iheartugreetings: Terms and Conditions


iheartugreetings.com Terms and Conditions Thank you for visiting our Website (hereafter referred to as the “Site”). By using our Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to the terms, you should exit the Site. When uploading your material to this Site, by clicking on any button that allows you to proceed, you agree to act within the Terms and Conditions described herein. The use of “us”, “we” or “our” refers to Pinking of You, Inc. and its subsidiaries and affiliates (collectively, “iheartugreetings.com”), the owner of the Site. The terms “you” or “your” refers to the user or viewer of our Site. Your Acceptance Pinking of You, Inc. and its subsidiaries and affiliates (collectively "iheartugreetings.com") provides service to you subject to the following Terms and Conditions, which may be updated by us at any time without notice to you. These Terms and Conditions constitute a binding agreement between iheartugreetings.com and you governing your use of the Site. By using and/or visiting our Site or any other Websites owned by Pinking of You, Inc. (collectively the "Site"), you are indicating your agreement to both the Terms and Conditions and the Privacy Policy, which is specifically incorporated into these Terms and Conditions. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO ABIDE BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF. Please read these Terms and Conditions carefully. If you do not agree to the terms, you should exit the Site. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL IHEARTUGREETINGS.COM, OR ANY PARENT, AFFILIATE, SUBSIDIARY, OWNER, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF IHEARTUGREETINGS.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, INACCURACIES OR OMISSIONS OF OR IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR LOSS OF TRANSMISSION TO OR FROM OUR SITE, AND/OR ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE THAT IHEARTUGREETINGS.COM SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE MATERIALS, SERVICES AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, IHEARTUGREETINGS.COM, AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT. IHEARTUGREETINGS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS OF OR IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR LOSS OF TRANSMISSION TO OR FROM THE SITE, ANY VIRUSES, TROJAN HORSES, OR OTHERWISE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR OTHERWISE MADE AVAILABLE VIA THE SITE. IHEARTUGREETINGS.COM MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SITE OR ITS MATERIALS, SERVICES, CONTENT OR OTHERWISE WILL MEET YOUR REQUIREMENTS, OR THAT THE QUALITY OF ANY MATERIALS, SERVICES OR PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. IHEARTUGREETINGS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE OR OTHER PROMOTION, AND IHEARTUGREETINGS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, MATERIALS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IHEARTUGREETINGS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Access to Website iheartugreetings.com hereby grants you permission to use the Site as set forth in these Terms and Conditions, provided that your use of the Site as permitted is solely for your personal, noncommercial use; you will not copy or distribute any part of the Site in any manner without iheartugreetings.com’s prior written consent; you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and you will otherwise comply with this Terms and Conditions agreement. In order to access some features of the Site, you will be required to submit your personal information. You must provide accurate and complete information. By registering with iheartugreetings.com, you represent that you are to form a binding contract and are not a person barred by any laws from using the iheartugreetings.com Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If iheartugreetings.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, you may be subject to suspension or barring of use of this Site. You also agree to immediately notify iheartugreetings.com of any unauthorized orders under your name or any other breach of security. iheartugreetings.com is not, will not be and cannot be liable for any loss or damage arising from your failure to comply with this section of the Terms and Conditions. These Terms and Conditions apply to all users of the Site, including users who contribute or submit information, ideas, and other materials or services on the Site. The Site may contain links to third party websites that are not owned or controlled by iheartugreetings.com. iheartugreetings.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you specifically release iheartugreetings.com from any and all liability arising from your use of any third-party website. Copyright Information The material available on the iheartugreetings.com Site is copyright © 2007, Pinking of You, Inc. All Rights Reserved and no portion of the Site may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of iheartugreetings.com. Trademarks All of the iheartugreetings.com trademarks are owned by iheartugreetings.com and may not be used for any purpose without the prior written permission of iheartugreetings.com. User Conduct In using this Site, you agree not to: upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, , ographic, , , inflammatory, libelous, plagiarized, tortious, ful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property; upload, download, post, email or otherwise transmit any Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances; breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, download, post, email or otherwise transmit any User information that provides any telephone numbers, street addresses, last names, URLs or email address, except in authorized or designated areas specifically required by iheartugreetings.com; solicit personal information from any other User; act in a way a reasonable person would consider abusive, threatening, harassing, harmful, , vulgar, profane, excessively violent, racially, ethnically or otherwise objectionable, discriminatory, or offensive in any way; constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or speech; upload, download, post, email or otherwise transmit any Content that would violate or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; promote software or services that deliver unsolicited or unauthorized e-mails, advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; upload, download, post, email or otherwise transmit any Content that contains