Terms of Service & Conditions of Use

INTRODUCTION

Definitions

Site means the website www.sendablessing.com

eCards means the electronic greeting cards available on the Site, including downloadable versions thereof

Materials means all animations, video, photographs, audio clips, graphics, images, illustrations, and text on the Site, including the eCards

The Company, Send A Blessing, we, us, or our means Send A Blessing, a company registered in the State of Colorado

Member means any person who has purchased a license to use additional eCards and other features of the Site

You means any person visiting or browsing the Site, including Members

Agreement means this document


 


Overview
The following is a legal agreement between you and Send A Blessing. By accessing, browsing, and/or using sendablessing.com, you acknowledge that you have read, understood, and agreed to be bound by this Agreement and to comply with all applicable laws and regulations. This agreement contains warranty disclaimers and otehr provisions that limit our liability to you. Please read this Agreement in its entirety. If you do not agree to this Agreement, please do not use this Site.
Document Structure
This document is in two parts.
The first part contains the Conditions of Use of the Site and applies to all persons visiting or browsing the Site, including Members.
The second part contains the Terms of Service of a license to use additional features of the Site, and applies only to those who choose to become Members by purchasing such a license.


Conditions of Use of the Site

YOUR USE OF THE SITE

Send A Blessing hereby grants you a limited license to use the materials, features, and services provided by Send A Blessing on this Site SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE, subject to this Agreement. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.

 
Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited. Distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement, with the sole exception of graphics provided on the “Link to Us!” page.

COPYRIGHT INFORMATION

The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Send A Blessing or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Send A Blessing or any third party.

ALL OF THE MATERIALS AVAILABLE ON THE SITE ARE COPYRIGHTED BY SEND A BLESSING, OR USED UNDER LICENSE, AND OWNED OR CONTROLLED BY THE COMPANY OR THE PARTIES CREDITED IN THE COPYRIGHT NOTICES WITHIN THE MATERIALS. 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.
Send A Blessing currently utilizes copyrighted materials from various individuals and entities. The copyright information for each licensor is indicated on appropriate portions of the Site, on the eCards incorporating their content, and the respective “About This Card” pages.

TRADEMARKS

Send A Blessing, and the Send A Blessing logo are service marks or registered service marks of Send A Blessing in the United States and other countries. All rights reserved.

 
Use of the Send A Blessing trademarks as meta-tags for search engines is strictly prohibited.

ACCEPTABLE USE POLICY

Send A Blessing has adopted the following Acceptable Use Policy in order to assure that its eCards are used in a lawful and appropriate manner. While Send A Blessing does not ordinarily monitor the content of users' greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

• sending harassing, abusive, or threatening messages;

• sending obscene or pornographic messages or images;

• sending defamatory or libelous messages;

• sending viruses or other harmful, disruptive, or destructive files;

• attempting to steal passwords or credit card information;

• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or

• attempting to conceal or misrepresent the identity of the sender.


VIOLATIONS OF THE SEND A BLESSING ACCEPTABLE USE POLICY WILL NOT BE TOLERATED AND MAY RESULT IN THE SENDER BEING BLOCKED FROM SENDING ADDITIONAL GREETINGS ON THE SERVICE.
 
IF THE SENDER IS A MEMBER OF SEND A BLESSING’S SUBSCRIPTION SERVICE, SEND A BLESSING MAY DISABLE THE SENDER'S ACCOUNT WITHOUT COMPENSATION OR REFUND. SEND A BLESSING RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING ECARD RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY SEND A BLESSING TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.


SPAM

You may not use this Site to send eCards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Send A Blessing reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

 
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your transmissions in order to ensure compliance with this Agreement.


LINKS AND ADVERTISEMENTS

Send A Blessing may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH SEND A BLESSING. SEND A BLESSING MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. SEND A BLESSING WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY SEND A BLESSING ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
 
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither Send A Blessing nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Send A Blessing nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Send A Blessing nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

WARRANTY RESTRICTION; LIMITATION OF LIABILITY

The Materials, information, and services provided on this Site are provided “As Is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. There is no warranty against interference with your enjoyment of any Materials, information, or services (including, but not limited to, any data, text, animations, video, audio, graphics, illustrations, or images) or against infringement. Send A Blessing is not responsible for any failure of eCards sent through the service to reach their intended recipients or to reach such recipients on the date specified by the sender.

