Welcome to True Christmas Cards! We hope you enjoy your
visit, that you enjoy our unique products, and that you find that using our
service to be fun and easy.
Before purchasing products from True Christmas Cards (herein
referred to as “we”, “us”, or “True Christmas Cards”), please read the
following Terms of Use (“Terms”) carefully. These Terms govern your access to
and use of the True Christmas Cards service (“Service”). If you (“you”) agree
to these Terms, and wish to use the Service, please log in and continue. This
will constitute a binding agreement between you and True Christmas Cards. Your
access to and use of the Service are expressly conditioned on your compliance
with these Terms. If you don not agree
to these terms, please exit our site and do not purchase and of our products. Note that any violation of these Terms may
result in termination of our Service to you.
True Christmas Cards reserves the right to change these
Terms from time to time. Please refer to this site periodically for any changes.
By continuing to access or use the Service after True Christmas Cards makes any
such changes, you agree to be bound by the revised Terms.
1)
Your submissions
You may submit certain material to True Christmas Cards,
including without limitation, photographic images, as part of your use of the
Service (“Submissions”).
Under these Terms, you agree that you will NOT post, place
or transmit any of the following material or obtain any such material using the
Service:
a)
Any threatening, defamatory, abusive, obscene, pornographic,
inappropriate or profane material or any other material that could give rise to
any civil or criminal liability under applicable law;
b)
Any material that could infringe rights of privacy,
publicity, copyrights or other intellectual property rights without the
permission of the owner of these rights and the persons (or their parents or
legal guardians, where applicable) who are shown in the material if applicable;
c)
Any material sent from an anonymous or false address;
d)
Any material that promotes bigotry, racism, hatred or harm
against any individual or group.
While True Christmas Cards is not responsible for, and does
not review or comment on the content of Submissions provided by True Christmas
Cards users, True Christmas Cards reserves the right in its discretion to (i)
delete, move or edit Submissions that it, in its sole discretion, deems
abusive, defamatory, obscene, inappropriate, or in violation of copyright or
trademark laws, or otherwise unacceptable, or (ii) take any other action that
True Christmas Cards deems necessary relating to use or misuse of the Service.
True Christmas Cards may request confirmation of the copyright or trademark
ownership from the submitter. If True Christmas Cards does not receive any such
confirmation or if there are continued claims of copyright or trademark
infringement relating to certain Submissions, True Christmas Cards reserves the
right to (i) suspend the shipping of an order relating to the Submission in
question, and/or (ii) share the submitter’s account information with
governmental organizations, law enforcement authorities or other third parties.
If you, as a submitter, dispute any copyright or trademark infringement claims,
we will share with you the contact information of any party claiming any such
infringement. In the event of any such dispute, True Christmas Cards reserves
the right to suspend the display, viewing or sharing of any Submissions until
the issue has been resolved. You hereby grant to True Christmas Cards a
non-exclusive, royalty-free license to use, publish, copy, modify, transmit,
display and distribute your Submissions for the sole purpose of delivering the
Service. In addition, you warrant that all moral rights in any Submissions and
uploaded materials have been waived and do hereby waiver any such moral rights.
We recommend you keep back-up copies of your Submissions on
your hard drive or other personal system. The True Christmas Cards service is
not intended as a guaranteed back-up solution.
Your physical or electronic sharing of your images
constitutes permission for reprinting by the recipient. True Christmas Cards
will not be liable for the content of any Submission and expressly disclaims
all liability relating thereto.
Copyright notice
True Christmas Cards is committed to protecting
photographers’ copyrights and expects users of the Service to do the same. Each
image submitter is required by
ATTN: Copyright Protection
True Christmas Cards, Inc.
Email: elizabethracine@gmail.com
2)
Age requirements
You must be at least 18 years of age to use our Service. If you, your parent or
guardian, have any concerns please feel free to contact us.
3)
About your account
3a. Access to your account
You can allow other people to view selected images in your account through True
Christmas Cards’ by giving them your log in information
Linking
directly to images on True Christmas Cards’ servers from external sites is
expressly prohibited.
We need to be able to access your account for the following
reasons:
·
We can remind you of your password in case you forget it; if
this becomes necessary, we send an email upon your request to the address from
which you opened your account;
·
To maintain our Service to you and develop new and useful
features and services;
·
To follow a court order, subpoena, complaint or a lawful
request from governmental authorities;
·
True Christmas Cards reserves the right to close accounts
set up for fraudulent purposes.
3b. Account fee
There is no fee to open a True Christmas Cards account.
4)
Web addresses (URLs)
As part of True Christmas Cards’ service, True Christmas Cards may provide
users with access to and use of pages on the True Christmas Cards site and the
corresponding online web addresses (URLs) that, in some cases, may be chosen by
the user. True Christmas Cards does not guarantee the availability of a
particular web address. True Christmas Cards also reserves the right, at any
time and for any reason, to reclaim, suspend, terminate and/or transfer any web
page or address provided by True Christmas Cards to a user as it deems
necessary in its sole discretion and, at True Christmas Cards’ option, to
provide users with an alternative web page and address.
5)
Canceling the service
If you violate any of these Terms, your permission to use the Service will
terminate automatically. True Christmas Cards reserves the right to cancel the
Service or to discontinue accounts that have been inactive. We may do so at our
discretion after sending an email warning to the address you used when you set
up your account and waiting for a reasonable period for your response.
6)
Third-party software
We may make third party software available to you from time to time. To access
such third party software, you must first agree to the third party software
provider’s terms and conditions governing use of such software which agreement
will be between you and the third party software provider. True Christmas Cards
is not a party to any such arrangement between you and a third party software
provider and disclaims any liability, and provides no warranties relating to
such software.