viruses, Trojan horses, % C time , cancelbots or other similar harmful programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; use iheartugreetings.com content to engage in commercial activities; access, tamper with or use non-public areas of the Site or disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; perform any other activity that precludes any other user's enjoyment of the Site or affiliated or linked websites; or allow usage by others in such a way as to violate iheartugreetings.com’s Terms and Conditions. You agree that you are solely responsible for actions and communications undertaken or transmitted in this Site. iheartugreetings.com takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, ography or profanity you or a third party may encounter. iheartugreetings.com reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against iheartugreetings.com and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or related to communications or materials made available to the Site or posted on the Site by persons other than iheartugreetings.com or its affiliates. You hereby agree to indemnify iheartugreetings.com and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of these Terms and Conditions. You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. Proprietary Rights You acknowledge and agree that the content on the Site, except all Content Submitted by Users (as defined below), including without limitation, the text, data, graphics, photos, etc. created by and for iheartugreetings.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iheartugreetings.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the written consent of iheartugreetings.com or as expressly provided herein. iheartugreetings.com reserves all rights not expressly granted in and to the Site and the Content contained therein. You agree to not copy, publish or distribute any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content Submitted by Users (as defined below) of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to obstruct, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. Content Submitted by Users When uploading your material to this Site, by clicking on the “Continue” button, you agree to act within the Terms and Conditions described herein. As part of its standard product offering, iheartugreetings.com allows Users the option to upload user-owned photos, images, artwork or other materials. If you choose to use this option, you are subject to the Terms and Conditions outlined here. When you upload photos or images to the Site, you signify that you own the material being uploaded or have full rights to its use. You further indicate that the material being uploaded does not represent any illegal, or ographic images or images a reasonable person would consider vulgar, violent, discriminatory, or offensive in any way. You agree that any User-submitted material may be used by iheartugreetings.com in performing testing, training or archiving of our and our affiliates’ systems and hereby expressly reserve iheartugreetings.com’s right to do so. In uploading images, photos or other material to this Site, by clicking the “continue” button, you accept the greeting card as it appears on the screen. You also agree that iheartugreetings.com does not and will not take responsibility for misspellings, typographical errors, skewed or misaligned entries, or other errors composed by the User. Further, the User understands that if an incorrect mailing address provided by the User results in misdirected, undelivered or returned mail, iheartugreetings.com is not and will not be responsible for replacement, redelivery or refund of said item. iheartugreetings.com makes available to the User the opportunity to submit greeting card designs for print and sales from this Site. If you choose to participate, by selecting the “Agreed” button, and in consideration of iheartugreetings.com reviewing your submission (hereinafter the “Design”) for its potential use on a greeting card (hereinafter the “Item”), you agree to the Terms and Conditions described here and in more detail in the User Design Terms and Conditions delineated within the Share Your Talent section of the Site. If your Design is selected for use by iheartugreetings.com, you accept and agree to assign to Pinking of You, Inc., iheartugreetings.com and its subsidiaries and affiliates (hereinafter collectively “iheartugreetings.com”) the entire right, title and interest in and to the copyright in your Design, for its sole and exclusive use on and in connection with the greeting cards or other items (“Items”) offered by iheartugreetings.com or Pinking of You, Inc. in the future. You also agree to waive all “moral” rights that you may have in and to your Design. If your Design is chosen, iheartugreetings.com may use your Design in any manner for application within the Items, including but not limited to reproduction of the Design on the Items, revising or reworking the Design by changing size, shape or color, making new designs derived from its original submission of Design, selling the Items containing the Design, using the Design on iheartugreetings.com’s or its affiliates’ websites and promotional materials, and registering the Design with the US Copyright Office in the name of Pinking of You, Inc. as the Claimant, and you as the Author. You agree to provide iheartugreetings.com with information that may be required in order to register the copyright in the Design if iheartugreetings.com request so, at no cost to iheartugreetings.com or its affiliates. You declare that the Design you are submitting and possibly assigning to iheartugreetings.com is your own original work, that it has not been previously published, and that it does not contain any copyrighted material, trademarks, logos, or any other intellectual property belonging to any other party, or any material which iheartugreetings.com in its sole discretion, deems , profane or offensive. Breach of Copyright or Trademark iheartugreetings.com respects the intellectual property of others. We ask our users to do the same. iheartugreetings.com, in its discretion, can and will remove any Content Submitted by Users (as described above) that we believe may be an infringement of the copyright or trademark rights of others, and/or to ban users who we believe to be infringers from using this Site. If you have reason to believe that your copyrighted or trademarked material has been infringed, please send written notification to iheartugreetings.com’s Digital Millennium Copyright Act (DMCA) enforcement agent at the