This electronic greetings web site (the "Site") is provided by
AniGreetings Pty. Ltd. ("AniGreetings" "AniGreetings.com"). For the purposes of
these Terms of Service, the terms "we," "us," and "our" should be deemed to
refer collectively to AniGreetings, and the terms "you" "sender" and
"your" refer to you, the user of this Site.
By accessing, browsing and/or using this Site, you acknowledge that you have
read, understand, and agree to be bound to these terms of service ("Terms") and
to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS
WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms,
please do not use this Site.
Your Use of the Site
AniGreetings hereby grants you a limited license to copy and use the
materials, features, e-greetings deliverables, software and services
provided on this Site (collectively the "Materials") solely for your personal,
non-commercial use, subject to these Terms. You may not sell, rent, publish,
alter, reverse engineer, disassemble, or create derivative works based
(whether in whole or in part) on any of the Materials. The design and
layout of the Site are specifically excluded from the Materials. No other use
of the Site or Materials is authorized without AniGreetings' written consent.
You agree that any copy of the Materials (or any portion of the Materials) that
you make shall retain all copyright and other proprietary notices contained
herein or therein. Framing of the Site or Site Materials or posting of
Materials on other web sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site
may be the subject of intellectual property rights reserved
by AniGreetings and/or its third party licensors. Except for the limited
license granted above, nothing contained herein shall be construed as
conferring to you in any manner, whether by implication, estoppel or otherwise,
any license, title, or ownership of or to any of our intellectual property
rights, or those of any third parties.
Copyright and Trademark Information
All of the Material available on the Site are copyright ©
2003-2006, AniGreetings Pty. Ltd., or used under license. All rights
reserved.
AniGreetings, AniGreetings.com, and the AniGreetings Logo, are trademarks
and registered trademarks of AniGreetings Pty. Ltd. All rights
reserved.
Acceptable Use Policy
AniGreetings has adopted the following Acceptable Use Policy in order to
assure that their e-greetings are used in a lawful and appropriate manner.
While we do not ordinarily monitor the content of users' e-greetings, we
reserve the right to investigate reports of misuse of our services and to
protect our property and assets. The following conduct is prohibited on the
service:
-
Sending harassing, abusive, or threatening messages;
-
Sending obscene or pornographic messages or images;
-
Sending defamatory or libelous messages;
-
Sending viruses or other harmful, disruptive, or destructive files;
-
Attempting to steal passwords or personal information;
-
Sending messages in furtherance of unlawful, criminal, or fraudulent activity;
-
Attempting to conceal or misrepresent the identity of the sender; or
-
Restrict or inhibit any other person from using the Site, including by means of
hacking or defacing any portion of the Site.
Violations of the Acceptable Use Policy will not be tolerated and may result in
the sender being blocked from sending additional e-greetings on the service. If
the sender is a member of our service, we may disable the sender's account
without compensation or refund. ANIGREETINGS RESERVES THE RIGHT IN THEIR
SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING E-GREETINGS RECIPIENTS,
THEIR COUNSEL, AND/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 US TO
ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE
VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU.
BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
If you are a member of our service, you are responsible for all usage or
activity on your account, including the use of the account by any third party
authorized by you to use your password.
IP Addresses And Anonymity
WE INCLUDE THE SENDER IP ADDRESS IN THE HEADER INFORMATION OF EACH GREETING
NOTIFICATION E-MAIL WE SEND. IT IS AVAILABLE TO THE GREETINGS RECIPIENT AND
ANYONE ELSE TO WHOM IT IS FORWARDED. AN IP ADDRESS, BY ITSELF, CANNOT IDENTIFY
YOU PERSONALLY. HOWEVER, WHEN COMBINED WITH OTHER INFORMATION PROVIDED BY YOUR
INTERNET SERVICE PROVIDER (ISP), YOUR IP ADDRESS CAN BE USED TO IDENTIFY THE
COMPUTER ORIGINATING A MESSAGE. THIS LIMITS YOUR ABILITY TO COMMUNICATE
ANONYMOUSLY USING E-GREETINGS. E-GREETINGS ARE NEITHER INTENDED NOR APPROPRIATE
FOR ANONYMOUS COMMUNICATIONS, AND SUCH ACTIVITY IS EXPRESSLY PROHIBITED. IF YOU
DO NOT WANT TO SHARE YOUR IP ADDRESS, YOU SHOULD NOT SEND E-GREETINGS.
