OWN RISK AND USER ACCEPTS THE WEBSITE, SERVICES AND CARDS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR FOR ANY SPECIFIC PURPOSE, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY, INDIVIDUALLY AND COLLECTIVELY, ARE FREE OF DEFECTS, ABLE TO OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, RELIABLE OR NON-INFRINGING. WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE THE PROPER AND CORRECT OPERATION OF THIS WEBSITE, THE SERVICES, AND THE CARDS, YOU AGREE (BY ACCESSING AND/OR USING THE WEBSITE) THAT YOU WILL NOT HOLD THE OPERATOR OF THE WEBSITE (THE "OPERATOR"), OR ANYONE OR ANY BUSINESS RELATED TO OPERATOR RESPONSIBLE FOR ANY PROBLEMS OR DAMAGES OCCURRING FROM THE USE OF THIS WEBSITE, THE SERVICES OR THE CARDS.

License Grant. Subject to, and conditioned strictly upon User's acceptance of these Terms and Conditions of Use without exception, Operator hereby grants to User a non-exclusive, non-transferable, fully revocable right and license to access and use the Website and Services, including without limitation the Site Content (as defined below) available through the Website. You may cache pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. However, no other copy or use of any portion of the Site is authorized or otherwise permissible except as specifically permitted hereunder, and such unauthorized copy or use shall constitute an act of copyright infringement and breach of these Terms and Conditions of Service. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, prose, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site, excluding User Content (as defined below). Operator retains all right, title and interest to the Website, the Services and Site Content and the principals, techniques and methods underlying the Website, Services and Site Content. Except as expressly set forth herein, User acquires no licenses or other rights to any intellectual property of Operator.
Intellectual Property and Restrictions. Except as expressly set forth below with respect to User Content, the Website, Services, Cards, and Site Content including all underlying intellectual property including without limitation methods, techniques, designs, images or textual content, are owned by the Operator and/or its licensors. Operator, or its licensor(s), holds and shall hold sole and exclusive ownership of all right, title, and interest in any patent, trademark, or copyright secured for the Website, Services, Cards, and/or Site Content subject to the rights of limited access and use expressly granted to the User in this Agreement. Any rights that are not expressly granted to User by this Agreement are reserved exclusively to Operator and shall not otherwise be implied as being granted to User. The Website, Services, Cards and Site Content are protected by copyright and other intellectual property laws and User agrees to use the Website, Services, Cards, and Site Content in compliance with the restrictions of those laws and this Agreement. All materials (including without limitation the Cards and any associated images, drawings, designs, and textual content) furnished to User by Operator shall remain the property of Operator. User may not reverse engineer the Website or Services or disassemble, decompile or otherwise attempt to derive the source code for the Website or Services. Users may not resell the Cards.
Code of Conduct. You agree that you shall not use the Website and Services, including without limitation sending Cards or uploading User Content that are, or in a manner that is:
1. unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or encourages behavior that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
2. harmful to minors in any way;
3. infringing on intellectual property rights in materials, including without limitation designs, textual content or images, that are copyrighted, protected by trade secret or otherwise subject to proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have express written permission from their rightful owner to use such materials and to grant Operator all of the license rights in such materials granted herein;
4. a breach of any law or contractual or fiduciary relationships (such as disclosing inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or a violation of any person's publicity, name or likeness rights;
5. behavior or action that constitutes "stalking" or other harassment of another; or
6. deep linking or inline linking of images or content on the Website.
User Content. You are solely responsible for any and all text, prose, images, video, multimedia, notes, message/billboard postings, ideas, suggestions, concepts or other material that you elect to upload, publish or display (hereinafter, "post") on or through the Service or the Website (collectively the "User Content"). You may not post, transmit, or share User Content on the Website or Service that you did not create or that you do not have right or authorization to post or use for all of the purposes contemplated herein.