address below. Your communication must include the following requirements. Please consult legal counsel or see Section 512(c)(3) of the Copyright Act to confirm the following requirements. A physical or electronic signature of the owner or of a person authorized to act on behalf of the owner of the copyrighted/trademarked material allegedly infringed. Identification/description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Description of the location of the material that is claimed to be have been infringed. Providing URLs in the body of an email is the best way to help us locate content quickly. Your contact information including address, telephone number, and, if available, an email address. A statement by you, made under penalty of perjury, that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DMCA Complaints iheartugreetings.com 4432 Beach Dr SE Saint Petersburg, FL 33705 Phone: 877.213.4567 Email Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Links to Other Sites iheartugreetings.com may include on its Site links to third-party websites which may appear in the form of hyperlinks, text links, buttons, advertisements, or otherwise. The products and services offered through these websites are made available by independent companies, not affiliated in any way with iheartugreetings.com or Pinking of You, Inc. iheartugreetings.com makes no guarantees or representations of the quality, value, reliability, etc. of the products or services available or the financial solvency of any companies of these third-party websites. iheartugreetings.com is not, will not be and cannot be liable for any losses you may incur as a result of usage of or transactions with any third-party companies or advertisers. Users are urged to use discretion in selecting companies with which to do business online. In circumstances in which access to this Site is made available by a link from another website, iheartugreetings.com or Pinking of You, Inc. or any of its affiliates does not warranty or make representations to any information provided by these other websites. Further, iheartugreetings.com or Pinking of You, Inc. or any of its affiliates is not liable for any damages or injury resulting from the material, products, services, or otherwise, of these other websites. Websites providing links to this Site, their companies, representatives, or any relations, products or services associated with these third-party websites are not endorsed by iheartugreetings.com or its affiliates. Termination iheartugreetings.com may, under certain circumstances and at any time for any or no reason, without prior notice, immediately terminate access to the Site and any other iheartugreetings.com services, and may remove any Content Submitted by Users. Reasons for termination may include, but not be limited to: breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; discontinuance or material modification to the Site (or any part thereof); unexpected technical or security issues or problems; engagement by you in fraudulent or illegal activities; and/or issues with payment of any fees owed by you in connection with the Site or any other iheartugreetings.com product. iheartugreetings.com shall not be liable to you or any third party for any termination-related incident. Indemnity You agree to defend, indemnify and hold harmless iheartugreetings.com, and any parent, affiliate, subsidiary, owner, director, officer, employee, licensor, distributor, supplier, agent, reseller, or operator of iheartugreetings.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Site, your violation of any term of these Terms and Conditions, your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that one of your pieces of Content Submitted by User caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site. Ability to Accept Terms and Conditions iheartugreetings.com is under 13. If you are under 13 years of age, please do not use the iheartugreetings.com Site. You affirm that you are either more than , or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. Geographic Restrictions iheartugreetings.com only accepts orders that are shipped to locations within the United States of America and its territories, including United States military bases containing APO or FPO addresses. Accessing our products from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Reputation of iheartugreetings.com and Its Affiliates You agree to not use any product ordered from iheartugreetings.com in any way that would be damaging to iheartugreetings.com’s public reputation or that of its parent, affiliates, subsidiaries, owners, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, or operators. You further acknowledge that if you choose to present any product ordered from iheartugreetings.com in a public setting, including on the Internet, in a way which denigrates iheartugreetings.com or its parent, affiliates, subsidiaries, owners, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, or operators, iheartugreetings.com reserves the right to demand immediate return of the product and to pursue all recourses and remedies available under the law. Pricing Prices for products purchased from iheartugreetings.com are in US dollars and may change at the discretion of iheartugreetings.com at any time for any reason without prior notice to you. Shipping Title and risk of loss for all products ordered by you shall pass to you upon iheartugreet-ings.com’s release to the shipping carrier. Privacy Policy iheartugreetings.com respects your right to privacy. Users should refer to our Privacy Policy for information about how iheartugreetings.com collects and uses personal information. By accepting this Agreement you explicitly consent to iheartugreetings.com’s disclosure and use of your personal information (including using email to communicate with you) as described in our Privacy Policy. Assignment These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by iheartugreetings.com without restriction. General If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and iheartugreetings.com’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. iheartugreetings.com reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Site. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Site following any amendment of these Terms and Conditions will signify your concurrence to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Site must begin within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. ___________________________________________________________________________________________