Purchase And Use of Personalization Credits
Users must purchase personalization credits ("Credits") prior
to using our e-greetings personalization services unless the service is
offered free-of-charge as specified on the Site. In compliance with the
Australian Goods and Services Tax ("GST") Act 1999, users residing in Australia
must purchase Credits in Australian currency, in which the price includes
GST ("Taxed Credits"). Users residing in countries other than Australia may
purchase Taxed Credits in either Australian currency, or a
non-Australian currency, in which the price does not include GST ("Tax-free
Credits"). You may use Tax-free Credits outside of Australia, in the
production of personalized e-greetings that are to be sent to
recipients residing in countries other than Australia. Otherwise, you
must use Taxed Credits purchased in Australian currency if you
and/or one of the intended recipients reside(s) in Australia.
Every personalization credit purchased may be consumed within 180 days
from the date when the payment for such credit is settled, unless
specified on this Site otherwise.
Spam
You may not use this Site to send online e-greetings to mailing lists to which
you do not have full rights or to send unsolicited bulk or commercial messages.
In addition, the use of automated scripting-type programs that automate the
process of sending or viewing any of the Materials is strictly prohibited. We
reserve the right to limit, in our sole discretion and without prior notice to
you, the number of e-greetings or messages that you may send using the
Site and/or the number of recipients to which you send such e-greetings or
messages, within a period of time.
You are solely responsible for your actions and communications undertaken or
transmitted using this Site. Neither we nor our affiliates exercise editorial
control over your transmissions; however, we do reserve the right to review
your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
AniGreetings may feature on this Site, in its newsletter e-mails to
you links to third-party web sites. These may appear in the form of text links,
advertisements, banners, buttons, integrated gift services, digital cash,
digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE
THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT
AFFILIATED IN ANY WAY WITH US AND WE MAKE NO REPRESENTATIONS AS TO THE QUALITY,
FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE
AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. WE WILL NOT
REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF
TRANSACTIONS WITH ANY ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN
SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link
located at another web site. Neither we nor our affiliates make any
representations or give any warranties with respect to any information
contained in or at these other sites and neither we nor our affiliates shall be
liable for any damages or injury arising from the content of these other sites.
Neither we nor our affiliates endorse the individuals, companies, or other
similar entities, or any products or materials associated with such
individuals, companies, or other similar entities, that provide a link to this
Site.
Warranty Restriction; Limitation Of Liability
If the duration for the personalized version of an e-greeting
("Personalized E-greeting") to be produced is longer than what the
Credit (being consumed for the production of the e-greeting in
question) claims, we shall be liable for the refund in terms of a new
Credit of the same type as that of the Credit consumed for
the production of the e-greeting in question. This is known as the
free-order warranty. The aforesaid duration is measured between the time
you submit the request to produce the Personalized E-greeting, and the
time the production of the Personalized E-greeting is complete. The
aforesaid duration does not include the time taken for
the notification e-email to be delivered to and read by the
recipients, after the production of the Personalized E-greeting is complete.
APART FROM THE FREE-ORDER WARRANTY SPECIFIED ABOVE, THE MATERIALS, INFORMATION,
NOTIFICATION E-MAILS OF ANY KIND, AND SERVICES PROVIDED ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT
NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING
COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. WE ARE NOT
RESPONSIBLE FOR ANY FAILURE OF E-GREETINGS NOTIFICATION E-MAILS SENT THROUGH
THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON
THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE
SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY
AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR
ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE
SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES
TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH
OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF
LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR
INAPPLICABLE, YOU AGREE THAT ANIGREETINGS, AND ITS AFFILIATES' AGGREGATE
LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER WE NOR OUR AFFILIATES TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY
FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR
FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY,
PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU
MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS ANIGREETINGS, ITS
AFFILIATES AND PARTIES WITH WHOM IT HAS CONTRACTED FOR PURPOSES OF HOSTING OR
MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS
MADE AVAILABLE BY YOU ON THE SITE.