This means that we do not guarantee that any third party
software you access will be free of any contaminating or destructive code, such
as viruses, worms or Trojan horses. You acknowledge sole responsibility for and
assume all risk arising from your download and use of any such software.
7)
Third-party links
We may provide links to third-party sites that might be of interest to you,
however, we have no control over the content or availability of the contents of
these sites. You acknowledge and agree that True Christmas Cards is not
responsible or liable for the availability or accuracy of such sites or the
content, products or services on or available from such sites. Links to
third-party sites do not imply any endorsement by True Christmas Cards of such
sites or the content, products or services available from such sites. It is
your responsibility to become familiar with each site’s privacy and other
policies and terms of service, and to contact that site’s Webmaster or site
administrator with any concerns. You acknowledge sole responsibility for and
assume all risk arising from your use of any such sites.
8)
Copyrighted material and software
All of the information, content, and materials we offer are protected by
copyright and other applicable laws of both the
All right, title and interest in and to the True Christmas
Cards site and Service is and will remain the exclusive property of True
Christmas Cards and its licensors. The site and Service are protected by
copyright, trademark and other laws of both the
9)
Privacy policy
When you create an account with True Christmas Cards, you need to provide some
personal information, such as your name, email address, and mailing address.
As a visitor to our site, and by providing your e-mail address,
you give True Christmas Cards permission to contact you, via email, with
information on how to access this event to view and purchase cards, and on
specials and future promotions from True Christmas Cards and its partners.
10)
All materials, information, software and other products supplied by or through
the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14
(ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS
252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of
such by the Government constitutes acknowledgment of our or our suppliers’
proprietary rights in them. In the event that the Terms, or any part thereof,
are deemed inconsistent with the minimum rights identified in the Restricted
Right provisions, the minimum rights shall prevail.
11)
Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees,
agents, licensors, suppliers and any third-party information providers to the
Service harmless from and against all claims, liabilities, losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from (i) any
violation of these Terms, or any activity related to access to or use of your
account (including negligent or wrongful conduct) by you or any other person
accessing the Service using your account and/or (ii) a claim that a Submission
infringes third party intellectual property rights.
12)
Claims
Any action hereunder must be brought, if at all, within one (1) year from the
accrual of the cause of action. The parties agree that these Terms and any
claims hereunder shall be governed by and subject to the state and federal laws
of the state of California, without regard to its conflict of law provisions,
and hereby consent to jurisdiction and venue in the courts of the Northern
District of California located in San Francisco, California.
13)
Export
You are responsible for compliance with all local laws, and you are required to
comply with
14)
Disclaimer of warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH TRUE CHRISTMAS CARDS’S
SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUE
CHRISTMAS CARDS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRUE
CHRISTMAS CARDS MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. TRUE CHRISTMAS CARDS MAKES NO WARRANTY
REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY,
QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE,
GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH TRUE CHRISTMAS
CARDS’S SITE OR ADVERTISED THROUGH TRUE CHRISTMAS CARDS’S SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRUE CHRISTMAS CARDS OR
THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15)
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
TRUE CHRISTMAS CARDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF TRUE CHRISTMAS
CARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM
YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, TRUE CHRISTMAS CARDS’S
SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU
SPECIFICALLY ACKNOWLEDGE THAT TRUE CHRISTMAS CARDS IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER,
TRUE CHRISTMAS CARDS WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR
ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH
THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF TRUE CHRISTMAS CARDS TO
YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS
LIMITED TO $75. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TRUE CHRISTMAS CARDS
HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE
LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16)
Customer Policy for Idea Submission
Many of our customers have shown interest in submitting ideas for products and
services to be used at True Christmas Cards, either independent of, or in
conjunction with, our internally developed concepts. We appreciate our
customers’ interest in improving our service; however, please note our policy
on external idea submission:
a)
Unsolicited ideas submitted to True Christmas Cards, Inc. or
any of its employees automatically become the property of True Christmas Cards,
Inc.
b)
By submitting unsolicited ideas to True Christmas Cards,
Inc. you automatically forfeit your right to the intellectual property of these
ideas.
If you intend to own the intellectual property rights of
your ideas in any way (patent, trade secrets, copyright, trademark, etc.)
please do not submit your concepts or prototype samples to True Christmas
Cards, Inc. or its employees.
Instead:
Send a message to elizabethracine@gmail.com
and describe ONLY the general application.
If we think there is opportunity to pursue your idea
further, we will contact you. Please note that a legal agreement may be
required by True Christmas Cards in order to evaluate your concept(s).
17)
Intellectual Property
True Christmas Cards will have the right to investigate and prosecute any
violations of intellectual rights infringement and/or web site security issues,
to the fullest extent of the law. True Christmas Cards may involve and
cooperate with law enforcement authorities in prosecuting users who violate
these Terms. You acknowledge that True Christmas Cards has no obligation to
monitor your access to, or use of, the Service, but has the right to do so for
the purpose of operating the Service, to ensure your compliance with these
Terms or to comply with applicable law or the order or requirement of a court,
administrative agency or other government body.
18)
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through True Christmas Cards are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to our carrier.
If any part of this Agreement is held to be invalid or
unenforceable, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision most closely matching the intent
of the original provision and the remainder of the Terms will continue in
effect.
These Terms constitute the entire agreement between
you and us with respect to this Service, and supersede all other
communications, written or oral, with regard to the Service. The failure of
True Christmas Cards to enforce any right or provision of these Terms will not
be deemed a waiver of such right or provision.