iheartugreetings.com Terms and Conditions

Thank you for visiting our Website (hereafter referred to as the “Site”). By using our Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to the terms, you should exit the Site. When uploading your material to this Site, by clicking on any button that allows you to proceed, you agree to act within the Terms and Conditions described herein.

The use of “us”, “we” or “our” refers to Pinking of You, Inc. and its subsidiaries and affiliates (collectively, “iheartugreetings.com”), the owner of the Site. The terms “you” or “your” refers to the user or viewer of our Site.

Your Acceptance
Pinking of You, Inc. and its subsidiaries and affiliates (collectively "iheartugreetings.com") provides service to you subject to the following Terms and Conditions, which may be updated by us at any time without notice to you. These Terms and Conditions constitute a binding agreement between iheartugreetings.com and you governing your use of the Site. By using and/or visiting our Site or any other Websites owned by Pinking of You, Inc. (collectively the "Site"), you are indicating your agreement to both the Terms and Conditions and the Privacy Policy, which is specifically incorporated into these Terms and Conditions. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO ABIDE BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF. Please read these Terms and Conditions carefully. If you do not agree to the terms, you should exit the Site.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IHEARTUGREETINGS.COM, OR ANY PARENT, AFFILIATE, SUBSIDIARY, OWNER, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF IHEARTUGREETINGS.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, INACCURACIES OR OMISSIONS OF OR IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR LOSS OF TRANSMISSION TO OR FROM OUR SITE, AND/OR ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU EXPRESSLY ACKNOWLEDGE THAT IHEARTUGREETINGS.COM SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE MATERIALS, SERVICES AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE FULLEST EXTENT PERMITTED BY LAW, IHEARTUGREETINGS.COM, AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT.

IHEARTUGREETINGS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS OF OR IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR LOSS OF TRANSMISSION TO OR FROM THE SITE, ANY VIRUSES, TROJAN HORSES, OR OTHERWISE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR OTHERWISE MADE AVAILABLE VIA THE SITE.

