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TERMS OF USE
Welcome to Hallmark.com. Hallmark.com provides services to you under the following terms of use, which we may update from time to time without notice to you. By using this site you agree to these terms of use. Please read these Terms of Use carefully before using Hallmark.com. Your continued use of Hallmark.com indicates your agreement to be bound by these terms of service in effect at the time of such use. The term term "Hallmark.com" used in these terms of use means Hallmark.com, Hallmark Cards, Incorporated and its subsidiaries.

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

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 and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hallmark.com 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.

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.

MEMBER CONDUCT
You agree that any information you provide to Hallmark.com is truthful and accurate. You agree to not use Hallmark.com to upload, post, email, send by e-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 or post to or through the site; 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 entit and that you will indemnify Hallmark.com for all claims resulting from content you supply. By submitting Content to any "Public Area"(e.g. public chat rooms, Discussion Groups, etc.) or responding to a request for Content from Hallmark.com (celebration ideas, craft ideas) you automatically grant, or warrant that the owner of 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) 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.

You acknowledge that Hallmark.com does not pre-screen content submitted by members, but that Hallmark.com shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via Hallmark.com by any user that violates these terms of service or is otherwise objectionable. 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 the rights of third-parties; or (d) protect the rights, property, or personal safety of Hallmark.com, its users and the public.

Hallmark.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, 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.

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 KINDS, 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
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the terms of service or privacy policy by displaying notices or links to notices to you generally on Hallmark.com.

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
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: