Terms and Conditions

Agreement Between User and Jewish eCards & More LLC
Welcome to Jewish eCards & More. This website is designed to provide you the user with the ability to personalize and send electronic cards and invitations using formats and examples that are adapted for Jewish and some secular holidays and other events. The www.jewishecardsandmore.com website (the "Site") is comprised of various web pages operated by Jewish eCards & More LLC ("Jewish eCards" or “Our”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms.  And these Terms contain provisions that limit Our liability to you. Please read these terms carefully.

In order to use services through Jewish eCards, you must be thirteen (13) years of age or olderWe strongly encourage parents and guardians to supervise the activity of all children under the age of eighteen (18) when using the Internet.

Electronic Communications
Visiting the Site, sending invitations from the Site, or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  And you agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You may not use another user’s account.  If you notice or suspect an unauthorized use of your account or a breach of security, you must immediately notify Jewish eCards. You are liable for any loss of Jewish eCard or its associates due to any unauthorized use of your account or other breach of security.  You acknowledge that Jewish eCards is not responsible for third party access to your account that results from theft or misappropriation of your account.  Jewish eCards and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.

Cancellation/Refund Policy
Jewish eCards will issue a full refund within fourteen (14) business days from a purchase or renewal, but not otherwise. 

Automatic Renewal
Jewish eCards will retain your credit card information and automatically renew your membership annually.  To prevent this automatic renewal contact Jewish eCards at the email address below and cancel your membership before the expiration of your membership.

Links To Third Party Sites/Third Party Services
The Site may contain links to or advertisements for other websites ("Linked Sites"). The Linked Sites are not under the control of Jewish eCards and Jewish eCards is not responsible for the contents, privacy policies, or any practice of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Jewish eCards is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jewish eCards of the site or any association with its operators.  Your use of this Site expressly releases Jewish eCards from any and all liability arising from your use of any Linked Sites or service therein.

Certain services made available via the Site are delivered by third party sites and organizations.  By using any product, service or functionality originating from the Site you hereby acknowledge and consent that Jewish eCards may share such information and data with any third party with whom Jewish eCards has a contractual relationship to provide the requested product, service or functionality on behalf of www.jewishecardsandmore.com users.

Third Party User Accounts
You may be able to connect your Jewish eCards account to third party accounts. By connecting your Jewish eCards account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. For example, if you post an invitation to a third party social networking site, depending on the privacy settings of that third party networking site, information regarding that invitation may be more publicly available than if the invitation had been distributed by Jewish eCards.

No Unlawful Or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to personal access and personal use of the Site strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Jewish eCards that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use for any commercial purpose, or sell, any Jewish eCard service, product, or product of Our services. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not use the Site to send SPAM, advertisements, or chain letters. You may not obtain or attempt to obtain mailing lists that you do not have legal access to, or send email using mailing lists that you do not have legal access to. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.       

Intellectual Property
All content included as part of the Site, such as eCards, eInvitations, text, graphics, logos, images, audio clips, video clips, digital downloads, as well as the compilation thereof, and any software used on the Site, is the property of Jewish eCards or its suppliers and protected by United States and international copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.  Certain limited content that is in the public domain will be specifically labeled “in the public domain” and this indicates that the labeled content is not the property of Jewish eCards or its suppliers.

You are not allowed to take or otherwise use content from the Site in any manner not specifically provided for by the Site. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site in any way not specifically provided for by the Site.  Jewish eCards content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use as provided for by the Site, and will make no other use of the content without the express written permission of Jewish eCards and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Jewish eCards or Our licensors except as expressly authorized by these Terms.

Materials Provided To The Site Or Posted On Any Jewish Ecards Web Page
Jewish eCards does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Jewish eCards webpage or Our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jewish eCards, Our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of Our and their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.  Jewish eCards is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Jewish eCards's sole discretion.   By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  You will not post, upload, input, provide, submit, or otherwise use a Submission unless you have legal rights to that Submission or have received all necessary consents to both your use and Jewish eCard’s use of the Submission.