IHEARTUGREETINGS.COM MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SITE OR ITS MATERIALS, SERVICES, CONTENT OR OTHERWISE WILL MEET YOUR REQUIREMENTS, OR THAT THE QUALITY OF ANY MATERIALS, SERVICES OR PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

IHEARTUGREETINGS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE OR OTHER PROMOTION, AND IHEARTUGREETINGS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, MATERIALS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IHEARTUGREETINGS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Access to Website
iheartugreetings.com hereby grants you permission to use the Site as set forth in these Terms and Conditions, provided that your use of the Site as permitted is solely for your personal, noncommercial use; you will not copy or distribute any part of the Site in any manner without iheartugreetings.com’s prior written consent; you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and you will otherwise comply with this Terms and Conditions agreement.

In order to access some features of the Site, you will be required to submit your personal information. You must provide accurate and complete information. By registering with iheartugreetings.com, you represent that you are to form a binding contract and are not a person barred by any laws from using the iheartugreetings.com Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If iheartugreetings.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, you may be subject to suspension or barring of use of this Site. You also agree to immediately notify iheartugreetings.com of any unauthorized orders under your name or any other breach of security. iheartugreetings.com is not, will not be and cannot be liable for any loss or damage arising from your failure to comply with this section of the Terms and Conditions.

These Terms and Conditions apply to all users of the Site, including users who contribute or submit information, ideas, and other materials or services on the Site. The Site may contain links to third party websites that are not owned or controlled by iheartugreetings.com. iheartugreetings.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you specifically release iheartugreetings.com from any and all liability arising from your use of any third-party website.

Copyright Information
The material available on the iheartugreetings.com Site is copyright © 2007, Pinking of You, Inc. All Rights Reserved and no portion of the Site may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of iheartugreetings.com.

Trademarks
All of the iheartugreetings.com trademarks are owned by iheartugreetings.com and may not be used for any purpose without the prior written permission of iheartugreetings.com.

User Conduct
In using this Site, you agree not to:

upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, , ographic, , , inflammatory, libelous, plagiarized, tortious, ful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property;
upload, download, post, email or otherwise transmit any Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any User information that provides any telephone numbers, street addresses, last names, URLs or email address, except in authorized or designated areas specifically required by iheartugreetings.com;
solicit personal information from any other User;
act in a way a reasonable person would consider abusive, threatening, harassing, harmful, , vulgar, profane, excessively violent, racially, ethnically or otherwise objectionable, discriminatory, or offensive in any way;
constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or speech;
upload, download, post, email or otherwise transmit any Content that would violate or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
promote software or services that deliver unsolicited or unauthorized e-mails, advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
upload, download, post, email or otherwise transmit any Content that contains viruses, Trojan horses, % C time , cancelbots or other similar harmful programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use iheartugreetings.com content to engage in commercial activities;
access, tamper with or use non-public areas of the Site or disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
perform any other activity that precludes any other user's enjoyment of the Site or affiliated or linked websites; or
allow usage by others in such a way as to violate iheartugreetings.com’s Terms and Conditions.

You agree that you are solely responsible for actions and communications undertaken or transmitted in this Site. iheartugreetings.com takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, ography or profanity you or a third party may encounter. iheartugreetings.com reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against iheartugreetings.com and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or related to communications or materials made available to the Site or posted on the Site by persons other than iheartugreetings.com or its affiliates. You hereby agree to indemnify iheartugreetings.com and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of these Terms and Conditions.

You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Proprietary Rights
You acknowledge and agree that the content on the Site, except all Content Submitted by Users (as defined below), including without limitation, the text, data, graphics, photos, etc. created by and for iheartugreetings.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iheartugreetings.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the written consent of iheartugreetings.com or as expressly provided herein. iheartugreetings.com reserves all rights not expressly granted in and to the Site and the Content contained therein.

