Welcome to Modern Greetings. The Modern Greetings website, including its software, features, applications, and services (collectively, the “Site” or “the Service” or “moderngreetings.com”) are operated by ModernGreetings.com, LLC (“Modern Greetings”), located at: 1313 Avenue R, Grand Prairie, TX 75050.
Modern Greeting reserves right, at our sole discretion, to change the Service or the Site; and change, modify, add, or delete portions of these Terms at any time. Any changes we make will be effective immediately upon posting on this Site. The most current version of these Terms supersedes all prior versions. You can determine when these Terms were last revised by referring to the date at the top of these Terms. YOUR CONTINUED USE OF THE SITE AFTER MODERN GREETINGS POSTS ANY CHANGES CONSTITUtES YOUR ACCEPTANCE OF SUCH CHANGES. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site or Service.
REGISTRATION AND AGE REQUIREMENTS
In order to access certain portions of the Service, upload content to the Site, and order product, you will need to create an account and become a “Registered User” of the Site. To become a Registered User you must be at least 18 years of age or otherwise be able to form a legally binding contract with Modern Greetings. Modern Greetings does not sell products for or to children, but sells its products to adults who can purchase with a credit card or other permitted payment method.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding moderngreetings.com account information.
You agree not to disclose your password to any third party. YOU AGREE THAT YOU ARE ENTIRELY AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR
UNDER YOUR MODERNGREETINGS.COM ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE
ANY CREDIT CARD OR OTHER APPROVED PAYMENT METHOD USED TO INITIATE AND CONSUMMATE ANY TRANSACTION MADE ON THE SITE.
You agree to immediately notify Modern Greetings administrators of any unauthorized use of your username, password, moderngreetings.com account or credit card.
USE OF THE SITE; LIMITED LICENSE
All content on the Site and available through the Service, including any images, designs, text, graphics, pictures, video, data, information, applications, software, music, sound, links and other files, and their selection and arrangement (the ”Site Content“), are the proprietary property of Modern Greetings, its users or its licensors with all rights reserved. The Site, Site Content and the Service are for personal non-commercial use only and may not be reproduced, duplicated, copied, modified, distributed, framed, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Modern Greetings’ prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post or upload on the Site.
Provided that you are eligible to set up a moderngreetings.com account and have and have registered as a Registered User, Modern Greetings grants to you a non-exclusive, non-transferable, limited license to access and use the Site and the Site Content for your personal, non-commercial use. Any use of the Site or the Site Content other than as specifically authorized herein, is strictly prohibited and may terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Modern Greetings reserves the right to terminate your moderngreetings.com account if it believes you are violating these terms.
In addition, you agree not to use the Site or Service to:
- violate any applicable laws or regulations or use the Site or the Service for any unlawful purposes or in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or the Service;
- prevent, restrict or impede any other person from using or enjoying the Site or the Service, including without limitation by means of hacking or defacing any portion of the Site or the Service;
- upload, post, order for print, email, share, store or otherwise transmit or make available any content that we deem to be unlawful, pornographic, obscene, vulgar, offensive, harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, hateful, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable;
- harm minors in any way, including without limitation uploading content that violate child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- harvest or collect information about or from users of the Site or the Service, including without limitation e-mail addresses or other contact information of other users from the Site or the Service by electronic or other means without their express consent or for the purposes of sending unsolicited e-mails or other unsolicited communications;
- use automated scripts, robot, spider, site search/retrieval applications or other devise or process to data mine, index, collect information from, or otherwise interact with the Service or the Site;
- upload, post, transmit, share or make available any software or other material that contain any viruses, worms, Trojan horses, time bombs, cancelbots, corrupt files, or any other computer code, files or programs designed to interrupt, destroy, limit or compromise the functionality of the Site or the Service;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, promotional materials, solicitations, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- impersonate any person or entity, falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
- grant access to any password-protected content, account, or areas of moderngreetings.com to another unauthorized person;
- attempt to upload images by any method to another user’s account without their express permission;
- access or use (or attempt to access or use) use another's account, without authorization from that account’s Registered User.
- access or use (or attempt to access or use) another user’s content without their express permission;
- remove any copyright, trademark or other proprietary rights notices contained in or displayed on the Site or the Service, including without limitation the Site Content;
- reverse engineer, decompile, disassemble, sell, resell, sublicense or modify any portion of the Site or the Service.
- You are solely responsible for the photos, images, graphics, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content").
