Baby Card Expressions

Baby Card Expressions, Terms of Use.

Date of Last Revision: 9/9/08

Welcome to Baby Card Expressions, a photo card creation site that allows you to personalize printed invitations and announcements with your personal photographs. (the “Service”). By accessing or using our web site at babycardexpressions.com (the " Web Site"), you (the "User" or “Contributor”) signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you place an order. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Web Site. It is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Purpose of the Service

The Service allows you to submit photos through the Web Site and provide information about your invitation or announcement. Baby Card Expressions will then incorporate your photo and accompanying information into a printed card (“Card”) a proof of which will be e-mailed to you for your review and final approval before printing.

Proprietary Rights in Web Site Content; User Content; Cards

All content on the Web Site, other than User Content as defined below, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Web Site Content"), are the proprietary property of Baby Card Expressions with all rights reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Baby Card Expressions’ prior written permission. You may not republish Web Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Web Site Content is strictly prohibited. Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of Baby Card Expressions, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

“User Content” means the photos that you have uploaded to the Web Site, the information provided by you to be included on the Card, and testimonials you may contribute to the Web Site.

Once the Card is complied, you agree that Baby Card Expressions owns all copyrights in the Card as a compilation within the meaning of United States Copyright Law, and that Baby Card Expressions may register the Card as a compilation in its name with the United States Copyright Office. You may not make copies of the Cards, create derivative works based on the Cards or distribute copies of the Cards you have not purchased from Baby Card Expressions. Baby Card Expressions reserves all rights in the Card not otherwise expressly granted in these Terms of Use.

Baby Card Expressions may, but will not necessarily, use Digital Rights Management technology (“DRM”), including possibly the embedding of DRM in any Cards or electronic files of Cards, to protect itself from the unauthorized infringement of its copyright in the Cards. You shall not remove or disable, or attempt to remove or disable, any DRM used by Baby Card Expressions for this purpose.

Refunds

Due to the custom nature of our products, we do not accept any returns, and there are no refunds - all sales are final. Once payment has been processed, the sale has taken place, and no refunds may be processed at that point. We are careful with your order, and will do everything possible to check and print your order. We do ask that you check your proof very carefully, and possibly have another person proof read your proof for any spelling, grammar and layout issues before you give your final approval. If requested, we will provide you a single hard copy proof via regular US Mail, prior to placing your order. This can take anywhere from 3-7 days (for photopaper) and 7-14 days (for cardstock 5x5 and 5x7), and will add to the lead time of your order. Hard copy proofs are NOT available for labels or notecards.

Trademarks

BABY CARD EXPRESSIONS and other Baby Card Expressions graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Baby Card Expressions in the U.S. and/or other countries. Baby Card Expressions’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Baby Card Expressions.

User Conduct

You understand that the Service and the Web Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web Site or for any other purpose. You further agree that you may not use the Service or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Service or the Web Site to:

upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

upload, post, transmit, share or otherwise make available any information that you know is false or misleading;

upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person’s consent;

solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Baby Card Expressions, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Baby Card Expressions or its Users to any harm or liability of any type.

If you become aware of misuse of the Service by any person, please contact Baby Card Expressions.

User Content Posted on the Web Site

You acknowledge that you are responsible for the photos and information that you submit to the Web Site. This means that you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. This also means that by submitting any User Content, you represent and warrant that you are the parent or guardian of the minor associated with the User Content, or have permission from the minor’s parent or guardian, and have the legal right to submit such User Content. You understand and agree that Baby Card Expressions may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of Baby Card Expressions violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.