You agree to not copy, publish or distribute any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content Submitted by Users (as defined below) of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to obstruct, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Content Submitted by Users
When uploading your material to this Site, by clicking on the “Continue” button, you agree to act within the Terms and Conditions described herein. As part of its standard product offering, iheartugreetings.com allows Users the option to upload user-owned photos, images, artwork or other materials. If you choose to use this option, you are subject to the Terms and Conditions outlined here.

When you upload photos or images to the Site, you signify that you own the material being uploaded or have full rights to its use. You further indicate that the material being uploaded does not represent any illegal, or ographic images or images a reasonable person would consider vulgar, violent, discriminatory, or offensive in any way.

You agree that any User-submitted material may be used by iheartugreetings.com in performing testing, training or archiving of our and our affiliates’ systems and hereby expressly reserve iheartugreetings.com’s right to do so.

In uploading images, photos or other material to this Site, by clicking the “continue” button, you accept the greeting card as it appears on the screen. You also agree that iheartugreetings.com does not and will not take responsibility for misspellings, typographical errors, skewed or misaligned entries, or other errors composed by the User. Further, the User understands that if an incorrect mailing address provided by the User results in misdirected, undelivered or returned mail, iheartugreetings.com is not and will not be responsible for replacement, redelivery or refund of said item.

iheartugreetings.com makes available to the User the opportunity to submit greeting card designs for print and sales from this Site. If you choose to participate, by selecting the “Agreed” button, and in consideration of iheartugreetings.com reviewing your submission (hereinafter the “Design”) for its potential use on a greeting card (hereinafter the “Item”), you agree to the Terms and Conditions described here and in more detail in the User Design Terms and Conditions delineated within the Share Your Talent section of the Site.

If your Design is selected for use by iheartugreetings.com, you accept and agree to assign to Pinking of You, Inc., iheartugreetings.com and its subsidiaries and affiliates (hereinafter collectively “iheartugreetings.com”) the entire right, title and interest in and to the copyright in your Design, for its sole and exclusive use on and in connection with the greeting cards or other items (“Items”) offered by iheartugreetings.com or Pinking of You, Inc. in the future. You also agree to waive all “moral” rights that you may have in and to your Design.

If your Design is chosen, iheartugreetings.com may use your Design in any manner for application within the Items, including but not limited to reproduction of the Design on the Items, revising or reworking the Design by changing size, shape or color, making new designs derived from its original submission of Design, selling the Items containing the Design, using the Design on iheartugreetings.com’s or its affiliates’ websites and promotional materials, and registering the Design with the US Copyright Office in the name of Pinking of You, Inc. as the Claimant, and you as the Author. You agree to provide iheartugreetings.com with information that may be required in order to register the copyright in the Design if iheartugreetings.com request so, at no cost to iheartugreetings.com or its affiliates.

You declare that the Design you are submitting and possibly assigning to iheartugreetings.com is your own original work, that it has not been previously published, and that it does not contain any copyrighted material, trademarks, logos, or any other intellectual property belonging to any other party, or any material which iheartugreetings.com in its sole discretion, deems , profane or offensive.

Breach of Copyright or Trademark
iheartugreetings.com respects the intellectual property of others. We ask our users to do the same. iheartugreetings.com, in its discretion, can and will remove any Content Submitted by Users (as described above) that we believe may be an infringement of the copyright or trademark rights of others, and/or to ban users who we believe to be infringers from using this Site.

If you have reason to believe that your copyrighted or trademarked material has been infringed, please send written notification to iheartugreetings.com’s Digital Millennium Copyright Act (DMCA) enforcement agent at the address below. Your communication must include the following requirements. Please consult legal counsel or see Section 512(c)(3) of the Copyright Act to confirm the following requirements.

