This Privacy Policy sets out how ECARDBOX uses and protects any information that you give ECARDBOX when you use this website.

ECARDBOX is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

ECARDBOX may change this policy from time to time by updating this page. Therefore, you should check this page from time to time to ensure that you are in agreement with any changes. This policy is effective from October 1, 2011. If you do not agree to this Privacy Policy, please do not use this website.

What we collect

We may collect the following information:

• Name
• Email address
• Other information relevant to customer surveys, offers, and/or advertising
• Non-personally identifiable information (in some cases as part of the internet communication protocol) when ECARDBOX and ECARDBOX pages are visited

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular, for the following reasons:

• Internal record keeping
• Improve our products and services
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided
• We may use the information to customize the website according to your interests
• We may provide your information to our third party partners for marketing or promotional purposes

How we use cookies

A cookie is a small file that asks permission to be placed on your computer's hard drive. By using ECARDBOX, you agree that this file is added and the cookie helps analyze web traffic. Cookies can also allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to our users’ needs.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website contains special functionality to enable you to sort and deliver content from other third-party websites easily. However you should note that we do not have any control over other third-party websites. Therefore, we cannot be responsible for the type of content that is served to you. Also, such third-party websites are not governed by this privacy statement. You should exercise caution and review the Privacy Policy and Terms of Use applicable to the third-party website in question.

IP Addresses

ECARDBOX collects and analyzes traffic on our website by keeping track of the IP addresses of our visitors. IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. 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. ECARDBOX includes the sender's IP Address in the source of each ecard HTML that is created at the website. This is available to the ecard recipient and anyone else who has access to the recipient's ecard. This limits your ability to communicate anonymously using ecards. Ecards are not intended for anonymous communications, and such activity is expressly prohibited by our Terms of Use.

Correspondence

When you send one of ECARDBOX’s ecards, the information you provide to us is used to customize your greeting with the recipient's(s’) name and with your message, and to deliver an email to the recipient(s). ECARDBOX treats our ecards as private correspondence between the sender and the recipient(s) and the contents will not be disclosed to anyone other than the intended recipient(s). Under normal circumstances, ECARDBOX will not monitor or edit the contents of the online ecards you send. Occasion, however, we may need to view your message in connection with the technical processing of your ecard or the maintenance of our network.

If ECARDBOX has a reason to believe, that an ecard has been sent using a false email address or attempt to pose as someone else sending an ecard, information about you - including your computer's IP address - may be disclosed as part of any investigation into your actions.

Processing

We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, and/or other third-party websites, businesses or persons for the purpose of processing such information on our behalf.

Information

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant. ECARDBOX also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that ECARDBOX believes is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to protect the security or integrity of our web site, to assist government enforcement agencies, and to protect the rights or personal safety of ECARDBOX, our users or others.

Advertising

ECARDBOX allows third-party companies to serve ads within ECARDBOX. By using your IP address, these third-party companies use technology to send, directly to our users’ browsers, advertisements and links that may appear on ECARDBOX. Third-party companies may also use other technologies (such as cookies) to personalize the advertising content you see. Users should review the privacy policies of these third-party companies for more information on their practices and for instructions on how to opt-out if desired. ECARDBOX’s Privacy Policy does not apply to the activities of these third-party companies or advertisers. THE GOODS AND SERVICES AVAILABLE THROUGH THESE THIRD-PARTY COMPANIES ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH ECARDBOX, OR ITS PARENT OR AFFILIATED COMPANIES. ECARDBOX MAKES 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. ECARDBOX WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY ECARDBOX ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

There may be circumstances where access to ECARDBOX is provided by a link located at another website. Neither ECARDBOX nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither ECARDBOX nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither ECARDBOX nor its affiliates endorses 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 ECARDBOX.

Security

ECARDBOX uses commercially reasonable physical, managerial, and technical safeguards to preserve the security and integrity of your personal information. ECARDBOX cannot, however, ensure or warrant the security of any information users transmit to ECARDBOX and users do so at their own risk. ECARDBOX makes commercially reasonable efforts to ensure the security of our systems. However, ECARDBOX cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of ECARDBOX’s technical, managerial, or physical safeguards.

Transfer through Sale or Merger

In the event that ECARDBOX is acquired by or merged with a third-party entity, ECARDBOX reserves the right to transfer or assign the information we have collected from our users as part of such sale, merger, or other change of control.

Bankruptcy

In the event of ECARDBOX bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, ECARDBOX may not be able to control how users’ personal information is treated, transferred, or used.

Third Parties' Practices

This Privacy Policy does not cover the information practices exercised by other third-party websites, providers of products or services, advertisers, or companies/people that ECARDBOX does not own or control, or does not employ or manage.

Non-U.S. Users

ECARDBOX is hosted in the United States. If you are accessing ECARDBOX from a jurisdiction with privacy laws or regulations that differ from United States laws, please be advised that through your continued use of the Website, you are transferring your personal information to the United States and you consent to that transfer.

Questions or Comments

If you have any questions, comments or suggestions regarding our website's Privacy Policy, or regarding any other aspects of our website, please email us at: contact@ecardbox.com.

Last Updated

October 1, 2011

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Introduction

These Terms of Use govern your use of ECARDBOX; by using ECARDBOX, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use ECARDBOX.