The Company may from time to time at its sole discretion publish eCards, which may be viewed, sent by email to third parties, or downloaded from the Site. The Company may further determine that certain of these eCards are exclusively for the use of Members and that others are available also to non-Members.

The Company may further vary from time to time in its sole discretion the Materials and other features of the site available to Members and non-Members.

The materials available on the Site are subject to change without notice.

NEITHER SEND A BLESSING NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES 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 SEND A BLESSING 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.

SEND A BLESSING DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE BY ANY PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.

 
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. YOU HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS SEND A BLESSING AND ALL 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. SEND A BLESSING RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

NEITHER SEND A BLESSING NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS SEND A BLESSING AND ITS AFFILIATES AND PARTIES WITH WHOM SEND A BLESSING HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.


INTERNATIONAL USE

Neither Send A Blessing 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.

INDEMNIFICATION

You hereby indemnify, defend and hold harmless Send A Blessing and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement.
 
You shall cooperate as fully as reasonably required in defense of any such claim. Send A Blessing reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

ENFORCEMENT BY SEND A BLESSING

In the event Send A Blessing determines, in its sole discretion, that you have violated this Agreement, Send A Blessing shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.
 


GOVERNING LAW

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Colorado. Any dispute arising between you and Send A Blessing will be submitted to binding arbitration in Boulder, Colorado in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
 
THIS AGREEMENT, AND THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES, AND YOU AND SEND A BLESSING SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES COURTS OF LAW.

UPDATES TO TERMS

Send A Blessing shall have the right to revise this Agreement at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
 


PRIVACY POLICY

Please be sure you have read our Privacy Policy and that you are familiar with its terms.
 


Terms of Service Agreement

The following is an additional set of terms which apply only to those who choose to become Members by purchasing a license to use the Send A Blessing eCards.

1 These Terms are in addition to the Conditions of Use of Site above and nothing in this Agreement shall be deemed to override or replace any of the above Conditions.

2 Send A Blessing hereby grants you a limited license to use such eCards 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 use the Site, you will be required to select a password to be used in conjunction with your email address. You must not disclose this password to others or permit others to use your password so as to access the Site.

4 No use of the Site, eCards or Materials is permitted save that permitted by the Conditions of Use of Site above.

5 You must ensure that the email address which you give as part of your membership details is your correct and valid individual email address.

6 If you change your email address you must notify Send A Blessing by means of the facilities made available on the Site.

7 You accept that the Site is reliant on the work of a single artist, and on the continued ability of that single person to continue working. Your purchasing of a license does not commit the Company to the future maintenance or availability of the Site nor to the release of further eCards.

8 You may cancel your license at any time. Unless terminated beforehand, your license will end on a date determined by Send A Blessing according to the amount of the fee paid by you in accordance with the price list published on the Site.

 
9 Should your 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 which prevents you from using the Site.

10 Send A Blessing may from time to time in its sole discretion modify the list of eCards and other features of the Site which are available exclusively to Members. 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.

11 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 you should periodically visit the Site to determine the Terms to which you 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. Your 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

Please do not send payments to the address below unless accompanied by the correct application form. Payments submitted without the application form cannot be accepted. For an application form please click JOIN US! in the main website menu and follow the prompts.

We do not offer telephone technical support. If you have a technical problem, please use our Help pages to contact us.
 
Send A Blessing
PO Box 18764
Boulder, Colorado 80308
United States

Registered in the State of Colorado, United States, Corporation I.D. 20-0509924.

 


Conditions of Use of Site
Your Use of the Site
Copyright Information
Trademarks
Acceptable Use Policy
Spam
Links and Advertisements


Warranty Restriction; Limitation of Liability
International Use
Indemnification
Enforcement by Send A Blessing
Governing Law
Updates to Terms
Privacy Policy

Terms of Service Agreement

Contact Details


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