LAST UPDATED: July 24, 2018
YOUR USE OF OUR SITES AND APPS:
1.- You may access and use our Sites and Apps solely for your personal, non-commercial use. Except as expressly authorized hereunder, our Sites and Apps may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion.
2.- Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion of our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity
impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information
Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of “hacking” or defacing any portion our Sites and Apps
Violate any applicable laws or regulations
Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
Engage in spamming
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps, and
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps
Display adult nudity or inappropriate child nudity
Upload photographs of people who have not given permission for their photographs to be uploaded to a share site
Use the Share Sites for the sale of goods or services
Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence
3.- If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.
4.- Some features of our Sites and Apps may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Sites and Apps and/or the amount of storage space available for transmissions or for any feature made available through our website.
5.- The following guidelines govern the use of images which are restricted from appearing on Our Cards:
Content or images, whether appearing individually or in combination with other content or images, that may cause the Customized Deck of Cards to become a public forum, including but not limited to:
Content or images actively advocating or disparaging the religious, political, or legal agenda of any person or entity, including but not limited to content or images designed to influence a specific piece of legislation.
Partisan or political content or images, including but not limited to content or images supporting or opposing election.
Unlawful content or images including but not limited to:
Deceptive, defamatory, slanderous, libelous or obscene content or images.
Content or images infringing upon the intellectual property rights of any third party, including but not limited to Our Cards.
Content or images that violate any living or deceased person’s privacy or publicity rights.
Content or images depicting discrimination on the basis of race, gender, religion, nationality, disability, sexual or political orientation, or age.
Content or images depicting graphic violence.
Content or images depicting illegal activities, illegal substances, and paraphernalia designed for use in connection with illegal substances or activities, or convicted criminals.
Content or images depicting profanity, nudity, or sexually explicit functions or materials.
Content or images related to the sale of products designed for use in connection with sexual activity, or product, services or entertainment directed to sexual stimulation.
Our Cards, its employees, representatives or contractors reserve the right to review the content of each card to review and/or validate that each card complies with the aforementioned regulations.
YOUR MEMBER ACCOUNT:
6.- You may create a member account with any of our Sites and Apps by registering your name, providing certain information about yourself, and creating a password. You can also log in using your Facebook or Google credentials. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps.
7.- In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Sites and Apps.
9.- Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites and Apps. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
CANCELLATIONS AND REFUNDS:
10.- When you place an order with Our Cards, we will charge your credit card (or other source of payment) at that time, which is prior to shipping the product. As these cards are custom-made and printed to order, our refund policy is very limited and we can only refund money within limited circumstances. YOU MAY ONLY CANCEL YOUR OURCARDS ORDER WITHIN 1 DAY OF SUBMITTING YOUR ORDER. IF YOU CANCEL YOUR ORDER WITHIN THE ONE (1) DAY (24 HOURS OF ORDER SUBMISSION), YOU WILL RECEIVE A FULL REFUND. THEREAFTER, NO REFUNDS OR CREDITS WILL BE PROVIDED FOR CANCELLED ORDERS. THEREFORE, PRIOR TO SUBMITTING YOUR ORDER TO OUR CARDS, BE SURE YOU HAVE:
Reviewed the content and photographs included in your order.
Approved that the content and photographs are to your liking (by clicking on the approved button within the check out screen).
Ensured the quantity of decks ordered is correct.
To cancel an order, please email Customer Support at Cancel@OurCards.com, including your name, order number and reason why you would like to cancel your order. Please ensure you have received a confirmation email in response. Failure to include any of the necessary information will prevent Our Cards’ ability to prevent printing or cancel your order.
11.- Shipping Partial Orders: We reserve the right to ship partial orders (at no additional cost to you).
CONTESTS AND SWEEPSTAKES:
OUR CARDS SITE, APPLICATIONS AND SERVICES
13.- Before using any of our services, site or mobile applications (“App” or “Apps”), we will ask you to register for an account, install a valid copy of the App on your mobile device, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the services or App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing using our services or App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through our services or App, including the colors of those photographs; however, the actual color you see is dependent upon your desktop or mobile device, and we cannot guarantee that your device will accurately display such colors.
14.- From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be subject to certain restrictions as determined by us in our sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
15.- The desktop site or mobile Our Cards App is developed by, or for, us and are designed to enable your selected device to extract person data from your preferred source, design your deck and place orders. This software and your ability to upload data/photos may vary by device and medium, and functionalities may also differ between devices. By using the Our Cards services (desktop or Mobile App), you acknowledge and agree to receive, without further notice or prompting, updated versions of the Our Cards App and related third-party software. If you do not accept the foregoing terms, do not use the Our Cards services. We do not take responsibility or otherwise warrant the performance of these devices, including the continuing compatibility of the device with our Our Cards. Your sole and exclusive remedy for dissatisfaction with the Our Cards Product is to obtain a reprint or credit (to be determined at our discretion), and your sole and exclusive remedy for dissatisfaction with the Our Cards Services (desktop or Mobile App) is to stop using the service.