You must be at least 13 years of age to use ECARDBOX. By using ECARDBOX you warrant and represent that you are at least 13 years of age.

ECARDBOX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites that it uses. In addition, ECARDBOX will not and cannot censor or edit the content of any third-party sites. By using ECARDBOX, you expressly relieve ECARDBOX from any and all liability arising from your use of any third-party websites.

ECARDBOX encourages you to read the Terms of Use and Privacy Policy of third-party websites that ECARDBOX uses to deliver content.

License to Use Website

Unless otherwise stated, ECARDBOX and/or its third-party websites own, or are licensed to use, the intellectual property rights in the ECARDBOX website and material on the ECARDBOX website. Subject to the license below, all these intellectual property rights are reserved. ECARDBOX encourages you to read the Terms of Use for the third-party websites ECARDBOX uses.

Further, you may use ECARDBOX subject to the restrictions set out below and elsewhere in these Terms of Use, and the Terms of Use of the third-party websites.

You must not:

• republish material from ECARDBOX and/or its third-party websites (including republication on another website);
• sell, rent, or sub-license material from ECARDBOX and/or its third-party websites;
• reproduce, duplicate, copy or otherwise exploit material on ECARDBOX and/or its third-party websites for a commercial purpose;
• edit or otherwise modify any material on ECARDBOX and/or its third-party websites;
• redistribute material from ECARDBOX and/or its third-party websites except for content specifically and expressly made available for redistribution;
• transmit any material which contains software viruses, or other harmful computer code, files or programs; or
• use or launch any automated system, including without limitation, “spiders”, "robots," etc. that accesses ECARDBOX in a manner that sends more request messages to ECARDBOX servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Acceptable use

You must not use ECARDBOX in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of ECARDBOX and/or its third-party websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use ECARDBOX to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to ECARDBOX and/or its third-party websites without ECARDBOX’s express written consent.

You must not use ECARDBOX to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ECARDBOX’s express written consent.

For further clarity, the following conduct is prohibited on the service:

• sending harassing, abusive, or threatening messages;
• sending defamatory or libelous messages;
• sending obscene or pornographic messages or images;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• attempting to conceal or misrepresent the identity of the sender.

User content

In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. For third-party content that is viewed, sorted, and sent from ECARDBOX, ECARDBOX encourages you to read the Terms of Use of the third-party websites ECARDBOX uses.

Subject to the restrictions set out below and elsewhere in these Terms of Use and the Terms of Use of third-party websites, you grant to ECARDBOX a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ECARDBOX the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or ECARDBOX or a third-party website (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ECARDBOX reserves the right to edit or remove any material submitted to this website, or stored on ECARDBOX’s servers, or hosted or published upon this website.

Notwithstanding ECARDBOX’s rights under these Terms of Use in relation to user content, ECARDBOX does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Limitations of Liability

ECARDBOX will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for death, personal injury or property damage;
• for any indirect, special or consequential loss;
• for any unauthorized use of our servers and/or any and all personal information and/or financial information stored therein;
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of personal information or data;
• for any viruses, bugs, Trojan horses, spyware, worms, keystroke loggers, rootkits or other malicious computer software or the like, that may be transmitted through ECARDBOX or its third-party web-sites;
• for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use if any content on or through ECARDBOX, whether based on contract, warranty, tort, or any other legal theory, and whether or not ECARDBOX is advised of the possibility of such damages.

These limitations of liability apply even if ECARDBOX has been expressly advised of the potential loss.

You specifically acknowledge that ECARDBOX shall not be liable for content or the illegal, offensive, or defamatory conduct on any third-party and that the risk of damage or harm from the forgoing rests entirely with you.

Digital Millennium Copyright Act

ECARDBOX respects the intellectual property rights of others, and requests you to do the same. ECARDBOX does not permit copyright infringing activities and infringement of intellectual property rights on its website or related services, and ECARDBOX will remove all content if properly notified that such content infringes another's intellectual property rights. ECARDBOX reserves the right to remove content without prior notice. ECARDBOX may remove such content due to a violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing ECARDBOX with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ECARDBOX's for notice of claims of copyright infringement can be reached at contact@ecardbox.com.

Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.




Warranty Disclaimer

This website is provided “as is” without any representations or warranties, express or implied. ECARDBOX makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ECARDBOX does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

YOU AGREE THAT YOUR USE OF ECARDBOX SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ECARDBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ECARDBOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. ECARDBOX DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND ECARDBOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Reasonableness

By using this ECARDBOX, you agree that the exclusions and limitations of liability set out in ECARDBOX’s disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, ECARDBOX has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ECARDBOX’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ECARDBOX’s officers, employees, agents, subsidiaries, successors, assigns, sub-contractors, and its third-party websites, as well as ECARDBOX.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of ECARDBOX’s disclaimer.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ECARDBOX, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access of ECARDBOX; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your user content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of ECARDBOX.

Breaches of these Terms of Use

Without prejudice to ECARDBOX’s other rights under these Terms of Use, if you breach these Terms of Use in any way, ECARDBOX may take such action as ECARDBOX deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ECARDBOX may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of this website from the date of the publication of the revised Terms of Use on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ECARDBOX may transfer, sub-contract or otherwise deal with ECARDBOX’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms of Use constitute the entire agreement between you and ECARDBOX in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.