Thank you for using e-cards.io. By using e-cards.io, you agree to our Terms of Service, which is a legal agreement. If you are using e-cards.io as an organization, you are agreeing on behalf of that organization.
We may update these Terms of Service in the future. When you use our Services, you are agreeing to the latest Terms of Service. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision.
Definitions
When we say, “we”, “our” or “us,” we're referring to e-cards.io, as built and maintained by Seismic Pixels, LLC, a Maine limited liability company.
When we say “you” or “your,” we are referring to the person or entity that's registered with us to use the e-cards.io service.
When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.
When we say “Websites,” we mean our website located at e-cards.io or seismicpixels.com, including all subdomains and sites associated with these domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, APIs, applications, content and various third-party services that make up e-cards.io.
General Rules
To use e-cards.io, you must (a) be human; (b) be at least (18) years of age; (c) complete the setup process; (d) provide current and accurate information; (e) agree to these Terms; and (f) promise to follow these rules:
- You are responsible for all content you provide and your activities on our Services;
- You will use our Services in compliance with all applicable laws, rules and regulations;
- You will not use our Services to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use our Services to upload, transmit o rotherwise distribute objectionable content, as solely determinted by us.
If you break any of your promises above of any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, not-transferable, limited privilege to use our Services. Use of our Service is at your sole risk.
Intellectual Property
You own your content. We do not represent any ownership of claim of any intellectual property over the information or content you provide use or that is provided to us.
We own e-cards.io and our Services. You may not copy, reproduce, alter, modify, resell, mirror or create derivatives works of e-cards.io, our Services or our content on e-cards.io without our written permission.
You shall grant to us royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into e-cards.io or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you or your agents.
Password and Accounts
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, including any 3rd party payment gateways. You agree to notify us immediately of any unauthorized use of your account(s). We're not responsible for losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
Payment Terms
For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties and possible transaction fees. There are no refunds or credits for changes to your account or changes to the number of seats in your plan. We reserve the right to change services fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to e-cards.io or by email.
Services billed in advance are non-refundable.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by contacting us directly. There is no cancellation fee.
In the event of cancellation, we will provide you with applicable data from your account dashboard in CSV format. Once delivered, the account will be closed and cannot be recovered. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
Indemnification
You agree to hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys' fees) made against us by any third party due to or arising out of or in connection with your use of e-cards.io.
Representation and Warranties
To the maximum extent permitted by law, we provide e-cards.io on an “as is” and “as available” basis, which means we don't provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) e-cards.io will meet your specific requirements, (ii) e-cards.io will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of e-cards.io will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through e-cards.io will meet your expectations, and (v) any errors in e-cards.io will be corrected.
Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirection, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had be advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of e-cards.io and any linked sites and services. Your sole remedy against us for dissatisfaction with e-cards.io is to stop using e-cards.io. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence of any other cause of action. If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Publicity
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our Websites and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided by you to us from time-to-time. We don't want to list you if you don't want to be listed, so if that's the case, please email us at contact@seismicpixels.com stating that you do not with to be used as a reference.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of e-cards.io, including all disputes, will be governed by the laws of the United States and by the laws of the State of Maine without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cumberland County, Maine, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Questions & Contact
If you have any questions regarding this Terms of Service, please contact us by email at contact@seismicpixels.com, or please write to the following address:
Seismic Pixels, LLC
7 Stone Brook Rd
Windham, ME 04062
United States
