Terms of Use

TERMS OF USE AND TERMS OF SALE

Welcome to Hallmark.com, a website operated by Hallmark.com LLC, with additional goods and services offered by Hallmark Interactive, LLC. The following is a legal agreement between Hallmark.com LLC, Hallmark Interactive LLC and their parents, subsidiaries and affiliates (collectively “Hallmark.com”) and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

PRIVACY

Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.

PERMISSION TO USE CONTENT

Hallmark.com grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Hallmark.com or where expressly permitted. You agree not to use or resell Hallmark.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the e-card or messaging services provided by Hallmark.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through Hallmark.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

SITE SERVICES

Hallmark.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. Hallmark.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.

COPYRIGHT

All content included on this site, such as e-cards, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of Hallmark.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hallmark Licensing, Inc. and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Hallmark.com. This prohibition includes, but is not limited to, the use of any proprietary Hallmark characters such as Maxine, hoops&yoyo, Revilo, and Asteroid Andy on any website, in e-mails, or in other media without express written permission from Hallmark.

PATENT NOTICES

This system or portions thereof are covered by U.S. Patents Nos. 5,555,496; 5,960,412; 6,092,054; and 6,873,971; Australian Patent No. 682,969; and European Patent No. 0760983. Canadian patent pending; U.S. Patents Nos. 5,552,994; 5,600,563; 5,748,484; and 5,751,590; Australian Patent No. 675,344; and Canadian Patent No. 2,166,963.

MEMBER CONDUCT

To access many features on the site, and to purchase any goods or services, you may be required to create an account with Hallmark.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify Hallmark.com of any unauthorized access or tampering of your acccount, or suspected breach of security.

You agree that any information you provide to Hallmark.com is truthful and accurate, and complete including the name or identity of the sender of any e-card or other message, service or product. You agree to not use Hallmark.com to upload, post, e-mail, send, or initiate the sending by e-card or printed card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to Hallmark.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Hallmark.com for all claims resulting from any content you supply. By submitting content to Hallmark.com through web-based functions or via e-mail, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Hallmark.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to Hallmark.com for the sole purpose of delivering products and services.

You acknowledge that Hallmark.com is not obligated to prescreen content submitted by users, but that Hallmark.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via Hallmark.com or to refuse to accept content for use in any products or services offered on or through Hallmark.com by any user that violates these terms of service or is otherwise objectionable in Hallmark.com's sole judgment. Hallmark.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, Hallmark.com does not receive information it deems sufficient to evidence such rights, Hallmark.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that Hallmark.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Hallmark.com, its users and the public.

You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. Hallmark.com 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 Hallmark.com or the number of recipients to which you send such cards or messages.

If, in Hallmark.com’s sole determination, you violate Hallmark.com’s Member Conduct policy, Hallmark.com, may block you, and those using any email account associated with you from sending e-cards or using any or all of the services available on Hallmark.com. If you are a member of a subscription service, Hallmark.com terminate or disable your account or subscription without compensation or refund. HALLMARK.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY HALLMARK.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

PURCHASE OF PRODUCTS OR SERVICES

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Hallmark does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, photo cards) or promotional offerings are non-refundable.

SUBSCRIPTIONS

If you purchase a subscription, your subscription will begin effective on the date payment is received and will continue for the period provided for the subscription you purchased. Annual subscriptions will terminate at 12:01 am on the calendar date one year and one day from the day the subscription was purchased. E-card subscriptions cover unlimited access to all e-cards (unless specifically excluded), in keeping with the Member Conduct rules in these terms. Due to licensing restrictions, a limited number of E-Cards (identified at personalization or billing) may not be available to subscribers with Canadian billing addresses. E-card subscriptions do not include e-card add-ons, such as additional games, mobile greetings, premium Smilebox templates or gift certificates. Such additional goods and services will be charged separately. Unless specifically provided, premium e-cards are only available through our subscription and may not be purchased separately.

Annual subscriptions will be automatically renewed at the end of the subscription term unless you cancel your renewal during the current subscription period or you request a cancellation within thirty (30) days after your renewal date.

Occasionally we offer an opportunity for customers to try our subscription services on a trial basis. To sign up for the trial, you must provide payment information. If you cancel during such trial period the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge your credit card the subscription fee. No refunds will be issued after the trial period.

Your e-card subscription does not include paper greeting cards, invitations or photo cards. You may purchase paper products separately and you will be charged for each upon purchase. A separate subscription or prepaid plan for paper cards may be offered that allows you to purchase the right to order a set number of cards, prepaid, at a volume discount. Any prepayment, credits or subscription for paper cards or other tangible products may only be redeemed for products covered by such offer. Hallmark.com may discontinue or suspend the offering of such goods or services at any time and will refund the pro-rated value of any credits remaining based on the purchase price paid.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL HALLMARK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF HALLMARK.COM OR A HALLMARK.COM 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 HALLMARK.COM'S 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 AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

DISCLAIMER OF WARRANTIES

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HALLMARK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HALLMARK.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HALLMARK.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT HALLMARK.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PRODUCT INFORMATION DISCLAIMER

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on Hallmark.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Hallmark.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

UNSOLICITED SUBSMISSIONS

Hallmark.com welcomes comments regarding its products and services. However, Hallmark.com's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Hallmark.com's very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Hallmark.com. None of the Information shall be subject to any obligation of confidentiality on the part of Hallmark.com and Hallmark.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

NOTICE

Hallmark has the right to revise these Terms 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.

TERMINATION

This agreement will terminate immediately without notice from Hallmark.com if in Hallmark.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Hallmark.com and all copies thereof, whether made under the terms of this agreement or otherwise.

DISPUTES AND JURISDICTION

In the event you violate these terms of use, in Hallmark’s sole discretion, Hallmark.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

This agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to Hallmark.com or to products you purchase through Hallmark.com shall be submitted to confidential arbitration in Kansas City, Missouri, except that, to the extent you have in any manner violated or threatened to violate Hallmark.com's intellectual property rights, Hallmark.com may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Hallmark.com.

MISCELLANEOUS

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement 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.

Hallmark.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

COPYRIGHT AGENT

Hallmark.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Hallmark.com's Copyright Agent and provide the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send your copyright information to:

Copyright Agent Hallmark Cards, Incorporated
PO 419126, MD #339 Kansas City, MO 64141-6126