CARD AND CONTENT USE
T.O.Y e-cards Content is for personal use only and we require that people adhere to the following Terms of Service. All of our Content is protected under copyright and trademark laws. Any use other than personal use requires written permission. You CANNOT use the Services to create advertising, promote a product, brand, website, social media program, community page, or Facebook fan page without written permission. If you run a community page, charity, blog or news outlet and would like to ask for permission to use our Content, please email email@example.com
If you want to use or share our Content outside of our Services, you can ONLY do so through texting, emailing or otherwise sending our cards or other Content through our Services, using the sharing buttons on our Services. You can NEVER edit or alter our Content without our permission.
T.O.Y. e-cards may modify this Agreement at any time by posting a notice on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. T.O.Y. e-cards may change, suspend or discontinue the Services including any materials displayed on the Services (including but not limited to text, graphics, images, photographs, illustrations, articles, software, music, audio, video, and information, also known as the "Content") for any reason, at any time, including the availability of any feature or Content. T.O.Y. e-cards may also impose limits on certain features or services or restrict Users' access to parts or all of the Services without notice or liability.
The Services are suitable and eligible for people of any age. You take full responsibility for access of and use of the Services. This Agreement is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. T.O.Y. e-cards may, in its sole discretion, change its eligibility criteria at any time.
RESTRICTIONS ON USE OF SERVICES
As a condition of use, you promise not to use the Services for any purpose that is prohibited by this Agreement. You CANNOT use the Services to violate the copyrights or other intellectual property rights or any other rights of T.O.Y. e-cards or any other person or entity.
By way of other examples of prohibited use, and not as a limitation:
T.O.Y. e-cards User will not use the Services for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
T.O.Y. e-cards User will not transmit through the Services any false, infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature.
T.O.Y. e-cards User agrees not to use the Services for illegal purposes.
T.O.Y. e-cards User agrees not to transmit through the Services any Content that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
T.O.Y. e-cards User shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
T.O.Y. e-cards User recognizes and accepts that T.O.Y. e-cards is not intended to be an anonymous messaging or e-mail service. Every E-Card sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your phone or computer). This is done for the protection of T.O.Y. e-cards’ card recipients.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. To report a violation of the T.O.Y. e-cards Terms of Service, please e-mail us at firstname.lastname@example.org.
CONDITIONS OF USE
In order to view T.O.Y e-cards you will need to download the app (free of charge and including six free cards for unlimited use). In order to access the entire collection you will need to purchase a one-year auto renew subscription of US$1.99, which will give you access to unlimited use of all cards in all categories including regular updates. Payment to access the T.O.Y app must be made via your iTunes account. Your subscription will get auto renewed unless cancelled within 24 hours before the end of the current cycle.
You shall not:
when sending an e-card, use a name of another person with the intent to impersonate that person;
use a name subject to any rights of a person other than you without appropriate authorization; or
use a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for activity that occurs when using the services and shall be responsible for the consequences of that activity. You will notify T.O.Y. e-cards, in writing of any unauthorized use of T.O.Y e-cards or other terms and conditions breach of which you are aware.
The Content and other items displayed on the Services are for your personal use only. The Services are protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international conventions, and other copyright laws. Except as set forth in these Terms of Service, reproducing, copying or distributing any Content, materials or design elements on the Services for any purpose other than personal, noncommercial use is strictly prohibited without the express prior written permission of T.O.Y. e-cards. NB: use of "Add Your Logo" cards is acceptable for commercial use.
Any other downloading of Content or dragging it to a third party site violates our rights to the Content. Except as set forth in these Terms of Service, you may not alter or modify any images on the Services (including placing any logos on cards with the exception of the "Add Your Logo" cards), publish, transmit, participate in the transfer or sale of, copy, reproduce, download, upload, transmit, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content (other than your User Content) on the Services or any other website owned, operated, licensed or controlled by T.O.Y. e-cards, in whole or in part.
In addition, you may not reverse engineer, decompile or disassemble any Content, nor shall you use or download any images separate and/or apart from the associated product or Services. We reserve the right to allow posting or use of the Content for commercial purposes, but only after prior permission from us, through contacting email@example.com. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
T.O.Y. e-cards User acknowledges that T.O.Y. e-cards has no control over, and no duty to take any action regarding which Users gain access to the Services, what Content you access via the Services, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release T.O.Y. e-cards from all liability for your having acquired or not acquired Content through the Services.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, T.O.Y. E-CARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. T.O.Y. E-CARDS DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. T.O.Y. E-CARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR OTHERWISE.