- You may not post, transmit, share or otherwise use any User Content on the Site or Service that you did not create or that you do not have express permission to post. You represent and warrant that you own all right, title and interest in and to the copyrights, trademarks or other intellectual property rights in your User Content or that you have the express permission from the owner of such rights to copy and use your User Content for all purposes related to the Service. You further represent and warrant that your User Content does not and will not violate, infringe upon or misappropriate the rights (including without out limitation any copyright, trade secret right, privacy or publicity right, trademark right, or other intellectual property rights) of any third party. You hereby consent to the use of your likeness, and have obtained the written consent and/or permission of every identifiable individual who appears in your User Content to use such individual’s likeness for all purposes contemplate by or related to the Service. Images from professional photographers, websites, magazines, books, publications or other published resources are protected by U.S. Copyright law and should not be posted, uploaded, shard, copied or otherwise used on the Service without the copyright owner’s express consent.
- You understand and agree that Modern Greetings may, but is not obligated to, review the Site and may alter, delete, remove, refuse to use, process or ship (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Modern Greetings violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of moderngreetings.com Users or others.
- You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Modern Greetings.
- When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Modern Greetings an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly display, reformat, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You hereby waive any and all claims against Modern Greetings for use of such materials and ideas, even if materials or ideas are substantially similar to materials or ideas you submitted. You may remove your User Content from the Site at any time. Modern Greetings does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to Modern Greetings in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Modern Greetings makes reasonable business efforts to provide current and accurate descriptions and prices of its products. However, product prices, product availability and product promotions are subject to change without notice prior to our acceptance of your order. All prices and amounts shown on the Site are in U.S. Dollars and you hereby agree that all charges, taxes and shipping and processing fees will automatically be charged to your credit card or otherwise paid by you with an approved payment method. Tax exemptions will not be granted unless Modern Greetings receives a valid and signed tax exempt certificate with your product order.
Modern Greetings strives to ship every product order on time; however, ship dates should be considered estimates only. The estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. Modern Greetings uses UPS or other nationally recognized carriers to ship its product and shipping times may vary. Modern Greetings shall not be responsible for delays caused by shipping carriers, weather conditions, mechanical malfunctions or other unforeseen delays. You hereby agree that the shipping terms for any and all purchases are “Freight On Board Shipping Point” or “F.O.B. Shipping Point” which means that the risk of loss and title for any purchase passes to you upon our delivery to the carrier.
Modern Greetings stands behind the quality of its products. If you are not completely satisfied with any of our products, you may request an account credit, a product replacement, or a refund within 30 days of your receipt of such product.
Defective or damaged products due to our error will be reprinted and reshipped at no charge. Products containing defects due to User Content defects or errors will not be refunded; however, in some cases, Modern Greetings may (but have no obligation to do so) issue a credit to your account so you may fix the problem with the User Content and re-place the order.
Product must be returned with a completed return form to be eligible for an account credit, a product replacement or a refund. Modern Greetings will not issue refunds for shipping charges or for products returned more than 30 days after it was received.
THIRD PARTY SITES AND CONTENT
The Site contains or Modern Greetings may provide links to other web sites ("Third Party Sites") and other resources, including images, articles, photos, graphics, designs, text, video, information, applications, software and other content or items, belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, availability or completeness by Modern Greetings, and Modern Greetings is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, availability, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Modern Greetings. You assume all risks arising from or related to your use of any Third Party Sites or Third Party Content.
Modern Greetings may, from time to time, make available certain contests, sweepstakes, referral programs, product discount codes and similar promotions (collectively “Promotions”) on the Site. Such Promotions may be subject to and governed by specific rules that are separate from these Terms. Your participation in such Promotions constitutes your agreement to such rules in addition to your agreement to these Terms. To the extent of any conflict between the specific Promotion rules and these Terms, the specific Promotion rules shall control.
Product promotion codes must be used prior to the expiration date of such code and are not valid on previous product purchases. Non-shipping product promotion codes apply to printing charges only; postage, shipping and taxes are excluded unless expressly stated otherwise in the promotion code offer. Shipping promotion codes are limited to packages shipped within the Continental U.S. with the selection of the “ground delivery” option only; the maximum value of the offer may vary by product or offer. Only one promotion discount code may be used per order; promotion codes or other discount offers or credits may not be combined.
You agree to indemnify and hold Modern Greetings, its parent, subsidiaries, affiliates, related entities, distributors, licensors, advertisers and sponsors and each of their respective managers, officers, agents, employees, contractors and consultants and other representatives, harmless from and against any and all claims, demands, losses, damages and costs, including, but not limited to reasonable attorneys' fees, made by any third party due to, arising out of or related to: (i) your use of the Site in violation of these Terms; (ii) User Content you post to the Site or submit through or in connection with the Service; (iii) breach of your representations and warranties set for in these Terms; and (iv) your use or misuse of the Site or the Service (including without limitation) any all transactions to purchase product.
