|
Welcome to MyCardMaker.com (the “site”), powered by DoodleLab (DoodleLab). DoodleLab and its affiliates provide users with access to a rich collection of on-line resources, products and services, including personal and business photo projects such as My Card Maker. DoodleLab and its affiliates make their products available to you on this site subject to the following terms and conditions. By visiting this site and/or using the products and services available on mycardmaker.com, you are agreeing to these terms and conditions (“Agreement”). This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and DoodleLab regarding your use of this site. You may also be subject to additional terms and conditions when you use affiliate or other DoodleLab websites, services, third-party content, or third-party software as may be available through this site and specific terms may also apply to your purchase orders.
In the event that there is a conflict between this Agreement and the terms of use posted on any affiliated site, the agreement and/or terms that will control your purchase or site activity is the agreement and/or terms posted on the site you are purchasing from or where the activity is performed. In the event of a conflict between this Agreement and any additional or different terms set forth in the Electronic Receipt that confirms your order, the Electronic Receipt will control the terms of that particular order. Payment will confirm your agreement to the terms of this Agreement and any additional terms contained in your Electronic Receipt.
DoodleLab respects the privacy of all of its customers. For more information, please see our Privacy Policy, posted on this site. This Agreement is in addition to your obligations and rights under our privacy policy. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on this site, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us by e-mail at myhelp@mycardmaker.com .
DoodleLab reserves the right to amend this Agreement from time to time without notice to you, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page. We ask that you review this Agreement regularly.
YOUR ACCOUNT
In order for you to use and/or have access to some of our products and services on the site, you may be required to provide us with certain information. To do so, you may choose to set up an Account with us. You agree and represent that all registration and billing information provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by visiting the “My Account Manager” area on the site or by contacting us at mycustomerservice@mycardmaker.com.
Individual accounts containing your individual photo library will be password-protected and you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You will be responsible for all activities that occur under your password. You must notify DoodleLab immediately of any unauthorized use of your password or if you believe your password is no longer secure. To make purchases on this site, you must be 18 years or older. If you are under 18, you may use My Card Maker only with the involvement of a parent or guardian. DoodleLab and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
LICENSES AND SITE ACCESS
Subject to purchase order terms and fees set forth in your Electronic Receipt, as applicable, DoodleLab hereby grants you a limited license to copy and use the materials, artwork, features, products and services provided on the site solely for your personal, non-commercial use, subject to this Agreement. Any downloaded material is supplied by way of loan to you and no property, title, right or copyright in it shall pass to you. Copyright in downloaded material shall remain vested in DoodleLab, and, except as otherwise specifically authorized in this Agreement, no downloaded material may be reproduced or transmitted electronically or otherwise without DoodleLab’s prior written consent. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of DoodleLab. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DoodleLab and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DoodleLab's name or trademarks without the prior written consent of DoodleLab. Any unauthorized use terminates the permission or license granted by DoodleLab.
DoodleLab reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the site (or any part thereof) and the services and products it offers at any time with or without notice. DoodleLab will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site.
DoodleLab claims no ownership rights in the content you place on your MyCardMaker greeting cards, other products, as applicable, or newsletters. However, by submitting content to DoodleLab for inclusion on this site or any of its other sites, you grant DoodleLab a perpetual, universal, royalty-free, non-exclusive license to use, copy, distribute, modify, adapt, transmit and publish the content solely for the purpose of promoting the site and DoodleLab’s and its affiliates services by displaying, distributing, storing and promoting your content on the site or its affiliated sites or fulfilling orders placed by you.
MEMBER CONDUCT AND OBLIGATIONS
You may store, display and publish materials in the passworded personal web pages area you can create on this site. You are solely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages, images, or other materials (collectively "content") whether publicly posted or privately transmitted, that you upload, post, or transmit via the site. In using the site, you will not, whether intentionally or unintentionally upload, post, or transmit any content, regardless of whether such content actually violates applicable statutes or other laws, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable. DoodleLab will have, in its sole discretion, the right (but not the obligation) to review, screen, refuse, delete, move, edit, remove, or discard any content that DoodleLab deems unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, in violation of this Agreement or otherwise objectionable and/or illegal. DoodleLab also reserves the right to revoke membership rights of any individual, in its sole discretion, it deems to be in violation of this Agreement. You will evaluate, and bear all risks and liabilities associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You agree that you will not upload any content that explicitly or implicitly depicts sexual acts or conduct, whether involving minors or adults, or contains sexually-oriented material that, in the specific context, is offensive or otherwise inappropriate. This site is designed for families and any material that would be inappropriate for viewing by a minor is not suitable for the site. Judgment of appropriate content is the sole discretion of DoodleLab and DoodleLab reserves the right to delete any content it deems to violate this policy and/or cancel the account of any individual in violation of this policy.
