Posted: Aug 1, 2018
Effective: Aug 1, 2018
These terms of service (“Terms”) cover your use and access to the services, client software and websites (“Services”) provided by Christmas Card Contacts. Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your contact information and name and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. You give us permission to do those things and this permission extends to trusted third parties we work with.
Sharing Your Stuff
Our Services let you share Your Stuff with others, so please think carefully about what you share.
Your Responsibilities
You’re responsible for your conduct, Your Stuff and you must comply with these terms. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so. Please don’t share any pornographic photos, content, or use the services to conduct any unlawful business.
We aren’t responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
Our Stuff
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Christmas Card Contacts trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CHRISTMAS CARD CONTACTS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHRISTMAS CARD CONTACTS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CHRISTMAS CARD CONTACTS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
Resolving Disputes
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Christmas Card Contacts, you agree to try to resolve the dispute informally by contacting us using Support on our website at Christmas Card Contacts.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Christmas Card Contacts may bring a formal proceeding.
We Both Agree To Arbitrate. You and Christmas Card Contacts agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Christmas Card Contacts agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Idaho (ID). Both you and Christmas Card Contacts consent to venue and personal jurisdiction there.
Controlling Law
These Terms will be governed by Idaho law except for its conflicts of laws principles.
Entire Agreement
These Terms constitute the entire agreement between you and Christmas Card Contacts with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Christmas Card Contacts’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Christmas Card Contacts may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account or posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.