Definitions

“Site” means the website www.ibizasoundcards.com

“Ibiza Sound Cards” refers the electronic greetings cards available on this Site, including downloadable versions.

“Materials” refers to all photographs, graphics, images, illustrations, sound clips, graphics, text on the Site, including the E-Cards

“ISC” is Ibiza Sound Cards Ltd, a registered corporation in the state of New Hampshire, doing business as Ibizasoundcards.com

“Member of “Ibiza Sound Cards” means any person who has purchased a license to use additional E-cards and other features of the Site

“You” means any person visiting or browsing the Site, including Members

“Agreement” means this document

Introduction

This document is in two parts.

The first part contains the conditions of use of the Site, and applies to all persons visiting or browsing the Site, including Members.

The second part contains the terms of sale of purchasing of a license and only applies to those who choose to become Members by purchasing such a license.

The following is a legal agreement between you and ISC. By browsing or using the Site, you acknowledge that you have read, understood, and agreed to be bound to by this Agreement.

Acceptable Use Policy

1. All Materials are protected by copyright, and owned or controlled by ISC, or the parties credited in the copyright notices within the Materials. You shall abide by all additional copyright restrictions contained in any Materials accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices contained therein. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company or the parties credited in the copyright notices within the Materials.

2. Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this agreement.

3. The following conduct is prohibited on this service:

• sending abusive, or threatening messages
• sending obscene or pornographic messages or images
• sending defamatory or libelous messages
• sending viruses or other harmful, disruptive or destructive files attempting to steal passwords
• sending messages in an unlawful, criminal or fraudulent manner

4. You may not use this site to send online greeting cards to mailing lists to which you do not have the full rights or send to unsolicited bulk or commercial messages.

5. ISC in its sole discretion will continue to update the site available to Members and non-Members.

6. You agree that you will not through the use of the Site violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless ISC and all officers, directors, owners, agents, Material providers, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by them in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. ISC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. You may not use this Site to send E-cards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

8. ISC may from time to time in its sole discretion publish E-Cards which may be viewed, sent by e-mail to third parties, or downloaded from the Site. ISC may further determine that certain of these E-Cards are exclusively for the use of Members and that others are available also to non-Members.

9. The Materials are provided "as is" without warranty of any kind, either expressed or implied. ISC is not responsible for any failure of E-Cards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.

10. Neither ISC nor any of its officers, directors, employees or affiliates shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided at the site, even if ISC has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that ISC and its affiliates' aggregate liability shall not exceed the amount paid pursuant to the terms of this Agreement.

11. ISC may modify this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such revisions and you should periodically visit the Site to determine the terms to which you are bound. All Materials are subject to change without notice.

12. This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with current law within the State of New Hampshire.

13. In the event ISC determines in its sole discretion that you have violated these Terms set forth, ISC shall have the right to immediately terminate your account, refuse membership or block the sending or receipt of greetings from our site.

14. All Materials are subject to change without notice.

Terms of Sale Agreement

The following is an additional set of terms which apply only to those who choose to become Members by purchasing a license to use the E-Cards.

1. These Terms are in addition to the Conditions of Use of Site above and nothing in these Terms shall be deemed to override or replace any of the above conditions.

2. ISC hereby grants you a limited license to use such E-Cards and other features of the Site as are from time to time determined, at the Company's sole discretion, to be available for Members only.

3. In order to use the Site, you will be required to select a password to be used in conjunction with your e-mail address. You must not disclose this password to others or permit others to use your password so as to access the Site.

4. No use of the site, E-Cards or Materials is permitted save that permitted by the Conditions of Use of Site above.

5. You must ensure that the e-mail address which you give as part of your membership details is your correct and valid e-mail address.

6. If you change your e-mail address you must notify ISC by means of the facilities made available on the Site.

7. Your license will end on a date determined by ISC according to the amount of the fee paid by you in accordance with the pricing published on the Site.

8. Refunds will only be determined only at the sole discretion of the company.

9. ISC in its sole discretion will continue to modify the list of E-Cards and other features of the Site. ISC may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.

10. ISC may modify this Agreement at any time by updating this page. By becoming a Member, you agree to be bound by any such revisions and you should periodically visit the Site to determine the Terms to which you are bound. If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you should cancel your license. Your continued use of the Site now, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.

Contact Details

We do not offer telephone technical support.

If you have a technical problem, please use our Help pages to contact us.