You acknowledge and agree that if you upload to the Services, or otherwise transmit on or through the Services, Content ("User Content"), including by but not limited to submitting Content through the Add your Photo service, you do so at your own risk and if you don't own the User Content, or if you don't have permission from the person who does, you must not upload it to the Services.
You warrant, represent and agree that you own or otherwise control all rights to such User Content. You further warrant, represent and agree that you will not contribute any User Content which is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, or hateful, or contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage or detrimentally interfere with any system, data or information. No User Content shall be subject to any obligation of confidentiality on our part.
T.O.Y. e-cards reserves the right to remove any Content from the Services at any time, for any reason or for no reason at all. You are responsible for all User Content posted under your name in the form of an e-card, including User Content contributed by a third party whom you have authorized to post User Content under your name. If you believe User Content residing on the Services infringes a copyright, please contact us.
T.O.Y. e-cards is under no obligation to offer you any payment for User Content you submit (unless a written contract is in place for such payment) regardless of whether T.O.Y. e-cards commercializes such User Content in any way or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to T.O.Y. e-cards. T.O.Y. e-cards shall have no duty to attribute authorship of works developed by T.O.Y. e-cards using your User Content to you, and shall not be obligated to enforce any form of attribution by third parties. We hope you will understand that this policy is necessary because T.O.Y. e-cards is continuously developing and creating its own ideas and materials, employees of T.O.Y. e-cards may currently be working on or previously have worked on ideas or materials similar to your User Content, and T.O.Y. e-cards may have received or may someday receive from others ideas or materials similar to your User Content. T.O.Y. e-cards may currently have or previously have had access to and/or may independently create or have created E-cards or other materials which may be similar or identical to the ideas, themes, or other elements of your User Content.
APPLE DEVICE AND APPLICATION TERMS
If you are accessing the Services via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:
Both you and T.O.Y. e-cards acknowledge that these Terms of Service are concluded between you and T.O.Y. e-cards only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use (with the exception of "Add Your Logo" cards), subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification. Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that T.O.Y. e-cards, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, T.O.Y. e-cards, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and T.O.Y. e-cards acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and T.O.Y. e-cards acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
You will indemnify and hold T.O.Y. e-cards, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of this Agreement, or the infringement by you, or any third party using your T.O.Y. e-cards app of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
Under no circumstances shall T.O.Y. e-cards be liable for any special, consequential, incidental, indirect or punitive damages that result from the use of, or the inability to use, the materials in the Services, even if T.O.Y. e-cards or a T.O.Y. e-cards authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall T.O.Y. e-cards' total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $50 or the amount paid by you, if any, for accessing the Services.
THIRD PARTY SITES
The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under T.O.Y. e-cards' control, and you acknowledge that T.O.Y. e-cards is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by T.O.Y. e-cards or any association with its operators. You further acknowledge and agree that T.O.Y. e-cards shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
This agreement shall be governed by and construed in accordance with the laws of the State of New South Wales without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services shall be filed only in the state or federal courts located in New South Wales and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed limited or eliminated from this Agreement to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement is not assignable, transferable or sublicensable by T.O.Y. e-cards User except with T.O.Y. e-cards‘ prior written consent. T.O.Y. e-cards may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and T.O.Y. e-cards User does not have any authority of any kind to bind T.O.Y. e-cards in any respect whatsoever.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
TERMINATION / CANCELLATION
You may terminate this Agreement at any time by cancelling your subscription through your iTunes account subscription settings page. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT NOR FOR ANY CHARGES AND FEES YOU INCUR AS A RESULT OF NOT PROPERLY TERMINATING YOUR SERVICE AND THIS AGREEMENT.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us. Your Fee Schedule, and next billing date and amount can be found in your iTunes account's subscription management page.
It is T.O.Y. e-cards' policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates or content providers, and (2) remove and discontinue service to repeat offenders.
If you believe that content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement by e-mail to firstname.lastname@example.org (or the below address), containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that T.O.Y. e-cards is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received, it is T.O.Y. e-cards' policy to remove or disable access to the infringing Content; to notify the Content provider or User that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system.
You may contact T.O.Y. e-cards by email email@example.com or at the following address:
50 Middle Harbour Road
Lindfield NSW 2070