Summary of Hallmark Cards Terms and Conditions
This is a summary only. Complete terms and conditions are set
out below and can be accessed by scrolling down this page. Please
note that while our terms may change from time to time, you will
always find the most recent version here.
- Your personal information is protected: Your
privacy is important to us and we take great care to protect it.
Please see our Privacy Policy for
details.
- You control who sees your photos: The Site is
designed to provide a private, secure place for you to store and
share your photos. Only you and the friends and family members you
invite have access to your photos.
- Email communication: Hallmark Cards intends to
send and you agree to receive email confirmations regarding orders
placed with Hallmark Cards.
To read the complete Hallmark Cards Terms and Conditions, please
see below.
Hallmark Cards Terms and Conditions
Before you enter the Site or use any of the Hallmark Cards
services, it is important that you carefully review the Terms and
Conditions set out below (the "Terms"). In addition, specific pages
on the Site may set out additional terms and conditions, all of
which are incorporated by reference into the Terms. Terms may be
changed or updated at any time, but you can always find the most
recent version here. Please see the section below entitled
"Modification of Terms" for more information. In the case of
inconsistencies between these Terms and information included in
off-line materials, these Terms will always control.
By your initial acceptance of the Terms and your continued use
of the Site, you indicate that you accept the Terms and that you
agree to be bound by and subject to them. Acceptance of the Terms
creates a binding legal agreement between you and Hallmark Cards
that you will use the Service only in a manner that is consistent
with the Terms. If you have questions about the Terms, please
contact us at info@hallmarkcards.com.au.
Your use of the Site and its services (together, the "Service") is
entirely conditioned on and subject to your compliance with the
Terms. If you do not agree with the Terms, you will not be able to
access the Site or use the Service.
- Terms of Use
- Digital Image Storage
- User Conduct
- No Resale of Service
- Third Party Software
- Privacy Policy
- Copyright
- Indemnity
- Limited Warranty
- Limitation of Liability
- Termination
- Choice of Law
- Modification of Terms
- Entire Agreement
- Reporting Violations
I. Terms of Use
You must be a Hallmark Cards member and reside in Australia to
become a member of the Site ("Site Member") and use the Service.
The Service is only available to you if you submit certain
requested information to Hallmark Cards, including (but not limited
to) your name and a valid Hallmark Cards membership number and a
valid email address. In addition, by becoming a Site Member, you
agree to provide us with true, accurate, current and complete
information about yourself when such information is required for
the Services you select.
A condition of being a Site Member is your "Active
Participation" in the Service. Active Participation means
purchasing photo merchandise (including reprints and enlargements)
through the Site at least once every 365 days. If your Site Member
account is inactive for more than 365 days, we may terminate your
Site Membership (or any part thereof) or use of the Service, and
remove and discard any content, including (without limitation) any
and all information, communications, postings, albums, image files
or any other content within the Service. Please refer to Termination for more terms affecting your Site
Membership.
II. Digital Image Storage
As long as you are an active participant in the Site, we offer
unlimited storage of your online photos from digital photos that
you upload to your account. There is no limit to the number of
digital photos you can upload and store.
III. User Conduct
We are committed to ensuring that our Service remains a fun and
safe place to order prints and other content. Users are encouraged
to use the Service to print creative material, including (without
limitation) photographs and if and when available, gifting
products. To this end, we require that every user of the Service
agrees not to print, digitize, upload or otherwise obtain
Prohibited Content. Generally, Prohibited Content includes (without
limitation) any of the following types of content:
- Content we believe is abusive, deceptive, pornographic,
obscene, defamatory, slanderous, offensive, or otherwise
inappropriate.
- Copyrighted material that is used without the express
permission of the owner.
- Content that violates or encroaches on the rights of
others.
- Content or other material that contains viruses, worms, corrupt
files, Trojan horses and other forms of corruptive code or any
other content, which may compromise the Service.
- Content that advocates illegal activity.
- Content that harms minors in any way.
- Any links or connections to any of the above.
Hallmark Cards (as defined below) have the sole discretion to
determine whether content is Prohibited Content, and any content
submitted to the Service may be subject to examination from time to
time. You acknowledge that although Hallmark Cards do not and will
not examine and review all content submitted or transmitted to the
Service, Hallmark Cards have the absolute right (but not the
obligation) to review, delete, move, and edit materials for any
reason, at any time, without notice.
