Terms of Use & Terms of Sale
Welcome to AllYourGreetings.com, a website operated by All Your Greetings, with additional goods and services sold directly and indirectly and delivered by All Your Greetings’s third-party companies. The following is a legal agreement between AllYourGreetings.com, All Your Greetings and their subsidiaries and affiliates (collectively “AllYourGreetings.com”) and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
Permission to Use Content
AllYourGreetings.com grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of AllYourGreetings.com or where expressly permitted. As an exception, AllYourGreetings.com allows for commercial use of our product(s) in the event you register your business via our business user account option. You agree not to use or resell AllYourGreetings.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the Greets or messaging services provided by AllYourGreetings.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through AllYourGreetings.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.
Site Services
AllYourGreetings.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. AllYourGreetings.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.
Copyright
All content included on this site, such as Greets, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of AllYourGreetings.com, or its content suppliers or licensors and is protected by Antigua and Barbuda and international copyright laws. The compilation of all content on this site is the exclusive property of All Your Greetings and is protected by Antigua and Barbuda and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of AllYourGreetings.com. This prohibition includes, but is not limited to, the use of any proprietary All Your Greetings characters on any website, in emails, or in other media without express written permission from AllYourGreetings.com.
Member Conduct
To access many features on the site, and to purchase any goods or services, you may be required to create an account with AllYourGreetings.com or with Facebook user account. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify AllYourGreetings.com of any unauthorized access or tampering of your account, or suspected breach of security.
You agree that any information you provide to AllYourGreetings.com is truthful and accurate, and complete including the name or identity of the sender of any Greet or other message, service or product. You agree to not use AllYourGreetings.com to upload, post, email, send, or initiate the sending by Greets or other media, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to AllYourGreetings.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify AllYourGreetings.com for all claims resulting from any content you supply. By submitting content to AllYourGreetings.com through web-based functions or via email, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to AllYourGreetings.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to AllYourGreetings.com for the sole purpose of delivering products and services.
You acknowledge that AllYourGreetings.com is not obligated to prescreen content submitted by users, but that AllYourGreetings.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via AllYourGreetings.com or to refuse to accept content for use in any products or services offered on or through AllYourGreetings.com by any user that violates these terms of service or is otherwise objectionable in AllYourGreetings.com’s sole judgment. AllYourGreetings.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user’s submission of content. If, upon such request, AllYourGreetings.com does not receive information it deems sufficient to evidence such rights, AllYourGreetings.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You also acknowledge and agree that AllYourGreetings.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of AllYourGreetings.com, its users and the public.
You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. AllYourGreetings.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of Greets or messages that you may send using AllYourGreetings.com or the number of recipients to which you send such Greets or messages.
If, in AllYourGreetings.com’s sole determination, you violate AllYourGreetings.com’s Member Conduct policy, AllYourGreetings.com, may block you, and those using any email account associated with you from sending Greets or using any or all of the services available on AllYourGreetings.com. If you are a member of a subscription service, AllYourGreetings.com terminate or disable your account or subscription without compensation or refund. ALLYOURGREETINGS.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, 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 ALLYOURGREETINGS.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Purchase of Products or Services
You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. All Your Greetings does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, Greets) or promotional offerings are non-refundable.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL ALLYOURGREETINGS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF ALLYOURGREETINGS.COM OR AN ALLYOURGREETINGS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ALLYOURGREETINGS.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Disclaimer of Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLYOURGREETINGS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLYOURGREETINGS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLYOURGREETINGS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT ALLYOURGREETINGS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Product Information Disclaimer
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on AllYourGreetings.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. AllYourGreetings.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
Unsolicited Submissions
AllYourGreetings.com welcomes comments regarding its products and services. However, AllYourGreetings.com’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by AllYourGreetings.com’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas; except for where our website provides for it with the submit Greet to Admin button. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of AllYourGreetings.com. None of the Information shall be subject to any obligation of confidentiality on the part of AllYourGreetings.com and AllYourGreetings.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States nor Antigua and Barbuda.
Notice
All Your Greetings has 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.
Termination
This agreement will terminate immediately without notice from AllYourGreetings.com if in AllYourGreetings.com’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from AllYourGreetings.com and all copies thereof, whether made under the terms of this agreement or otherwise.
Disputes and Jurisdiction
In the event you violate these terms of use, in AllYourGreetings’s sole discretion, AllYourGreetings.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.
This agreement shall be governed by and construed in accordance with the laws of the Antigua and Barbuda, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to AllYourGreetings.com or to products you purchase through AllYourGreetings.com shall be submitted to confidential arbitration in Antigua and Barbuda, except that, to the extent you have in any manner violated or threatened to violate AllYourGreetings.com’s intellectual property rights, AllYourGreetings.com may seek injunctive or other appropriate relief in any court it deems necessary, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the relevant Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against AllYourGreetings.com.
Miscellaneous
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
AllYourGreetings.com makes no representation that materials in the site are appropriate or available for use outside Antigua and Barbuda. Those who choose to access this site from outside Antigua and Barbuda do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable Antigua and Barbuda export controls.
Copyright Agent
AllYourGreetings.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact AllYourGreetings.com’s Copyright Agent and provide the following information:
Please send your copyright information to:
May Knight Law
Lower Gambles,
St. John’s, Antigua and Barbuda
Phone: 1(268)734-1888, 1(268)562-1888
Email: maylawfirm@live.com