Use Of Communication Services
The Site may contain electronic cards, electronic invitations, blogs, comment areas, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services,  you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to this Site or the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless a Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions (including your own), legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

Jewish eCards has no obligation to monitor the Communication Services.  However, Jewish eCards reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  Jewish eCards reserves the right to terminate your access to the Site and any or all of the Communication Services at any time without notice for any reason whatsoever.  Jewish eCards reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jewish eCards's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Jewish eCards does not control or endorse the content, messages or information found in any Communication Service and, therefore, Jewish eCards specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized Jewish eCards spokespersons, and their views do not necessarily reflect those of Jewish eCards.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

International Users
The Site is controlled, operated and administered by Jewish eCards from Our offices within the USA.  Jewish eCards makes no representation that materials on this Site are appropriate or available for use in locations outside the United States.  If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Jewish eCards Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Jewish eCards, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Jewish eCards reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Jewish eCards in asserting any available defenses.

Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors.  Changes are periodically added to the information herein.  Jewish eCards and/or its suppliers may make improvements and/or changes in the site at any time.

Jewish eCards and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.  Jewish eCards and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Jewish eCards and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Jewish eCards or any of its suppliers has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction
Jewish eCards reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice or refund.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in the county of Santa Clara, California in all disputes arising out of or relating to the use of the Site.  You also consent to the personal jurisdiction of those courts for any litigation arising out of or relating to the use of the Site.  You also waive the right to pursue any dispute with or claim against Jewish eCards as part of a class action.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jewish eCards as a result of this agreement or use of the Site.  Jewish eCards's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jewish eCards's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jewish eCards with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you the user and Jewish eCards with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jewish eCards with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related documents be written in English. 

Arbitration

Both the user and Jewish eCards will have the option of choosing arbitration to settle any claim for less than $10,000.  Either the user or Jewish eCards may choose to settle the dispute through binding arbitration.  If arbitration is chosen, it shall be initiated through an established, and mutually agreed upon, alternative dispute resolution (ADR) provider.  If arbitration is chosen, the user, Jewish eCards, and ADR provider must follow the following rules:  1) the arbitration will not require personal appearance, that is, it will be held by telephone, webconference, otherwise online, based on written submissions, or some combination of these, with the initiator of the arbitration choosing the method; 2) personal appearance may be involved, but only with the mutual consent of the user and Jewish eCards; and 3) any judgment by the arbitrator will be final and may be entered in a court of competent jurisdiction.

Privacy Policy
Any information you provide to us is subject to Our Privacy Policy. Jewish eCards may gather the following information  regarding a user:  first and last names, user names created by the user to access this Site, passwords created by the user to access this Site, email addresses, street addresses, telephone numbers, date of birth, age, gender, height, weight, religious preference, marital status, type of employment, employer, credit card information (account number, expiration date, billing address, security code), checking account information (financial institution, account number, check routing number), user contact first and last names, user contact email addresses, and user contact telephone numbers.

Jewish eCards will have access to any information the user enters into any invitation, ecard, or other product or service created or accessed through the Site. But Jewish eCards will not gather or retain such information beyond the extent necessary to create, send, or otherwise implement the invitation, ecard, or other product or service created or chosen by the user.

The information gathered from a user by the Site is used in the following manner. Jewish eCards will use the information gathered regarding a user as necessary to create, send, or otherwise implement the invitation, ecard, or other product or service created or chosen by the user. Jewish eCards will not sell or otherwise share information gathered regarding a user to third parties beyond the extent necessary to create, send, or otherwise implement the invitation, ecard, or other product or service created or chosen by the user.
Jewish eCards will identify certain aspects about the system you use and how you access the Site.  Jewish eCards identifies the browser used to access the Site, the webpage from which you access the Site, and the webpages you view within the Site.  Servers employed by the Site will identify your system by its IP address and Jewish eCards will retain that IP address.

The Site uses cookies.  Cookies allow the Site to provide features, such as automatic login and recognizing whether you have visited the site before.  If your browser does not accept cookies from the Site, then such features will not be available to you. 

This policy is effective as of August 16, 2016

Subsequent changes to the Privacy Policy effective on August 16, 2016
None.

Sale Of Assets
In the event that Jewish eCards is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, in full or in part, we reserve the right to transfer Our user databases to any party acquiring assets of Jewish eCards.
 
Changes To Terms
Jewish eCards reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Jewish eCards encourages you to periodically review the Terms to stay informed of Our updates.
 
Contact Us
Jewish eCards welcomes your questions or comments regarding the Terms: