This is a legal agreement between You and the Company. By browsing or using the Site, You acknowledge that you have read, understood, and agree to be bound by these terms (the "Agreement"). If You do not agree to the terms and conditions of this Agreement, You should not use the Site.
"Site" means the website www.hootecards.com
"E-cards" means the electronic greetings cards available on the Site
"Materials" means all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Site, including the E-cards and Digital Products
"The Company" means Hoot Cards Ltd, a company registered in England and trading as hootecards.com
"Member" means any person who has purchased a membership to use E-cards and other features of the Site
"Digital Product" means a digital product available for purchase from the Site.
"You" means any person visiting or browsing the Site, including but not limited to Members and "Your" shall be construed accordingly
This Agreement is in two parts. The first part contains the conditions of use of the Site, and applies to all persons visiting, browsing or otherwise using the Site or Materials, including but not limited to Members. The second part contains the terms that apply only to those who choose to become Members or purchase Digital Products.
All Materials are protected by copyright and other forms of intellectual property, and are owned or controlled by the Company, its affiliates, or the parties credited in the copyright and trademark notices within the Materials. 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. Other than scripted modifications made available to you by the site functionality. 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. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company, its affiliates or the parties credited in the copyright and trade mark notices within the Materials.
The Company hereby grants you a limited licence to use, in accordance with this Agreement, such E-cards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, E-cards or Digital Products is permitted save that permitted by this Agreement.
You agree not through the use of the Site to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. You further agree that You will not send E-cards or Digital Products to anyone with the intent of harassing such person. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any such matter.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. The Company reserves the right to limit, in its 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.
All Materials are subject to change without notice. The Company may from time to time in its sole discretion publish or vary E-cards or Digital Products. The Company 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. The Company 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.
The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at Your sole risk.
The Company 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.To the extent permitted by law, the Company excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. If the Company fails to comply with this Agreement, it is responsible for loss or damage You suffer that is a foreseeable result of the Company's breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of the Company's breach or if it was contemplated by You and the Company at the date of this Agreement.Any such loss or damage shall be limited to the amount of money the Company has received from You in connection with this Site. Please note that the Company only provides this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes. The Company has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.The Company will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any content on it, or on any website linked to it.The Company does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
The Company 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. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to You, You should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by You of such changes.
This Agreement, its subject matter and its formation, are governed by English law. You and the Company both agree that the courts of England and Wales will have exclusive jurisdiction; provided, however, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, you may also bring proceedings in Scotland.
The following is an additional set of terms that apply only to those who choose to become Members or who purchase a Digital Product. These terms are in addition to the Conditions of Use of Site above and nothing in these terms overrides or replaces any of the above conditions.
Your Obligation to PayIn order to become a Member or purchase a Digital Product, You must pay a fee. For more information visit, prices and membership. The purchase prices for Digital Products will be clearly stated at the time of purchase. You may pay for Your purchases by credit card or PayPal using the PayPal service. The Company does not accept cheques or money orders.
If You choose to pay by credit or debit card, the Company offers You the opportunity to auto-renew. If You choose to auto-renew, on the anniversary of You becoming a Member, the Company will charge Your card the then-current price for another period of membership. If you opted to have your membership automatically renewed, you may cancel any renewal year by using the cancel membership service within the account section or writing to us at the address below, no less than five days before the anniversary of your membership date of your desire to cancel. Prices for renewal are the same as the prices for new members and can be found by visiting prices and membership.
Barring any technical changes to browsers or operating systems that are outside of the Company control, we will do our best to maintain certain digital products, for your use for one year after the date last offered for sale on the site.
When You purchase a Digital Product You will be given a unique activation code, supplied by our partner. Which is required in order to use the product. This activation code may be used only by You or, if a gift, by one recipient. The Company may limit the number of times an activation code may be used, in order to prevent abuse.
In order to have a membership to the Site or purchase a Digital Product, 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. The Company has the right to disable any user identification code or password, whether chosen by You or allocated by the Company, at any time, if in its reasonable opinion You have failed to comply with any of the provisions of this Agreement.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.If You change your e-mail address You must notify the Company by means of the facilities made available on the Site.
You may cancel Your membership or Digital Product at any time by writing to the Company at the address below. Your money will be fully refunded if the Company receives your request within the time prescribed by law (this varies depending on where You live). Otherwise, Your membership will end on a date determined by the Company according to the amount of the fee paid by You in accordance with the price list published on the Site. The Company reserves the right to cancel Your membership or Digital Product at any time by refunding Your money.
Your purchasing of a membership or Digital Product does not commit the Company to the future maintenance or availability of the Site nor to the release of further E-cards or Digital Products.
If you have a technical problem or any problem with your membership or payments, please use our Help pages to contact us.
If you need to write to us on any other matter please use the address below.
FAO Hoot Cards Ltd,
52 Old Market Street,