Refund Policy
No refunds in monetary terms will be made by AniGreetings for any reason except
that:
-
when you terminate your membership and you have unused Credits remaining; or
-
if an invoice is expired, or you cancel an
invoice unintentionally while you are making a payment for the
aforesaid invoice.
AniGreetings can issue the refund in monetary terms through Paypal
only. If you are eligible for a refund in monetary terms, you agree
to supply us your registered e-mail address of your Paypal
account before we can issue you the refund.
AniGreetings will issue refunds in terms of new Credits of the same type as that
of the Credits related to, or consumed by the subjects of claims, if you:
-
are in the situation covered by the free-order warranty; or
-
convert Tax-free Credits into Taxed Credits; or
-
convert Personalized E-greetings that are produced out of Tax-free
Credits, into Personalized E-greetings that are produced out of Taxed
Credits.
Apart from situation covered by the free-order warranty, it
is AniGreetings' sole discretion on whether or not a refund, in terms of
new Credits, should be made. If we determine that you are
eligible for such refund, we reserve the right to determine how the refund
should be calculated.
Making a Payment for an Invoice that is Expired or Cancelled
You will be invoiced when you indicate to the Site that you are ready to check
out the items you have ordered. You are given 30 minutes to make a payment on
an unpaid invoice before it expires.
If an invoice is expired, or you cancel an
invoice unintentionally while you are making a payment for the
aforesaid invoice, AniGreetings will keep the settled payment on hold and
we will generally grant you a full refund equals to the
total price indicated on the invoice in no more than 48 hours
from the time the payment is settled. If the payment is pending to be cleared
by the bank or other funding parties, we will generally arrange to have the
payment transaction cancelled in no more than 48 hours from the time you make
the payment.
Although we cannot technically restrict you completely
from canceling an invoice unintentionally while you are making a payment
for the aforesaid invoice, nor can we stop you completely from making a payment
for an invoice that has just been expired, AniGreetings reserves the right to
refuse refund of any kind or to cancel any pending payment
transactions if you, in our sole discretion, have been found
repeatedly or intentionally paying for invoices that are cancelled by
you, or are expired.
Termination of Membership
If you are a member of our service, you may terminate your account by
contacting us in writing at the following URL:
http://www.anigreetings.com/ContactUs or you may write to the
following address: 24 Greythorn Road, Balwyn North, VIC 3104, Australia.
If you elect to terminate your account, you agree that you will be refunded of
any unused Credits remaining at 80% of their original purchase
value.
Indemnification
You hereby indemnify, defend and hold harmless AniGreetings, and their
affiliates, and all officers, directors, owners, agents, content providers,
licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you or any user of your account of
this Agreement. You shall cooperate as fully as reasonably required in defense
of any such claim. We reserve the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification by you.
Enforcement
In the event we determine, in our sole discretion, that you have violated these
Terms, we shall have the right to immediately terminate your account (with or
without refund in monetary terms), refuse membership, or block the sending or
receipt of e-greetings from our Site, and/or pursue any other remedies
available to us under applicable law.
Governing Law
This Agreement is governed by the laws in force on the State of
Victoria, Australia, and shall be subject to the non-exclusive
jurisdiction of the counts of Victoria, Australia.
Updates to Terms
We shall have 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. If any changes occur, we will publish the
updated version of the Terms to the Site with special indication next
to the "Terms of Service" link at the bottom of each page, at
least one month in advance of its effective date. We will also take
reasonable steps to inform you of such changes by e-mail.
Privacy Policy
The terms of our privacy policy can be found by
clicking here.