You agree that you will not impersonate any person or entity, including a DoodleLab official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree that you will not upload, post, or transmit any content (1) to which you do not have the requisite rights; (2) that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (3) that constitutes unsolicited or unauthorized advertising, promotional material, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation; (4) that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect any computer software or hardware or any telecommunications equipment; or (5) that has been sent from an anonymous or false address.
You agree that you will not violate any applicable local, state, national, or international civil or criminal law or promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, or promote any act of cruelty, whether to animals or otherwise. It is our policy to cooperate fully with law enforcement officials in any investigations.
You agree that you will not engage in commercial activities on, for or about our site, including but not limited to, (1) offering for sale any products or services; (2) soliciting for advertisers or sponsors; (3) conducting raffles or contests; (4) displaying sponsorship banners, including those that are generated by banner or link exchange services; or (5) displaying banners for services that provide prizes or other incentives to users in exchange for hyperlinks to their web sites. You agree that you will not interfere with or disrupt the site, or the servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the site.
You agree to abide by all practices, storage limits, and other restrictions concerning the site that DoodleLab may establish.
TERMS OF SALES
You are entitled to download to print, store and use images from the site for a period of time up to the time specified in your Electronic Receipt, except for those images then labeled as “free” on our site for so long as such images continue to be made available for free. Any order you place through this site is also subject to the terms contained in your Electronic Receipt. DoodleLab and its affiliates attempt to be as accurate and reliable as possible. However, DoodleLab does not warrant that materials downloaded or products purchased from this site will be accurate, complete, reliable, current, error-free or delivered at a particular time unless expressly set forth otherwise in your Electronic Receipt. Unless otherwise stated, downloaded material is licensed on a non-transferable, one-time, non-exclusive basis and use is strictly limited to that which is stated in the Electronic Receipt. You may not hold a downloaded image on any image storage system or within any network configuration or arrangement. When the license period as set out in the Electronic Receipt expires, you must stop downloading images to print, except for those images then labeled as “free” on our site for so long as such images continue to be made available for free. You may not assign any of the rights granted by DoodleLab and this Agreement; e-mail or otherwise transfer or loan any images to any third party for any purpose whatsoever, except as specifically authorized under the Electronic Receipt or to the extent you are e-mailing such images as then labeled as “free” on our site for so long as such images continue to be made available for free; or store any downloaded image for a period longer than the period set forth in your Electronic Receipt without DoodleLab’s prior written consent.
All terms applicable to your order regarding production turnaround times and delivery of your order shall be as set forth in your Electronic Receipt or as otherwise set forth in the Shipping Information area of this site or in connection with the product or service description applicable to your order on the site.
Also see below our REFUND AND RETURN POLICY.
FEES AND PAYMENT
By downloading materials from the site and/or ordering through this site, you agree to pay all charges to your account in accordance with the selected service and the billing terms in effect at the time payment is due, regardless of whether or not you actually use the downloaded or ordered materials. DoodleLab reserves the right to modify or add additional fees or billing terms.
In addition to any other sum as may be payable to DoodleLab under this Agreement, you shall pay to DoodleLab: (1) the fees stated in the Electronic Receipt for the reproduction and distribution of the image downloaded to print or other order you make through the site. IF YOU ARE UNSURE AS TO THE RIGHTS YOU REQUIRE ACQUIRE OR THE LICENSE FEE TO BE APPLIED, YOU MUST CONTACT DoodleLab BEFORE DOWNLOADING THE IMAGE TO PRINT; (2) any and all applicable sales taxes or with-holding taxes. If you fail to pay any amount due to DoodleLab within 30 days of receiving the Electronic Receipt, DoodleLab shall be entitled, at its sole discretion, and among other available remedies, to terminate this Agreement, and/or charge interest at such rate as we shall reasonably determine to apply to the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted by law.
For your convenience and to ensure that your access to our site remains uninterrupted, we will attempt to contact you to remind you to renew your subscription(s) at the expiration of the then-current term. DoodleLab reserves the right to increase the price of a new or renewal subscription(s) without notice to you.