THE SITE, THE SERVICE, THE MATERIALS, CONTENT, FUNCTIONALITY AND FEATURES INCORPORATED THEREIN ARE PROVIDED BY MODERN GREETINS ON AN "AS IS" AND “AS AVAILABLE” BASIS. MODERN GREETINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN GREETINGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRIGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER MODERN GREETINGS NOR ANY OF ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MODERN GREETINGS AND/OR ITS PARENT, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, DISTRIBUTORS, LICENSORS, ADVERTISERS OR SPONSORS, AND/OR OUR AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND/OR OTHER AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AGREE THAT NEITHER MODERN GREETINGS, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, DISTRIBUTORS, LICENSORS, ADVERTISERS OR SPONSORS, AND/OR OUR AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND/OR OTHER AUTHORIZED REPRESENTATIVES, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SITE OR THE SERVICE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOOD WILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS BASED UPON OR RESULTING FROM (i) YOUR USE OF YOUR INABILITY TO ACCESS OR USE THE SITE, THE SERVICE OR ANY FEATURES OR CONTENT INCORPORATED THEREIN; (ii) THE ALTERATION OF, DELETION OF, CORRUPTION OF, UNAUTHORIZED ACCESS OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER DATA OR CONTENT MAINTAINED OR TRANSMITTED BY OR THORUGH THE USE OF THE SITE OR THE SERVICE; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR THE SERVICE; (iv) YOUR FAILURE TO PROVIDE MODERN GREETINGS WITH ACCURATE AND UP-TO-DATE ACCOUNT INFORMATION; (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (vi) ANY CHANGES MODERN GREETINGS MAY MAKE TO THE SITE OR THE SERVICE OR FOR ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SERVICE; AND (vii) ANY OTHER MATTER UNDER ANY THEORY OF LAW RELATING TO THE SITE OR THE SERVICE OR THE PRODUCTS OFFERED ON THE SITE OR THE SERVICE. THE FOREGOING LIMITATIONS OF LIABILTY SHALL APPLY WHETHER OR NOT MODERN GREETINGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES ARISING. Some states or jurisdictions do not allow the exclusion of certain warranties and/or limitation of liability. Accordingly, some of the above exclusions and limitations may not apply to you.
APPLICABLE LAW AND EXCLUSIVE JURISDICTION
- The Site and the Service is created, controlled and operated by Modern Greetings from its offices within the State of Texas, USA and is not intended to subject Modern Greetings to the laws or jurisdiction of any state, country or territory other than that of the state of Texas. Modern Greetings makes no representation that the Site or the Service or any content contained therein is appropriate or available for use in other locations. Those who choose to access the Site or the Service do so on their own initiative and are responsible for compliance with local laws, rules and regulations, if and to the extent such local laws rules and regulations are applicable. Modern Greetings may limit the Site’s availability, in whole or in part, for any reason or no reason, at any time.
- This agreement, disclaimers, terms, and conditions, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State, without giving effect to any principles of conflicts of laws. ANY ACTION YOU, ANY THIRD PARTY, OR MODERN GREETINGS BRING TO ENFORCE THIS AGREEMENT OR OTHERWISE BROUGHT IN CONNECTION WITH ANY MATTERS RELATED TO THE SITE OR THE SERVICE SHALL BE BROUGHT ONLY AND EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS LOCATED IN TARRANT COUNTY, TEXAS, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SAID COURTS. Notwithstanding the foregoing, you hereby agree that Modern Greetings shall have the right to apply for injunctive relief in any jurisdiction.
Modern Greetings respects the intellectual property rights of others, and expects that you do the same. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Modern Greetings’ Copyright Agent with the information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim to be infringing is located on the Site;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that all notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (the “DMCA”). For details please visit http://www.copyright.gov. All notices and counter-notices should be sent to Modern Greetings Copyright Agent as follows:
Attn: Legal Department - Copyright Agent
1130 Avenue H E
Arlington, TX 76011
ENTIRE AGREEMENT; NO WAIVER
These terms constitute the entire agreement between you and Modern Greetings with respect to your use of the Site or the Service. The failure of Modern Greetings to exercise or enforce any right or remedy in these Terms will not constitute a waiver of such right or remedy. If one or more provisions contained in these Terms is found by a court of competent jurisdiction to be unlawful, invalid or for any reason unenforceable, then that provision shall be removed from the Terms and shall the remaining provisions of the Terms will continue to be valid and enforceable.
Modern Greetings may, in its sole discretion and without cause or notice to you: (i) suspend, limit or terminate your access to or your use of the Site and or the Site Content and/or any User Content; (ii) suspend, limit your access to or terminate your moderngreetings.com account; or (iii) remove any User Content from its servers or directories. Upon termination of your moderngreetings.com account for any reason, Modern Greetings may, in its sole and absolute discretion, delete all information, files and materials related to or associated with your moderngreetings.com account, including deletion of any submitted and/or stored User Content, email addresses or passwords. You hereby agree that Modern Greetings shall have no liability to you or any third party whatsoever related to or a result of any suspension, limitation or termination of access to the Site, your moderngreetings.com account, your User Content and/or the deletion of any User Content, email addresses, passwords or other information, files or materials related to or associated with your moderngreetings.com account.