Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. E-CARDS INDIA RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL E-CARDS INDIA OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT E-CARDS INDIA HAS BEEN ADVISED OF POSSIBILITY OF THE DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE SERVICES THAT YOU ORDER FROM E-CARDS INDIA OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL E-CARDS INDIA BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR ITS CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT EXPRESINVITES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR OBLIGATIONS WHEN USING THIS WEBSITE
E-CARDS INDIA hereby grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license to copy and use the materials, features, and services provided by E-CARDS INDIA on this Site (collectively the “Materials”) solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. All explicit or implicit Intellectual Property that is formed by the material would, in cases, be of E-CARDS INDIA and any use of the material should acknowledge such Intellectual Property, failing which the use would be construed as infringement of Intellectual Property. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, or processes described or used on this Site may be the subject of intellectual property rights reserved by E-CARDS INDIA or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppels or otherwise, any license, title, or ownership of or to any intellectual property right of E-CARDS INDIA or any third party.
OUR LIABILITY TO YOU
We provide the content on this Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that this Website does not infringe the rights of any third party. Except as permitted under the Product Terms, we accept no responsibility or liability for your use of content on this Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on this Website, we cannot accept any liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof. This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
YOUR MEMBERSHIP ACCOUNT
In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify E-CARDS INDIA immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of E-CARDS INDIA or others due to such unauthorized use. E-CARDS INDIA will not be liable for your losses caused by any unauthorized use of your account.
E-CARDS INDIA has the right to refuse service, terminate accounts, terminate your access to the Website, remove or edit content, or cancel orders in its sole discretion, immediately and with or without cause.
When you visit E-CARDS INDIA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of E-CARDS INDIA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of E-CARDS INDIA, with copyright authorship for this collection by E-CARDS INDIA, and protected by international copyright laws.
E-CARDS INDIA’ trademarks and may not be used in connection with any product or service that is not E-CARDS INDIA’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits E-CARDS INDIA. All other trademarks not owned by E-CARDS INDIA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by E-CARDS INDIA or its subsidiaries.
ACCEPTABLE USE POLICY
E-CARDS INDIA has adopted the following Acceptable Use Policy in order to assure that its e-Cards are used in a lawful and appropriate manner. While E-CARDS INDIA does not ordinarily monitor the content of users’ e-Cards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:
sending harassing, abusive, or threatening messages;
sending obscene or pornographic messages or images;
sending defamatory or libellous messages;
sending viruses or other harmful, disruptive, or destructive files;
attempting to steal passwords or credit card information;
creating a user profile for anyone other than a natural person
sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
attempting to conceal or misrepresent the identity of the sender.
Violations of the E-CARDS INDIA’ Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional e-Cards on the service.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a E-CARDS INDIA account, (3) are not a competitor of E-CARDS INDIA or are not using the Services for reasons that are in competition with E-CARDS INDIA; (4) will only maintain one E-CARDS INDIA account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of E-CARDS INDIA, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
E-CARDS INDIA reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. E-CARDS INDIA further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by E-CARDS INDIA for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In the rare possibilities of the concerned service not being rendered for any reason whatsoever, we will process the refund and intimate you of the same. E-CARDS INDIA is not under any obligation to make render the same service in lieu of or to compensate/ replace the service not executed earlier. All subsequent services/products being bought will be treated as new transactions with no reference to the earlier unexecuted service.
USING YOUR OWN CONTENT, PHOTOS, OR IMAGES
E-CARDS INDIA may allow you to create your own Cards by uploading your own photos, artwork and other materials. If you do so, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornographic, or illegal materials.
You own the information you provide E-CARDS INDIA under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant E-CARDS INDIA a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to E-CARDS INDIA, including, but not limited to, any user generated content, ideas, concepts, images, e-cards, techniques or data to the services, you submit to E-CARDS INDIA, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted other applicable section of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your E-CARDS INDIA profile information accurate and updated.
When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital eCard; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates’ systems and hereby expressly reserve the right to do so.
If you purchase any services that we offer for a fee, you agree to E-CARDS INDIA storing your payment card information. You also agree to pay the applicable fees for the services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
E-CARDS INDIA may offer certain applications which can help build e-cards or invitations or other product the company has on offer. E-CARDS INDIA application are distinct from third party Platform Applications and therefore if you use an E-CARDS INDIA Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing E-CARDS INDIA plugins that load in your browser may be communicated to us.
You may not use this Site to send online e-Cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. E-CARDS INDIA reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site or the number of recipients to which you send such cards or messages.
You agree to defend, indemnify and hold harmless E-CARDS INDIA, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
your use of the Website
your violation of the terms which apply to your User Submission
your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or
You must cooperate as fully as reasonably required in defense of any such claim. E-CARDS INDIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
The relationship between you and E-CARDS INDIA shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and E-CARDS INDIA agree to submit to the personal and exclusive jurisdiction of the courts located at Pune, India. The Arbitrator’s award shall be binding.