At its sole discretion, DoodleLab reserves the right at any time to offer products and subscriptions and other products and services on the site at a discount or to provide premiums and promotions as a subscription incentive. All fees and charges shall be charged to the credit card provided as part of the registration process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of products and services through your account.
STORAGE
This site is not an archival site. Photo libraries and individual projects such as cards will remain accessible for 2 years from the date of your last purchase. A purchase of any product or service on this site will serve as the last purchase date for all of your saved projects and photo libraries on this site. If you do not purchase any products for more than 2 years, we may delete images stored in your account. However, DoodleLab is not liable for any photo libraries or individual projects that are deleted less than 2 years from the date of your last purchase, including in cases of DoodleLab’s negligence.
Your account and the information pertaining to your account will remain active for 5 years from your last activity through this site. “Activity” may include, but is not limited to, a purchase, downloading of images to print from this site or uploading photos to your photo library or creating individual projects or products.
DoodleLab reserves the right to change its storage policy at any time without individual notice.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE ALLOWS USERS TO UPLOAD IMAGES AND DISTRIBUTE THEM VIA EMAIL AND PRINTED MATERIAL. DoodleLab DOES NOT (1) CONTROL ANY CONTENT (AS DEFINED UNDER ÌMEMBER CONDUCT AND OBLIGATIONSÎ POSTED VIA THE SITE), OR (2) GUARANTEE THE ACCURACY, INTEGRITY AND PRIVACY OR QUALITY OF SUCH CONTENT. AS SUCH, THE PRIVACY OF SUCH UPLOADED AND DISTRIBUTED IMAGES CANNOT BE GUARANTEED. ALL REASONABLY AVAILABLE PRECAUTIONS ARE TAKEN TO PREVENT GRATUITOUS DISCLOSURE OF UPLOADED IMAGES NOT MADE IN CONNECTION WITH OUR LICENSE RIGHTS SET FORTH UNDER ÌLICENSES AND SITE ACCESSÎ IN THIS AGREEMENT. HOWEVER, ALL CONTENT IS UPLOADED AT YOUR OWN RISK. DoodleLab IS NOT LIABLE FOR ANY CONTENT THAT IS STOLEN, COPIED, ALTERED, MODIFIED, DISTRIBUTED, DELETED, OR MOVED.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DoodleLab EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DoodleLab MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND FOR LOSS OR DAMAGE TO ANY DATA OR UPLOADED CONTENT THAT RESULTS FROM ANY USE OF THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY UPLOADED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DoodleLab, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLCABLE LAW, DoodleLab IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF DoodleLab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SITE, INCLUDING: (1) THE USE, OR THE INABILITY TO USE, THE SITE; (2) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; OR, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT, DESPITE THE ABOVE LIMITATIONS, DoodleLab IS FOUND LIABLE TO A MEMBER FOR ANY REASON, SUCH LIABILTY WILL NOT EXCEED $100.
INDEMNITY
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your content, your use of the site, your connection to the site, your violation of this Agreement, or your violation of any rights, including intellectual property rights, of anyone. You agree to indemnify and hold DoodleLab and its affiliates harmless from and against any and all claims and expenses, including attorney’s fees, made by any third party due to or arising from your use of the site or violation of this Agreement.
REFUND AND RETURN POLICY
Professionally printed products purchased from MyCardMaker.com are printed as they are ordered. Because of the highly automated nature and production expense of “print on demand” manufacturing, DoodleLab cannot revise or cancel orders, accept returns or provide refunds on these products.
Images downloaded to print are not cancelable or returnable; however, they will be available in your “Saved Projects” area, for text editing in case you make an error, for the time period you have purchased rights regarding such images as delineated on the related Electronic Receipt.
Subscription purchases may be cancelled but they are not refundable. Once your subscription has been processed, your access to all cards and tools has been made available and you may print as much or as little as you would like during the time period delineated in the Electronic Receipt. You may choose to print everything you want for the whole year all at one time, or spread out the printing over the entire purchased period. We assume you have printed out all you desire or will need for the period if you cancel the service prior to its expiration and therefore there is no refund available to you at that time.
Note that because MyCardMaker.com provides a creator-controlled photo image tool, DoodleLab cannot accept responsibility for the quality of the created content (including photo quality, misspelled words, grammatical errors, etc.), formatting or overall appearance. You approve the visual presentation and content of each item. Our staff does not monitor or check individual content prior to publication through our website. For this reason, we recommend you carefully check your order for accuracy before confirming your purchase of products.
