You and other users may have the ability to upload to, transmit through, or otherwise make available (collectively, “Upload”) through the Hallmark Properties personalized messages, audio, video, photographs, files, data, reviews, discussions in community forums, or other materials (collectively, “User Content”). You are solely and entirely responsible for User Content that you Upload using the Hallmark Properties. You acknowledge that other users of the Hallmark Properties, and not Hallmark, are similarly responsible for all User Content they Upload using the Hallmark Properties. You agree that you have no right, title, or interest in or to any Content that you have not Uploaded that appears on or through the Hallmark Properties.
You acknowledge that Hallmark has no obligation to pre-screen, monitor, or investigate User Content, but that it reserves the right to do so.
Subject to any applicable Account settings that we may choose to make available to you, and which you may then choose to select, you grant to Hallmark a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform, and publicly display your User Content, in whole or in part, together (at Hallmark’s option) with the names and likenesses of any persons identifiable therein, in any form, media, or technology now known or later developed, for the purposes of operating and providing the Hallmark Properties and their services to you and to other users. Notwithstanding the foregoing, with respect to User Content that is provided to Hallmark solely for the purpose of incorporating such User Content into a product or service ordered by you, you grant such right to Hallmark for the sole purpose of making and delivering products and services ordered by you.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Hallmark does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to Hallmark are included in the above license you grant to Hallmark for any User Content.
You agree and understand that we are not obligated to post, keep or use your User Content.
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you Upload (or such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms, including without limitation that any other holder of any worldwide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Upload, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Upload is accurate, does not violate these Terms, and will not cause injury to any person or entity.
If you send an item (such as a card, ornament, or gift), whether such item is physical or digital, to another individual, you represent and warrant that you have the consent of the recipient to send that card or message. You acknowledge and agree that you, not Hallmark, are the sender of such card or message, and that we act merely as a delivery agent.
- Your User Content License to Hallmark
- No Confidential Relationship/No Unsolicited Materials
- Your Warranty to Hallmark