16.- The Our Cards Mobile App is licensed, and not sold, to you for your personal and non-commercial use only, and we retain ownership of all copies of the Our Cards App software applications even after installation on your device. We may assign these or any part of them without restrictions. You may not assign them or any part of them, nor transfer or sub-license your rights under this license, to any third party. We may terminate or restrict your use of the Our Cards Mobile App, without compensation or notice if you are, or if we suspect that you are in violation of any of these Terms or engaged in illegal or improper use of the Our Cards App.
17. Our Cards reserves the right to terminate, suspend or restrict your membership in our Service, with or without notice, for any or no reason whatsoever. Without limiting the foregoing, Our Cards may terminate your membership in the Service if you violate the Terms or any applicable law, terms and conditions of any services offered by us, or if your use of our services is determined, in our discretion, to involve fraud or misuse. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights.
18.- In the event of cancellation, expiration, downgrade or termination of your membership, you may be unable to access your Content and you may no longer be allowed to upload additional Content. You may also lose access to certain features or functionality only available to current Service users.
19.- IN THE EVENT OF CANCELLATION, EXPIRATION, DOWNGRADE, OR TERMINATION OF YOUR MEMBERSHIP IN OUR CARDS, WE MAY ALSO DELETE SOME OR ALL OF YOUR CONTENT. IT IS YOUR RESPONSIBILITY TO COMPLETE YOUR OUR CARDS ORDERS PRIOR TO ANY SUCH CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION.
WEB ADDRESSES (URLS):
20.- As part of our services, such as Our Cards Share Sites, we may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs) you choose. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
CUSTOM DESIGN SERVICES:
21.- By using the Our Cards design software, you agree you are solely responsible (pursuant to Section 1 of these Terms) for the materials you submit to us for the Custom Designed cards and products. You grant us a fully paid, worldwide, non-exclusive right and license to use your owned or licensed copyrights, logos, insignia, trademarks and other artistic designs contained in the specific materials submitted to us for the purpose of providing the Our Cards custom designed cards and products. You continue to own and retain all rights, title and interest in and to your trademarks, copyrights and other intellectual property contained in the Custom Designed products. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed cards and products. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed cards or products. As the Our Cards product line evolves, you may request the Custom Design be applied to any of our current or new product offerings. For other products, we may provide you with an electronic version of the Custom Design for your personal use, subject to our sole discretion and an additional fee will apply. If you would like to make changes to your Custom Designed cards or products or Custom Designed Product, our website is set up to support that.
THIRD-PARTY SITES, SOFTWARE AND SERVICES:
23.- As a convenience to clients, Our Cards makes third-party data available through the Service, by means of API (application programming interfaces) and Gedcom files. To use such services, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such connections will be solely between you and the third party provider. Our Cards makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such APIs or files.
24.- Other sites may provide links to our Sites and Apps with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Sites and Apps, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
25.- YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
26.- We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.
SOCIAL MEDIA AND OTHER SERVICES:
27.- While using our services, you have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Twitter, Google and others (each a Social Media Service or “SMS”). Provided an SMS permits this, we can capture and make available on the Our Cards Site and Mobile Apps the photos and other content that you have stored in your account(s) with such SMSs (“SMS Content”). By granting us access to your SMS Content, you understand that we will access, make available and store (if applicable) your SMS Content so that it is available on the Our Cards Site and through our Apps. We are not responsible for any SMS Content stored on an SMS that you choose to make available on the Site and through our Apps. Depending on the SMS you choose and subject to the privacy settings you have set in your SMS account(s), personally identifiable information that you post to your SMS account(s) will be available on the Site and through our Apps. Please note that if an SMS account becomes unavailable or SMS terminates our access to your SMS account(s), any Content from that SMS may no longer be available on the Site and through our Apps. You have the ability to disable the connection between the Site and Apps and your SMS account(s), at any time, by accessing the “Assign People” section of the Our Cards Site and Apps. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SMS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SMS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SMS.
