Thank you for using ecardlets. By accessing the ecardlets website ("Site") or using the services offered by ecardlets ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Site or use the Services. ecardlets reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
1. Usage License
ecardlets grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. ecardlets reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
2. User Responsibility
You are solely responsible for your use of the Site and Services. Because ecardlets merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of ecardlets, and ecardlets makes no claim of accuracy of any user-posted material. ecardlets archives links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with ecardlets. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
3. Feeds and API
ecardlets provides access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. ecardlets asks that you use these features respectfully, as outlined in the documentation. ecardlets reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.
4. Intellectual Property (Trademarks & Copyrights)
ecardlets, the ecardlets logo and the ecardlets design are trademarks or trade dress of ecardlets, and may not be used without express written permission from ecardlets, other than for attribution. All other trademarks not owned by ecardlets 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 ecardlets.
ecardlets-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of ecardlets and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any ecardlets-originated content is permitted without written permission from ecardlets.
5. User-contributed imagery on ecardlets
Users who contribute their own images to ecardlets for use on its service grant a perpetual, non-exclusive license to ecardlets to:
In exchange for use of imagery, ecardlets will include attribution to the contributing user on web pages featuring that image delivered to iPhones that are directly sent between users of our service. Ecardlets will also provide atttribution on its website as it sees fit. No commercial exchange is otherwise implied beyond this agreement.
If a user who has contributed imagery decides he/she no longer wishes to abide by this agreement, he/she may contact ecardlets at info@ecardlets.com and no additional use of the image will take place. However, prior or existing uses of the image, including web pages that have been created by users of our service, may continue to be accessed by users of our service.
6. No Warranty and Limitation of Liability
ecardlets PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ecardlets SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL ecardlets BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT ecardlets HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH ecardlets SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
7. Other
ecardlets and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between ecardlets and you.
These Terms supersede any previous agreement and represent the entire agreement between ecardlets and you. These Terms are governed by the laws of the State of Delaware without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to ecardlets in English at info@ecardlets.com.