A physical or electronic signature of the owner or of a person authorized to act on behalf of the owner of the copyrighted/trademarked material allegedly infringed.
Identification/description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Description of the location of the material that is claimed to be have been infringed. Providing URLs in the body of an email is the best way to help us locate content quickly.
Your contact information including address, telephone number, and, if available, an email address.
A statement by you, made under penalty of perjury, that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Complaints
iheartugreetings.com
4432 Beach Dr SE
Saint Petersburg, FL 33705
Phone: 877.213.4567
Email

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Links to Other Sites
iheartugreetings.com may include on its Site links to third-party websites which may appear in the form of hyperlinks, text links, buttons, advertisements, or otherwise. The products and services offered through these websites are made available by independent companies, not affiliated in any way with iheartugreetings.com or Pinking of You, Inc. iheartugreetings.com makes no guarantees or representations of the quality, value, reliability, etc. of the products or services available or the financial solvency of any companies of these third-party websites. iheartugreetings.com is not, will not be and cannot be liable for any losses you may incur as a result of usage of or transactions with any third-party companies or advertisers. Users are urged to use discretion in selecting companies with which to do business online.

In circumstances in which access to this Site is made available by a link from another website, iheartugreetings.com or Pinking of You, Inc. or any of its affiliates does not warranty or make representations to any information provided by these other websites. Further, iheartugreetings.com or Pinking of You, Inc. or any of its affiliates is not liable for any damages or injury resulting from the material, products, services, or otherwise, of these other websites. Websites providing links to this Site, their companies, representatives, or any relations, products or services associated with these third-party websites are not endorsed by iheartugreetings.com or its affiliates.

Termination
iheartugreetings.com may, under certain circumstances and at any time for any or no reason, without prior notice, immediately terminate access to the Site and any other iheartugreetings.com services, and may remove any Content Submitted by Users. Reasons for termination may include, but not be limited to: breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; discontinuance or material modification to the Site (or any part thereof); unexpected technical or security issues or problems; engagement by you in fraudulent or illegal activities; and/or issues with payment of any fees owed by you in connection with the Site or any other iheartugreetings.com product. iheartugreetings.com shall not be liable to you or any third party for any termination-related incident.

Indemnity
You agree to defend, indemnify and hold harmless iheartugreetings.com, and any parent, affiliate, subsidiary, owner, director, officer, employee, licensor, distributor, supplier, agent, reseller, or operator of iheartugreetings.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Site, your violation of any term of these Terms and Conditions, your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that one of your pieces of Content Submitted by User caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.

Ability to Accept Terms and Conditions
iheartugreetings.com is under 13. If you are under 13 years of age, please do not use the iheartugreetings.com Site.

You affirm that you are either more than , or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

Geographic Restrictions
iheartugreetings.com only accepts orders that are shipped to locations within the United States of America and its territories, including United States military bases containing APO or FPO addresses. Accessing our products from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Reputation of iheartugreetings.com and Its Affiliates
You agree to not use any product ordered from iheartugreetings.com in any way that would be damaging to iheartugreetings.com’s public reputation or that of its parent, affiliates, subsidiaries, owners, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, or operators. You further acknowledge that if you choose to present any product ordered from iheartugreetings.com in a public setting, including on the Internet, in a way which denigrates iheartugreetings.com or its parent, affiliates, subsidiaries, owners, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, or operators, iheartugreetings.com reserves the right to demand immediate return of the product and to pursue all recourses and remedies available under the law.

Pricing
Prices for products purchased from iheartugreetings.com are in US dollars and may change at the discretion of iheartugreetings.com at any time for any reason without prior notice to you.

Shipping
Title and risk of loss for all products ordered by you shall pass to you upon iheartugreet-ings.com’s release to the shipping carrier.

Privacy Policy
iheartugreetings.com respects your right to privacy. Users should refer to our Privacy Policy for information about how iheartugreetings.com collects and uses personal information. By accepting this Agreement you explicitly consent to iheartugreetings.com’s disclosure and use of your personal information (including using email to communicate with you) as described in our Privacy Policy.

Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by iheartugreetings.com without restriction.

General

If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and iheartugreetings.com’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. iheartugreetings.com reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Site. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Site following any amendment of these Terms and Conditions will signify your concurrence to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Site must begin within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

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