Secret Revenge Cards
Terms of Use Agreement and Privacy Policy
DEFINITIONS
"The Company" means Secret Revenge Cards.
“SRC” means Secret Revenge Cards
"Site" means the website www.secretrevengecards.com
"You" means any person, including Members, visiting or browsing the Site
"Member" means any person who has purchased a license to use E-cards on the Site
"E-Cards" and/or “E-sults” means the electronic greetings cards available on the Site,
"Materials" means all photographs, images, graphics, illustrations and text on the Site, including the E-Cards
"Agreement" means this document and all the Terms of Use contained herein

You agree that the SRC Website shall be deemed solely based in British Columbia, Canada and the internal substantive laws of British Columbia, Canada, without respect to its conflict of laws principles, shall govern these Terms of Use.  Exclusively a court of competent jurisdiction located in British Columbia, Canada shall decide any claim or dispute between you and SRC that arises in whole or in part from the SRC Website.  These Terms of Use shall constitute the entire agreement between you and SRC concerning the SRC Website.  If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SRC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  SRC reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the SRC Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND SRC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SRC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

CONDITIONS OF USE OF THIS SITE

The following is a legal agreement between you and the Company.  By browsing or using the Site, you acknowledge that you have read, understood, and agreed to be bound to by this Agreement.

1. All Materials are protected by copyright, and owned or controlled by SRC.  You shall abide by all additional copyright restrictions contained in any Materials accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement.  You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices contained therein.  All information and software provided through the Site is and shall remain the sole and exclusive property of the Company or the parties credited in the copyright notices within the Materials.
       
2. Causing the Site to be displayed in a frame of another website is forbidden.  Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement or the written consent of SRC.
       
3. All Materials are subject to change without notice.
       
4. You agree that you will not, through the use of the Site, violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material.

5. You agree to comply with all local laws and regulations regarding online conduct and acceptable content. You also acknowledge and agree that access to some content may not be legal by certain persons or in certain countries.  Users who access the Site from outside of Canada do so solely at their own risk.
 
6. You agree to use caution and common sense when using the Site and specifically agree not to use the Site for any or all of the following:  send any content that is unlawful, criminal, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, or racially, ethnically or similarly objectionable; harm minors in any way or includes personally identifiable information about children; "stalk" or otherwise harass another intentionally or unintentionally violate any applicable local, municipal, provincial, state, territorial, federal or international law.

7. SRC reserves the right in its sole discretion to take any action that SRC deems appropriate, including, without limitation, suspension or termination of use, refusal of membership, or blocking the sending and/or receipt of E-cards and the pursuit of any other remedies, in law or equity, available to it.  SRC reserves the right in its sole discretion to disclose to third parties, including recipients of E-sults, their counsel, and law enforcement authorities, with or without notice to you, any relevant information deemed necessary by SRC to address any violations, or suspected violations, of the acceptable use policy and to prevent violations that SRC reasonably suspects may occur in the future.  By using the site you irrevocably consent to such disclosures.

8. You hereby indemnify, defend and hold harmless the Company and its officers, directors, owners, agents, Material providers, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by them in connection with any claim arising out of any breach by you of this Agreement.  You shall cooperate as fully as reasonably required in defense of any such claim.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. You may not use this Site to send E-cards to mailing lists or to send unsolicited bulk or commercial messages.  The use of computer programs, which automate the process of sending or viewing any of the Materials, is strictly prohibited.  We reserve the right to limit, in our sole discretion and without prior notice to you, the number of cards you may send using the Site and/or the number of recipients to whom you send such cards.

10. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the SRC servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.  Notwithstanding the foregoing, SRC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  SRC reserves the right to revoke these exceptions either generally or in specific cases.  You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, emails) for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Site.

11. The Company tracks the aggregated statistical site usage patterns of Members primarily so we can further develop the Site.  Although we do not disclose the site usage patterns for individual Members, we reserve the right to disclose such aggregated statistical information to third parties.

12. The Company maintains an address book for each Member’s convenience.  The address book information is considered private and confidential and will not be used by the Company for promotional purposes or disclosed to third parties.

13. The Materials are provided "as is" without warranty of any kind, either expressed or implied.  The Company is not responsible for any failure of E-sults sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.

14. When using the “Recaption this” element of the Site at any time for any card, you acknowledge the Company’s use of screening technology in the attempt to filter any socially unacceptable behavior.  You also acknowledge and accept this could result in the delay of the delivery of your card to the intended recipient until an administrator verifies the content.

15. Neither the Company nor any of its officers, directors, employees, affiliates or parent company shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided at the site, even if the Company has been advised of the possibility of such damages.  This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.  In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that the Company and its affiliates' aggregate liability shall not exceed the amount paid pursuant to the terms of this Agreement.

16. The Company may modify this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such revisions and you should periodically visit the Site to determine the terms to which you are bound.

17. In the event SRC is sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer the Company’s user databases together with any personally identifying information contained therein, to a third party acquiring the assets of SRC.  Members will be notified on our Site of any such event, and we will provide links to allow Members to change their profiles.

FURTHER TERMS FOR MEMBERS

1. The following Terms are in addition to the Conditions of Use above and nothing in these Terms shall be deemed to override or replace any of the above Conditions.
 
2. The Company hereby grants you a limited license to use such E-sults and other features of the Site as are from time to time determined, at the Company’s sole discretion, to be available for Members only.

3. In order to become a Member, you must register by using our online application found under 'Register' or by clicking on 'Subscribe Now'.
       
4. In order to use the Site, you will be required to select a password to be used in conjunction with your e-mail address. You must not disclose this password to others or permit others to use your password so as to access the Site.
       
5. No use of the Site, E-sults or Materials is permitted save that permitted by the Conditions of Use of Site above.
       
6. You must ensure that the e-mail address, which you give as part of your membership details, is your correct and valid e-mail address.
       
7. If you change your e-mail address you must notify the Company by means of the facilities made available on the Site.

8. You may choose any one of the suggested captions supplied on the site or elect to add your own caption.  If you choose to add your own caption under the ‘Recaption this’ section you relinquish the ownership of all contents, words and meaning and the company, at its sole discretion, may use any part or whole of such caption for its own purposes at any time for as long a period as it sees fit.
       
9. Members may cancel a license at any time.  Unless terminated beforehand, the license will end on a date determined by the Company according to the amount of the fee paid in accordance with the price list published on the Site.
       
10. Should a license be cancelled or terminated or the Site closed for any reason whatsoever, refunds will be given solely at the discretion of the Company.  Normally refunds will only be given in the event of a technical problem that prevents a Member from using the Site.
       
11. The Company may from time to time in its sole discretion modify the list of E-sults and other features of the Site.  The Company may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.
       
12. The Company may modify this Agreement at any time by updating this page.  By becoming a Member, you agree to be bound by any such revisions and all Members should periodically visit the Site to determine the Terms to which they are bound.  If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you should cancel your license.  Continued use of the Site now, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.

CONTACT DETAILS

We do not offer telephone technical support.  If you have a technical problem, please use our Help pages or contact the administrator listed on the Contact Us page.