The Terms of Service for eCardWidget was last updated on Nov 12, 2024.
These Terms of Service ("Terms") constitute a legally binding agreement between you and eCardWidget LLC ("eCardWidget", "we", "us", or "our"), governing your use of the eCardWidget platform and services, including eCardWidget.com and its sub-brands eCardRecognizer (eCardRecognizer.com) and ChurchInviter (ChurchInviter.com). By using the eCardWidget platform, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific services or features.
1. Acceptance of Terms
By creating an account, accessing, or using the eCardWidget platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the eCardWidget platform.
2. Description of Service
eCardWidget provides a platform for creating, managing, and sending electronic cards ("eCards"). The platform is accessible through our websites (eCardWidget.com, eCardRecognizer.com, and ChurchInviter.com) and any associated applications or services (collectively, the "Service").
3. Account Creation and Responsibilities
3.1 Account Types
There are two main types of accounts on the eCardWidget platform: a. Account Holders: Individuals or organizations that create an account to manage and send eCards. b. Directory Members: Individuals added to an Account Holder's directory who can be selected as recipients for eCards.
3.2 Account Holder Responsibilities
As an Account Holder, you are responsible for: a. Providing accurate and up-to-date information during account registration and maintaining the confidentiality of your account credentials. b. Obtaining necessary consents from Directory Members and ensuring the accuracy and lawfulness of the personal data you collect and process through the eCardWidget platform. c. Complying with applicable data protection laws, including responding to data subject requests and ensuring the security of personal data processed through your use of the Service. d. All activity that occurs under your account, including any content posted or eCards sent. e. Ensuring that any content, including images, videos, and audio, used in eCards does not infringe upon the intellectual property rights of others and complies with all applicable copyright laws. You agree to indemnify eCardWidget for any claims, damages, or losses arising from your use of infringing content.
3.3 Directory Member Responsibilities
As a Directory Member, you are responsible for providing accurate personal information to the Account Holder and notifying them of any changes or inaccuracies.
4. License Grants & Restrictions
eCardWidget LLC hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the eCardWidget.com Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms. You may not permit the eCardWidget.com Site to be used by or for the benefit of unauthorized third parties. Nothing in these Terms shall be construed to grant you any right to transfer or assign rights to access or use the eCardWidget.com Site. All rights not expressly granted to you are reserved by eCardWidget LLC and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the eCardWidget.com Site in any way; (ii) modify or make derivative works based upon the eCardWidget.com Site; (iii) reverse engineer or access the eCardWidget.com Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the eCardWidget.com Site, or (c) copy any features, functions or graphics of the eCardWidget.com Site.
5. Intellectual Property
The eCardWidget platform, including all information, software, text, displays, images, video, and audio, along with the design, selection, and arrangement thereof, are owned by eCardWidget, its licensors, or other providers of such materials. These elements are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that, as between the parties, eCardWidget LLC owns all right, title, and interest in and to the eCardWidget platform, including all intellectual property rights therein.
6. Prohibited Uses
As a condition of your use of the eCardWidget platform, you agree not to use the platform for any purpose that is unlawful or prohibited by these Terms. You may not use the platform in any manner that could damage, disable, overburden, or impair any eCardWidget server, or the network(s) connected to any eCardWidget server, or interfere with any other party's use and enjoyment of any services offered by eCardWidget. You may not attempt to gain unauthorized access to any service, other accounts, computer systems, or networks connected to any eCardWidget server or to any of the services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services. Specifically, you agree not to:
a. Use the eCardWidget platform to upload, share, or display any offensive or explicit content, including but not limited to nudity, sexually explicit materials, obscene language, or any content that may be deemed inappropriate for a general audience.
b. Use the platform to promote or distribute content or conduct that we, in our sole discretion, determine to be harmful, inciting violence, misleading, or intended to harass or negatively impact individuals, groups, or communities.
c. Upload, share, or otherwise use content that promotes discrimination, hate speech, harassment, or advocacy of specific agendas that may be deemed divisive, disruptive, or high-risk, or that may lead to reputational harm for eCardWidget.
d. Forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmission sent to eCardWidget via the platform.
e. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
f. Use the eCardWidget platform in connection with fraudulent activity, solicitation, or to distribute unsolicited messages, such as spam, surveys, chain letters, junk email, or other duplicative or unsolicited messages (commercial or otherwise).
g. Use the platform to advocate for special interests, conduct promotional campaigns, or engage in activities that, in eCardWidget’s sole discretion, may create undue harm, attract negative publicity, or interfere with the experience of other users on the platform.
eCardWidget reserves the right to monitor usage for compliance with these Terms and may suspend or terminate access to the platform for any violations. Violations of this Acceptable Use Policy or these Terms may lead to immediate suspension or termination of your account and removal of any offending content.
7. User Content
You are responsible for all content that you upload, post, email, transmit, or otherwise make available via the eCardWidget platform ("Content"). eCardWidget does not control the Content posted and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the platform, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will eCardWidget be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the platform. You agree to bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8. Data Protection
eCardWidget adheres to strict data protection policies. Our commitment to protecting the privacy of your personal information is detailed in our Privacy Policy, which forms an integral part of these Terms. By agreeing to these Terms, you also consent to the collection, storage, processing, and sharing of your personal data as outlined in our Privacy Policy and warrant that all data provided by you is accurate.
9. Payment, Refunds, Upgrading, and Downgrading
A valid credit card is required for accounts needing payment. The eCardWidget.com Site is billed in advance on a monthly basis according to our pricing schedule, and all payments are non-refundable. This includes no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made.
9.1 Billing
You will be billed immediately upon signing up for a paying account. After signing up for a paying account and you don't cancel that account before the renewal date, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial, and you will be billed for your first month immediately upon upgrading.
9.2 Downgrading
For any downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your service may cause the loss of content, features, or capacity of your account. eCardWidget LLC does not accept any liability for such loss.
10. Termination and Cancellation
You are solely responsible for properly cancelling your account. You can cancel your account at any time by logging into your account on the eCardWidget website and navigating to the "Change Plan" page where you can find the cancellation option. Email or phone requests to cancel your account are not considered valid. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
eCardWidget, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. eCardWidget reserves the right to refuse service to anyone for any reason at any time.
11. Modifications to Service and Prices
eCardWidget reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the eCardWidget Site or the Service itself.
eCardWidget shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
12. Disclaimer of Warranties
The eCardWidget platform and all associated services are provided on an "as is" and "as available" basis. eCardWidget LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we guarantee the accuracy or reliability of any information obtained through the service.
You acknowledge that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. eCardWidget LLC is not responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
13. Limitation of Liability
To the fullest extent permitted by law, eCardWidget LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if eCardWidget LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
14. Amendments to These Terms
We reserve the right to modify these Terms of Service at any time to accommodate changes in our services, the law, or our business practices. The latest version will always be published on our website with the effective date displayed at the top. We recommend reviewing these Terms periodically to stay informed about the rules that govern your use of our services. Your continued use of the platform after any modifications indicates your acceptance of the updated Terms.
15. Indemnification
You agree to indemnify and hold eCardWidget LLC, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the service, your use of the service, your connection to the service, your violation of the Terms, or your violation of any rights of another.
16. General Practices Regarding Use and Storage
eCardWidget may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the service, the maximum disk space that will be allotted on eCardWidget's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that eCardWidget has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the service. You acknowledge that eCardWidget reserves the right to log off accounts that are inactive for an extended period of time. eCardWidget reserves the right to modify these general practices and limits from time to time.
17. Violations
Please report any violations of the Terms to eCardWidget management at [email protected].
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its conflict of laws provisions. You and eCardWidget agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lake Ozark, Missouri.
19. Miscellaneous
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor 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.
20. Entire Agreement
These Terms constitute the entire agreement between you and eCardWidget LLC regarding the use of the eCardWidget platform, superseding any prior agreements between you and eCardWidget LLC relating to your use of this site or services.
21. Contact Us
If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:
Contact Information:
Email: [email protected]
Name: Tim Badolato
Company: eCardWidget LLC
Phone: (573) 746-2417