Notwithstanding the above, when you access the Site and/or use
the Service, you acknowledge and agree that all content (whether
private or public) that is uploaded on the Site is the sole
responsibility of the person who submitted it. In other words, you
are responsible for any content that you submit. Moreover, you
understand that by viewing the Site, you may be exposed to content
you may consider offensive and you take sole responsibility for
such exposure. You also acknowledge that neither Hallmark Cards
guarantees in any way the accuracy, quality or appropriateness of
content available on the Site. In no event shall either Hallmark
Cards (including their respective officers, directors, employees,
affiliates and agents) be liable for claims of any nature, whether
direct or indirect, arising from or related to any content made
available on or through the Site including (without limitation)
errors or omissions in such content and loss or damage incurred as
a result of such use of such content.
IV. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any part of the Service, use of the Service, or access to
the Service for any commercial purposes.
V. Third Party Software
As a convenience to our users, we may make third-party software
available through the Service. To use the third-party software, you
must agree to the terms and conditions imposed by the third party
provider and the agreement to use such software will be solely
between you and the third party provider.
By downloading third party software, you acknowledge and agree
that Hallmark Cards does not guarantee that any software downloaded
through the Service will be free of viruses, worms, or Trojan
horses or other forms of corruptive code. Hallmark Cards makes no
representations or warranties concerning the performance,
effectiveness or any other aspect of any third-party software
downloaded through the Service. In no event shall Hallmark Cards
(including its officers, directors, employees, affiliates and
agents) be liable for claims of any nature, whether direct or
indirect, arising from or related to any third-party software
downloaded through the Service.
VI. Privacy Policy
We respect your privacy and have taken specific steps to protect
it. Please see our Privacy Policy.
VII. Copyright
What You License to Hallmark Cards
In order for us to transmit your photos to Hallmark Cards
(collectively, "Hallmark Cards") for fulfillment, we need the right
to make use of all content on the Service (in accordance with and
subject to these Terms). Accordingly, as a condition to your use,
you hereby grant Hallmark Cards a perpetual, universal,
nonexclusive right to copy, display, modify, transmit, make
derivative works of and distribute any content transmitted or
provided to the Service by you, solely for the purpose of providing
the Service. In no event will Hallmark Cards print or display any
content provided by you, other than in accordance with any activity
initiated by you (e.g. photo sharing, printing, etc.). You remain
the owner of all content that you submit to the Service and as a
condition to use, you represent and warrant to Hallmark Cards that
you are the owner of the copyright to content you submit to the
Service or that you have written permission from the copyright
owner to submit such content.
Copyright Protection for Content on the Service
All the information, content, image files, software and
materials offered by our Service is protected by Canadian and
international copyright laws and by other applicable laws. You
understand that Hallmark Cards is unable to provide you with
permission to copy, display or distribute material for which you do
not own the copyright, and we do not provide others with such
rights to your content (unless you give us permission to do so).
You may not copy or distribute such material without the written
consent of the copyright owner, and you are solely responsible for
any copyright violations that you may incur as a result of your
activities on the Service. Hallmark Cards has the absolute right to
exclude you from the Site if you use our Service to violate the
intellectual property rights of third parties.
If you believe that your work or the work of another has been
copied in a way that constitutes copyright infringement, Hallmark
Cards has a process in place to respond to your concerns. Please contact us about the Copyright
Infringement.
VIII. Indemnity
You agree to indemnify, defend and hold harmless Hallmark Cards
(including its and their officers, directors, employees, agents,
licensors, suppliers and any third-party information providers to
the Service) from and against all losses, expenses, damages and
costs, including reasonable legal fees, resulting from any
violation of these Terms or any activity related to your use of the
Service (including negligent or wrongful conduct) by you or any
other person accessing the Service using your personal
information.
IX. Limited Warranty
- Exclusive Remedy: Any product and service
available through the Service is provided on an "as is" and "as
available" basis. Your use of the Service is at your own risk.
