AniGreetings.com Terms of Service

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.

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Copyright © 2003-2006 AniGreetings Pty Ltd. All rights reserved.