You acknowledge that Operator may or may not pre-screen Site Content or User Content, but that Operator shall at all times have the right (but not the obligation) in its sole discretion to pre-screen, refuse, edit, move, delete or remove any Site Content or User Content submitted via the Site for any or no reason, including User Content that in the sole judgment of Operator violates these Terms and Conditions, or which might be offensive, illegal, or that may violate the rights, harm, or threaten the safety of users or others. Additionally, whether or not User Content is legal or otherwise permitted under these Terms and Conditions of Use, you agree that none of your User Content will contain information or content that: (A) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (B) contains false or misleading information; or (C) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user). You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or otherwise provide to Operator. Operator shall under no circumstance be responsible or liable for lost, deleted or modified User Content. Operator reserves the right to delay, cancel or recall any ordered shipment of Cards or expel you from or suspend your access to any or all parts of the Website for violating the law or these Terms and Conditions of Use. Operator takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
License to Posted Material; Indemnity. Without limiting the foregoing, by uploading or posting any material, including without limitation User Content to the Website, or e-mailing such to Operator, you automatically grant to Operator a world-wide, royalty-free, sublicenseable, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, publicly perform, display and otherwise exploit such User Content, including, but not limited to, all rights in copyright to such User Content and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you or any third parties, whether by way of compensation, attribution or otherwise. Such right and license shall include without limitation Operator's use of User Content or other User provided material on or in connection with the Website, to prepare derivative works of, or incorporate into other works, including without limitation to prepare and send (as instructed by User) physical greeting cards incorporating User Content. You may remove your User Content from the Website at any time, however you acknowledge that Operator may retain archived copies of your User Content. Operator does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content; provided Operator does reserve all right, title and interest in and to Site Content and the User Content displayed and used in association with the Site Content, as a compilation. Operator does not control the material you upload and thus cannot and does not guarantee the accuracy, integrity or quality of such User Content. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to User Content, and that there are no other agreements with any third party in conflict herewith; (b) you have obtained licenses and full and complete written consent and releases of all relevant rights (including without limitation name, publicity and likeness rights) from third parties including without limitation each and every identifiable person in the User Content; and (c) Operator's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to Operator’s (or its assignee’s) exercise of its rights hereunder. Moreover, you agree to indemnify and hold Operator, its officers, directors, employees, contractors, agents, and service providers (each an "Indemnified Party") harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against Indemnified Party, arising out of or relating to Operator’s exercise of such rights to User Content, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms and Conditions of Use. This defense and indemnification obligation shall survive this Agreement and your use of the Website.
Copyright Complaints. We, the Operator, respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Website or Service any materials that violate another party's intellectual property rights. When we receive a reasonably detailed, written notification of an alleged copyright infringement, in conformity with requirements applicable to "Take-Down Notices" under the Digital Millennium Copyright Act ("DMCA") with respect to User Content, we will promptly investigate such allegation and/or remove or disable access to the allegedly infringing material. We will also terminate the accounts of repeat infringers as described below. If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement, in compliance with all DMCA provisions regarding Take-Down Notices, to EarthTone Greetings’ Designated Agent, P.O. Box 462, Gibsonia, PA 15044. Operator may, at any time, request confirmation of copyright or trademark ownership from a User.
Cards. Operator shall use commercially reasonable efforts to reproduce and distribute Cards in accordance with User's instructions. Notwithstanding the above, Operator shall not, under any circumstance, be liable or responsible for inaccurate reproduction of Cards (including User Content), damage to Cards during the mailing process, or delays or other issues with mailing/delivery. All release and delivery dates for cards are approximate and not guaranteed by Operator under any circumstance. All mailings undertaken by Operator hereunder are subject to the rules and regulations of the United States Postal Service, or other relevant carrier or courier service.
Disclaimer of Warranties:

AS SET FORTH ABOVE, THE WEBSITE, SERVICES AND CARDS ARE EACH PROVIDED ON AN 'AS IS' BASIS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND/OR USE THE WEBSITE AND/OR SERVICES (INCLUDING WITHOUT LIMITATION THE GENERATION AND/OR MAILING OF CARDS) AT YOUR OWN DISCRETION AND RISK AND USER IS SOLELY RESPONSIBLE FOR ITS OWN USE OF THE WEBSITE, SERVICES AND CARDS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES SUSTAINED BY THIRD PARTIES OR TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OR USE OF THE WEBSITE OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