Hallmark Cards warrants only that photographic materials provided
shall be returned to you in usable condition. In the event that
your print(s) or if and when available, gifting product(s) are
damaged, or are of unacceptable quantity or quality, lost or not
returned, Hallmark Card's sole obligation, and your sole and
exclusive remedy, shall be for Hallmark Cards to either:
- refund the full amount of the purchase price of such prints
that you have paid for, or
- resubmit you order at no extra cost.
- Disclaimer: Except for the above express
limited warranty, to the extent permitted under applicable law,
Hallmark Cards expressly disclaims all warranties and conditions of
any kind, whether express or implied, including, but not limited to
the implied warranties and conditions of merchantability, fitness
for a particular purpose and non-infringement. Hallmark Cards makes
no warranty that:
- the Site or Service will be provided in a manner that is
uninterrupted, timely, secure, or error free,
- the Site or Service are or will be free of viruses or other
harmful components, or
- the Service, Site or content provided will meet your
requirements.
Hallmark Cards makes no warranties of any kind with respect to
software, goods, services, promotions, or the delivery of any
software, goods or services that are purchased, accessed or
obtained through the Site or that are advertised on the Site. Any
material downloaded or otherwise obtained through the use of the
Service is done at your own discretion and risk. You will be solely
responsible for any damage to your computer system or loss of data
that results from the download of any such material.
X. Limitation of Liability
You expressly acknowledge and agree that, to the fullest extent
permitted under law, Hallmark Cards will have no obligation or
liability (whether arising in contract, warranty, tort (including
negligence), product liability or otherwise) for any incidental,
indirect or consequential damages or liabilities (including, but
not limited to, any loss of data, revenue or profit) arising with
respect to your use of the Site or the Service, even if you have
been advised of the possibility of such damages. This foregoing
limitation applies to damages arising from:
- use or inability to use the Service;
- cost of procurement of substitute goods and services resulting
from any goods or services purchased through or from the
Service;
- unauthorized access to or alteration of your transmissions by
third parties;
- third party content made available to you through the Service
or
- any other matter relating to the Service.
Some provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This warranty gives you specific
legal rights, and you may have other rights which vary from
province to province.
XI. Termination
You agree and acknowledge that Hallmark Cards, in its sole
discretion, may terminate your use of the Service, and remove and
discard any content including, but not limited to, any and all
information, communications, albums, image files or any other
content within the Service, at any time, without notice, for any
reason, including but not limited to:
- Conduct violating these Terms or other policies or guidelines
set forth by Hallmark Cards elsewhere on the Site;
- Conduct that Hallmark Cards believes is harmful to other users
of the Service, Hallmark Cards Members, Hallmark Cards, the
business of Hallmark Cards, or other third party information
providers;
- Failure to continue Active Participation; or
- Conduct that violates the letter or spirit of these Terms.
Further, you agree that Hallmark Cards shall not be liable to
you or any third-party for any termination of your access to the
Service.
XII. Choice of Law
These Terms shall be governed by and construed in accordance
with the laws applicable in Australia and are subject to any
applicable laws of Victoria, Australia. The courts located in
Victoria, Australia shall be the exclusive forum and venue to
resolve any and all disputes arising out of or relating to these
Terms and Conditions. By acceptance of the terms and use of the
service you consent to personal jurisdiction and venue by the
courts of Victoria, Australia.
XIII. Modification of Terms
You agree that Hallmark Cards reserves the right to amend the
Terms at any time, for any reason, with notice, including the right
to terminate the Service or any part of the Service. Any amendments
or modifications made by Hallmark Cards shall be prospective only,
shall be posted on this Site and will require your acceptance in
order to continue use of the Service.
XIV. Entire Agreement
These Terms constitute the entire agreement between you and
Hallmark Cards and govern your use of the Service, superseding any
prior agreements between you and Hallmark Cards. In the case of
inconsistencies between these Terms and information included in
off-line materials, (e.g., promotional materials and mailers),
these Terms will always control. You may also be subject to
additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party
software.
The failure of Hallmark Cards to exercise or enforce any right
or provision of the Terms shall not constitute a waiver of such
right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and effect.
Any claim or cause of action arising out of or related to use of
the Service or the Terms must be filed within two (2) years from
the date on which the claim or cause of action was discovered or
reasonably could have been discovered, failing which such claim or
cause of action shall be forever barred.
XV. Reporting Violations
You can report abuse of these Terms to info@hallmarkcards.com.au.