If you receive a professionally printed card that is damaged in some way (missing envelopes, torn card, etc.), we will be happy to provide a replacement copy. Notify us by email at mycustomerservice@mycardmaker.com.
TERMINATION
DoodleLab agrees to terminate your account at any time upon notice from you by email at mycustomerservice@mycardmaker.com.
DoodleLab may, in its sole discretion, terminate your use of or access to the site, or your use of or access to any other DoodleLab service, for any reason. DoodleLab may also, in its sole discretion and at any time, discontinue providing the site, or any part thereof, with or without notice. Upon any such termination, DoodleLab may immediately deactivate or delete your membership and all related information, passwords, and files, and may bar any further access to such files or to the site. DoodleLab is not liable to you or to any third party for any such termination.
[Upon termination of your account, DoodleLab agrees to delete your account information. Please remove all uploaded content from your account within 5 days from notice of termination. DoodleLab assumes no liability for any lost or deleted content.] You will not receive a refund for any fees previously charged to or remaining on your account. In the event DoodleLab must collect unpaid fees owed to your account, you will be liable for all attorneys’ and collection agency fees.
COPYRIGHTS
DoodleLab respects the intellectual property rights of others and expects you to do the same. All content included on the site, such as photographs, artwork, icons, images, logos, graphics, text, audio clips, video clips, data compilations and software, is the property of DoodleLab, or its members who upload content, or DoodleLab’s suppliers and is protected by United States and international copyright laws. All software used on or in connection with the site is the property of DoodleLab or its suppliers and is protected by United States and international copyright laws. You represent and warrant that you either own the copyright of your content or have obtained written permission from the copyright owner to use the content in such a manner. DoodleLab may request confirmation of the copyright or trademark ownership by the uploading member and reserves the right to suspend the shipment of an order until such confirmation is received.
If you believe your work has been copied in a way that constitutes copyright infringement in connection with this site, please contact us at myhelp@mycardmaker.com. Please provide the following information in your notice of infringement:
(1) An identification or description of the infringing material posted on the site;
(2) An identification or description of the work that you claim has been infringed;
(3) Your name, address and telephone number;
(4) Your physical or electronic signature;
(5) A statement by you that you have a good faith belief that the manner in which the material is used on the site is not authorized by the copyright owner, their agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on the copyright owner’s behalf.
NOTICES
Notices to you may be made via email, regular mail or postings on the site. DoodleLab reserves the right to make changes to this Agreement or the services and products offered on the site without providing an individual notice to you.
ADVERTISEMENTS, PROMOTIONS AND LINKS
From time to time, DoodleLab runs advertisements and promotions on the site and its other Services. The manner, mode, and extent of advertising by DoodleLab on your cards, newsletters, and images will be determined by DoodleLab at its sole discretion, and is subject to change at any time without notice. Your communications or dealings with promoters or advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such communications or dealings, are solely between you and such promoter or advertiser. DoodleLab is not responsible or liable for any loss or damage incurred as the result of any such communications or dealings or as the result of the presence of such promoters or advertisers on the site.
LINKS
Either DoodleLab or third parties may provide links to other World Wide Web sites or resources on the site. DoodleLab is not responsible or liable for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from, such sites or resources. Further, DoodleLab is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on such content, goods, or services.
COMPLIANCE WITH LAWS
Recognizing the global nature of the World Wide Web, you will comply with all local rules applying to your activities on the site, including online conduct and acceptable content in your jurisdiction. Neither DoodleLab nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them 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.
For more information regarding Shipping rules and restrictions, please see the Shipping Information section of our site.
GOVERNING LAW; EXCLUSIVE JURISDICTION
YOU AGREE THAT THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND DoodleLab WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND DoodleLab HEREBY SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF SONOMA, CALIFORNIA. The failure of DoodleLab to exercise or enforce any provision of this Agreement will not constitute a waiver of such provision. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly assume all of your obligations set forth in this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties' intentions as reflected in the provision, and allow the other provisions of this Agreement to remain in full force and effect. Any claim or cause of action arising out of or related to the site or this Agreement must be filed within 1 year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary.
By your continued use of this site and/or purchase of our products, you acknowledge that you have read and understand this Agreement and you agree to act in accordance with its terms and conditions and be bound by it. This Agreement and the terms specified in the Electronic Receipt shall not be altered or modified in any way without the prior written consent of DoodleLab signed by an authorized representative of DoodleLab.
|