THESE DISCLAIMERS OF WARRANTIES CONSTITUTE AN ESSENTIAL PART OF THE THIS AGREEMENT. NO USE OF THE WEBSITE, SERVICES OR CARDS IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THESE DISCLAIMERS.
Limitation of Liability: Under no circumstances shall Operator or any party related to Operator be liable to any User or other user of the Website, Services or Cards on account of such User's or other person or entity’s use or misuse of the Website, Services or Cards. Operator, including its directors, officers and employees, shall not, under any circumstance, be liable to User for direct, indirect, incidental, consequential, special, exemplary, and punitive damages including without limitation damages arising out of or in connection with any errors or omissions by such Operator parties; the Website, Services, Cards and any malfunctions; from or are related to use or misuse of and reliance on the Website, Services or its Output, from inability to use the Website or Services, or from the interruption, suspension, or termination of the Website or Services, delays, loss of data, loss of profit, interruption of service, or loss of business or anticipatory profits, real or tangible property damage, personal injury or death (including such damages incurred by third parties). Such limitation shall apply whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Operator has been advised of the possibility of such damages) and notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. IN NO EVENT WILL OPERATOR'S CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES, CARDS, SITE CONTENT OR USER CONTENT EXCEED THE SUM OF $100.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
No Right To Continued Service. Operator reserves the right to discontinue, amend or supplement the Website or Services, or portion thereof, at any time and without prior notice. At any time without notice, Operator may add, delete or disable content, and/or add, delete, disable or modify some or all of the Website or Services, at its sole election, and you acknowledge: (1) that you may no longer be able to use the Website or Services (including without limitation Cards) to the same extent - or at all - as prior to such change or discontinuation, and (2) that Operator shall have no liability to you in such case. In no event will Operator be liable for the removal of or disabling of access to any content, materials or functionality of the Website. Operator may also impose limits on the use of or access to certain features or portions of the content or the Website, in any case and without notice or liability. Operator reserves absolute discretion to change pricing for use of the Website, Services and/or Cards.
No Third Party Beneficiaries. Neither User's use of the Website, Services or Cards nor this Agreement will create any right or cause of action for any third party, nor will Operator be responsible for any third party claims against User.
Miscellaneous. This Agreement constitutes the complete and exclusive agreement between Operator and User with respect to the Website, Services and/or Cards and supersedes all prior oral or written communications or agreements between the parties relating to thereto. No amendment to or modification of this Agreement shall be binding upon either party unless such amendment or modification is reduced to writing, dated and executed by the parties to this Agreement and it is identified by the parties to be an amendment to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its laws governing conflicts of laws. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any respect to this Agreement or the parties. The parties agree that the exclusive venue for all actions relating in any manner to this Agreement shall only be in a federal or state court of competent jurisdiction located in Allegheny County, Pennsylvania. Each party consents and submits to the personal jurisdiction of such courts and irrevocably waives any and all defenses inconsistent with this Section. The parties acknowledge that (i) any misuse or threatened misuse of the Website, Services or Cards or a party's Intellectual Property or (ii) any misuse or threatened misuse of the Confidential Information of either party will cause immediate irreparable harm to the non-breaching party for which there is no adequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to immediate and permanent injunctive relief from any court of competent jurisdiction in the event of any such breach or threatened breach. The parties hereby waive the defense that the non-breaching party has or will have an adequate remedy at law for any such breach or threatened breach. Nothing contained herein shall limit either party’s right to any remedies at law, including the recovery of damages from the other party for breach of this Agreement. User may not assign or otherwise transfer its rights or obligations, in full or in part, under this Agreement without Operator’s express written consent. Upon any such assignment, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of User. No failure or delay of any party to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by any related document or by law. No waiver of any breach of any provision of this Agreement shall be effective unless made in writing, identified in such writing by the parties as a waiver pursuant to this paragraph, and signed by the party alleged to have waived.
Order Cancellation and Refund Policy

YOU ARE ADVISED TO PRINT OUT A COPY OF THIS LEGAL AGREEMENT FOR YOUR OWN RECORDS.