Welcome to eCardCanvas.com, we hope you enjoy the service we provide. Please be sure to read over the details in these Terms of Service. By signing up for a eCardCanvas.com account you agree that you have read, understand the contents of, and agree to all terms and conditions.
These terms and conditions are between the user and eCardCanvas.com governing use of eCardCanvas.com's services (the "Services").
Acceptance of Agreement
When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms") at any time here. Your continued use of the Services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel the Services by visiting your preferences page and canceling your account.
Unauthorized use of the Services, or the resale of said Services without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to the Services in any format to any third party.
You can report data storage abuse to the abuse section of the Services by accessing the form Report Abuse.
You are responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to alert eCardCanvas.com immediately. In addition, you acknowledge that eCardCanvas.com may communicate with you through email. You are responsible for ensuring that eCardCanvas.com has your current email address so that eCardCanvas.com can provide you such communications.
Account Information and Data
eCardCanvas.com does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. Please be aware that eCardCanvas.com does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. eCardCanvas.com may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not eCardCanvas.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, eCardCanvas.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
You are solely responsible for the content of all data you store or retrieve from your account and for all public cards. You are prohibited from accessing the Services and the sites and materials available over the Services from territories where such activities are illegal. You agree to abide by all applicable local, state, national and international laws and regulations in connection with the Services, and not to knowingly use the Services for any purpose that is unlawful or prohibited. In addition, without limitation, you agree not to use Services to:
- Transmit any content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content.
- Transmit any material that contains software viruses or other harmful or deleterious computer codes;
- Use the Services in any manner which could damage, disable, overburden, or impair the Services or its network(s);
- Interfere with any other party's use and enjoyment of the Services, including the distribution of unsolicited spam messages or other impermissible advertising or marketing activities;
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means;
- Assist a third party’s efforts to harvest or otherwise collect information about other users, including but not limited to member e-mail addresses for spamming or other purposes.
Termination and End of Service
You acknowledge that eCardCanvas.com, in its sole discretion, may terminate your ID, account (or any part thereof) or use of the Services for any reason, including, without limitation, if eCardCanvas.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any eCardCanvas.com user Agreements. eCardCanvas.com may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that eCardCanvas.com may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that eCardCanvas.com shall not be liable to you or any third-party for any termination of your access to the Services, including but not limited to, migration of your files away from the Services.
Except for the licenses granted herein, you have no right, title or interest in or to Services or any content contained in the Services ("Content"). You acknowledge and agree that the Services, Content, and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by intellectual property and other applicable laws, and that eCardCanvas.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in the Services, Content, and Software, including, without limitation, text, images, other multimedia data, source code, and object code. eCardCanvas.com and/or other eCardCanvas.com products and services referenced herein are either trademarks or registered trademarks of digitalbucket.net. Digitalbucket.net grants you a limited, personal, non-transferable, non-exclusive license, in object code only, to use the Software. You agree not to, for the benefit of yourself or a third party, modify, reverse engineer, or create derivative works from any proprietary information, Software, or the Services.
No Warranties; Indemnification; Limitation of Liability.
eCardCanvas.com is in no way liable for loss of customer data. Under no circumstances will eCardCanvas.com be held accountable for any loss of customer data. By becoming a eCardCanvas.com user you, the customer, acknowledge that you forfeit the right to hold eCardCanvas.com accountable for any and all technical errors, including loss of user files (customer data).
ECARDCANVAS.COM PROVIDES THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, DIGITALBUCKET.NET DOES NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF DIGITALBUCKET.NET’S SERVERS FOR THE SERVICES. SOME U.S. STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY.
You agree to indemnify and hold eCardCanvas.com harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of eCardCanvas.com services or breach of this Agreement.
IN NO EVENT SHALL ECARDCANVAS.COM BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF DIGITALBUCKET.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE SERVICE IS AT YOUR SOLE RISK.
In the event that, notwithstanding the foregoing disclaimers and indemnification, eCardCanvas.com is found responsible to any eCardCanvas.com user for any reason whatsoever, eCardCanvas.com's responsibility shall be limited to the amounts actually paid by such user for eCardCanvas.com's services, and shall not include punitive damages or consequential or resulting damages of any nature. eCardCanvas.com does not guarantee length of service.
eCardCanvas.com is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, eCardCanvas.com does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.
You agree that eCardCanvas.com has the right to change the terms, conditions, and notices under which it offers the Services, including any charges associated with the use of the Services. If eCardCanvas.com decides to make substantial changes to these Terms, it will post the changes to its website. eCardCanvas.com suggests that you periodically check these Terms on the eCardCanvas.com web site to make sure that your understanding of the Terms is up to date. Your continued use of the Services after the effective date of such changes constitutes your acceptance of agreement to such changes.