Online eCards, whatever your special occasion from theLeavingCard.co.uk

1. DEFINITIONS
In these conditions the following words have the following meanings unless the context requires otherwise: "Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service; "Information" includes without limit all content, software, data, text, photographs, graphics, sound and video; "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same; "Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; "Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being; "Post" means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service, and the phrases "Posted" and "Posting" shall be constructed accordingly; "Profile" means the section of the Service containing details, photographs and/or other Information about You; "Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website; "User" means any person who browses the Website; "We, Us, Our" means This Website owned and operated by The Media Practice Ltd. Trading office 27 Old Gloucester Street, London WC1N 3AX; "Website" means Our website at the current URL (or such other URL that We may use to provide the Service from time to time); "You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.
 
2. IMAGE RIGHTS AND INTELLECTUAL PROPERTY
2.1 Greeting card images are reproduced for use on the website only. Image rights remain the property of the original copyright owner.
 
2.2 Images will not be provided at print resolution and Clients are reminded that the images provided are intended only for use within the website. Paying for the service does not imply or in any way assign image rights to the Client.
 
2.3 The design and operation of this site derives from an original idea first expressed in November 2009 and independently developed and executed. All code has been uniquely integrated into this application and is not intended to mimic any existing digital service. Any observed similarity between this site and others that may exist is coincidental.
 
2.4 The intellectual property rights and actual ownership of this site remains with The Media Practice Ltd.
 
3. SECURITY
3.1 The Member ID, password and activation code allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username, password and/or activation code.
 
3.2 You should protect against unauthorized access to Your computer. Ensure that You sign off when You finish using a shared computer.
 
3.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases You should immediately amend Your password using the Service.
 
4. CANCELLATION / TERMINATION / SUSPENSION
4.1 You may terminate your service, to do so contact us at This Website via email. No refunds will be offered for any part of the service offered,
 
4.2 We may terminate your membership with immediate effect at any time, without cause, upon giving You notice by email.
 
If:-
 
4.3 You breach the terms of this Agreement;
 
4.4 You persistently breach the terms of this Agreement;
 
4.5 You fail to provide Us within the time limit requested by Us with sufficient Information to enable Us to determine the accuracy and/or validity of any Information Posted by You;
 
4.6 If in Our reasonable opinion, any Information Posted by You is damaging or potentially damaging to Our business or Members or Users, then, without prejudice to any other remedies We may have, clause 8.4 below shall apply.
 
4.7 If any of the events set out in clause 4.3 above occurs in relation to You then We may immediately and without notice suspend and/or terminate Your access to and/or membership of the Service and You shall not attempt to use the Service or rejoin as a Member.
 
4.8 This Agreement continues for so long as you are a Client. Even after termination of this Agreement, certain clauses will continue to apply including clauses 6, 9 and 10 and other clauses necessary to interpret or enforce this Agreement.
 
5. PERSONAL DATA
5.1 Personal Information collected from You is subject to our privacy policy and will not be distributed to third parties for any marketing purposes whatsoever.
 
6. INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY
6.1 As between You and Us, All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.
 
6.2 You may link to the Service but You may not include the Service in part or in whole within another external website without Our prior written consent.
 
6.3 You warrant and represent to Us that the Information Posted by You is suitable for the audience that you expect to view the information. You warrant that any offence caused is due to Your own actions and This Site bears no responsibility whatsoever for any such actions and any damage caused by such action.
 
6.4 You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.
 
6.5 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Information relating to the Service which may be disclosed to You or which You may learn, except where such Information is public knowledge or it is required to be disclosed by law.
 
6.6 We will use Our reasonable commercial endeavours to keep Your personal details such as your email address, postal address and telephone numbers confidential and will not disclose such Information, except where such Information is public knowledge or it is required to be disclosed by law.
 
7. FUNCTIONING OF THE SERVICE
7.1 The Service is provided in its current form and We do not guarantee or warrant that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
 
7.2 We do not guarantee or warrant that any of the Information provided in or via the Service is accurate or reliable. You rely on it at Your own risk.
 
7.3 Due to the nature of the internet, we do not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service except that We will use Our reasonable endeavours to rectify serious faults as soon as practical though not within any particular timescale.
 
7.4 We reserve the right to make changes to the Service provided that they do not have a material adverse effect on the quality of the Service.
 
7.5 We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.
 
8. THIRD PARTY WEBSITES
8.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy yourself that any goods or services referred to thereon are suitable for Your requirements.
 
9. LIMITATIONS ON LIABILITY
9.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
 
9.2 We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against another member.
 
9.3 We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any Information Posted by other Clients or contributors.
 
9.4 It is possible for other Users and/or unauthorised users to obtain and misuse Information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member\'s and/or unauthorised User\'s misuse of Information Posted by You on the Service and/or to other Members.
 
9.5 We shall have no Liability to You for any:-
 
9.5.1 consequential, special or indirect losses;
 
9.5.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or
 
9.5.3 damage to or loss of goodwill, reputation or data.
 
9.6 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
 
9.7 We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
 
9.8 This section (and any other clause excluding or limiting Our liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
 
9.9 While the administrators of This Website will attempt to remove all objectionable material from member's profiles as quickly as possible, it is impossible to review every profile quickly enough to guarantee that any objectionable material will be removed immediately. This Website is therefore not liable for any offensive or objectionable material contained within the profile of any of its members.
 
10. INDEMNITY
10.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, Information and/or other material Posted on or via the Service by You and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by You.
 
10.2 You agree not to publish images likely to cause offence, defamatory material or material subject to copyright outside of your control on this website. Should such a breach take place then the offending items can be removed by the Client or should co-operation not be forthcoming Your service may be terminated.
 
11. GENERAL
11.1 Headings above are for guidance and not binding.
 
11.2 All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us and to the persons mentioned in clause 9.14 above.
 
11.3 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
 
11.4 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
 
11.5 We may assign all or part of Our rights or duties under this Agreement; You may not do so without Our prior written consent.
 
11.6 Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You on the Service (in Your case) and by email from the address published on this site (in Our case).
 
11.7 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
 
12. BASIS OF CONTRACT
12.1 If you are applying for service, you agree to be bound by these terms and conditions for the provision of the Service. If you are a User, who is not a Client, your use of the Website constitutes your agreement to be bound by these terms and conditions insofar as they are relevant to use of the Website by non-Clients.
 
12.2 Any renewal of Your service is subject to Our then applicable terms and conditions.
 
12.3 We reserve the right to vary these terms and conditions at any time. If so , the updated version will be posted on the terms and conditions page of the Website You will bound by the updated version if You continue to use the Service thereafter.
 
12.4 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.
 
12.5 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
 
12.6 We reserve the right to monitor and at Our option to remove for any reason any Information Posted by You.
 
12.7 We shall have the right at Our option to refuse to grant applications for service and to terminate client services at any time.
 
12.8 The Agreement between You and Us shall come into effect on Our acceptance of Your application for service. No application for service shall be deemed to be accepted by Us until You have received confirmation of Your membership from Us by e-mail.
 

 

 
 
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Please direct any queries regarding the operation of this site to info@theLeavingCard.co.uk