MATERIALS SUBMITTED BY CUSTOMER:
28.- Any materials submitted by you, including, without limitation, photographs, images, text, digital documents, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share an Our Cards designed product with your friends and family, we may accommodate your request by making your Our Cards deck or products available to your friends and family to purchase including the User Submitted Materials.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
You agree that you are authorized to extract and use data from third party sources (including but not limited to Ancestry.com, MyHeritage.com, FamilySearch.org, Geni.com, Facebook, etc.) in the creation of your Our Cards orders. You agree that extraction of such data in any form (via API, gedcom file, manual or otherwise) is performed in accordance with the source’s guidelines for data security and re-use. Whereas these extractions include data and images of others (living and/or deceased), YOU AGREE YOU HAVE THE APPROPRIATE AUTHORIZATION TO USE AND INCLUDE SUCH DATA AND IMAGES IN YOUR OUR CARDS ORDER.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). IF YOU DO SUBMIT A SUBMISSION THAT CONTAINS THE LIKENESS OF AN IDENTIFIABLE INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18), WE STRONGLY ENCOURAGE YOU NOT TO INCLUDE ANY IDENTIFYING INFORMATION (SUCH AS THE INDIVIDUAL’S NAME OR ADDRESS) WITH SUCH USER SUBMITTED MATERIALS.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
User Submitted Materials that violate these Terms may be removed from our Sites and Apps; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
Sharing a Deck: Users may choose to share an electronic version of a deck (or decks) with other OurCards clients. Sharing is supported only after the recipient has created a valid OurCards user account. Once a client shares an electronic version of the deck with another client, authorization to that electronic deck is IRREVOCABLY provided to that recipient - the originator is not able to delete or revoke that electronic copy once provided. Furthermore, the originator of the deck agrees he/she is authorized to share the contents of that deck with others. If the originator of the shared deck is not authorized to share its contents, HE/SHE SHOULD NOT SHARE THAT DECK WITH OTHER OURCARDS CLIENTS.
29.- While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has 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, and
(f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
DMCA notices and counter-notices regarding our Sites and Apps should be sent to:
Our Cards, LLC
Attention: Data Policy Officer
PO Box 766
Dracut, MA 01826
31.- We may permit you to share your User Submitted Materials with other OurCards users, including, without limitation, to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, “Forums”). Some Forum participants may use anonymous screen names and may have no other connection with Our Cards. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, or provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Sites and Apps or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of us or any of our family of brands. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third party users be liable for any loss or damage caused by your reliance on such information obtained through our Forums. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our Sites and Apps.
DISCLAIMER OF WARRANTIES:
32.- EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
LIMITATION OF LIABILITY:
33.- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “OURCARDS PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE OURCARDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR 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 ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OUR CARDS PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE OUR CARDS PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND (PROVIDED IT WAS SUBMITTED WITHIN THE SPECIFIED PERIOD AS HIGHLIGHTED IN THE CANCELLATION AND REFUNDS SECTION OF THESE TERMS), AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE OURCARDS PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ACCOUNT AGING AND NON-USE OF SERVICES:
34.- Client accounts on OurCards exist for the purpose of designing cards (or other OurCards products), processing and submitting orders. OurCards will occasionally look for accounts that have been created, but in which there has been no “recent activity”. Recent activity is considered the use of the card design steps (uploading photographs, extracting family tree data, designing cards, placing orders, etc.). If Our Cards determines that an account has not had recent activity, Our Cards may choose to delete that account, including (but not limited to) the client’s submitted materials, the draft card and deck designs or previously submitted or purchased decks. OurCards may attempt to communicate such Non-Use account deletions prior to doing so (but is not required to do so) and will use the client’s email address provided to do so. We strongly encourage clients to provide a current email address to support this and other communications. Our Cards will use its discretion to notify and communicate impending account deletions due to non-use, however, they retain the right to do so without prior notification.
POLICY FOR IDEA SUBMISSION:
35.- Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Sites and Apps, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our Sites and Apps; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
36.- You can inquire regarding such approval by sending a letter to OurCards, LLC, Attn: Idea Submission, PO Box 766, Dracut, MA 01826 (or Support@OurCards.com). If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion.
INTELLECTUAL PROPERTY NOTICES:
37.- All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. The name, Our Cards, its website url - www.ourcards.com - and its products are the solely owned by Our Cards, LLC. Any use of these marks by other entities is not permitted without the express, written permission of the Our Cards, LLC founder. The trade names, trademarks, logos and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, logos or service marks without our express prior written consent.
38.- Our Sites and Apps are controlled and operated from the United States. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Our Cards do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
39.- These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the Middlesex County of Massachusetts, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: Support@OurCards.com
40.- Either you or we may terminate your access to our Sites and Apps and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, Our Cards may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
42.- If you elect to seek arbitration or file a small claim court action, you must first send to Our Cards, by certified mail, a written Notice of your claim (“Notice”). The Notice to Our Cards must be addressed to:
Our Cards, LLC
PO Box 766
Dracut, MA 01826 ("Notice Address")
If OurCards initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by Our Cards, must:
(a) describe the nature and basis of the claim or dispute, and
(b) set forth the specific relief sought (“Demand”).
If OurCards and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or OurCards may commence an arbitration proceeding or file a claim in small claims court.
43.- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, you are responsible for paying it.
44.- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Our Cards and you agree otherwise, any arbitration hearings will take place in Middlesex County, Massachusetts.
45.- If your claim is for US$1,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Our Cards’ last written settlement offer made before an arbitrator was selected (or if Our Cards did not make a settlement offer before an arbitrator was selected), then Our Cards will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Site, but in no event attorneys’ fees.
46.- YOU AND OUR CARDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Our Cards agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.