Terms & Conditions
If you access this website, you are agreeing to the following terms. Please read them carefully.
Your Account
You will be required open a registered account at BusinessHolidayCards.com to order products or services. All activities involving your account or password are your sole responsibility. BusinessHolidayCards.com reserves the right to edit content, refuse service, terminate accounts and cancel orders at its sole discretion.
Use of Graphics
The graphics available in the BusinessHolidayCards.com design software are the property of BusinessHolidayCards.com or the copyright protected property of parties from whom BusinessHolidayCards.com has licensed such property. It is strictly prohibited to reproduce or otherwise use these images except on products purchased from BusinessHolidayCards.com.
Use of Design Software
BusinessHolidayCards.com assumes no responsibility for any consequence arising from improper uses of its design software for creating greeting cards or processing mailing lists.
Proofs
BusinessHolidayCards.com will make every effort to match densities of each color, however we accept no liability for color variations between your submitted images and the printed product. We will provide a digital proof to reference text and layout, but not color. You are completely responsible for the content of your products, so be sure to review your proof carefully for errors in spelling, graphics, content or layout. You are also 100% responsible for complying with current postal regulations for mailing your greeting cards or other products ordered through BusinessHolidayCards.com. These regulations can be provided by your post office.
Submitted Content
When you order a print item under your account, you grant BusinessHolidayCards.com the license to access and store your digital files for use in processing orders. You agree that we have no responsibility or liability for the deletion or failure to store any Content transmitted to our Site. We reserve the right to establish, without notice, the length of time that your files will be stored by us.
You agree not to use our website to post, upload, send, post or otherwise transmit any unlawful, offensive, threatening or obscene Content. All submissions are subject to all relevant local, state, national, and international laws regarding Internet use, intellectual property rights and other matters. You agree that we have the right to refuse to print any material that violates any applicable state or federal laws. Additionally, you concede our right to disclose content or information obtained from you if required by law or to protect the rights, personal safety or property of BusinessHolidayCards.com, its clients or the general public.
Copyright
All content on this website, including but not limited to the software, templates, artwork, and postcard designs is protected by United States and international copyright laws, All rights to this material and software are reserved by BusinessHolidayCards.com or its suppliers. You are strictly prohibited from copying, redistributing or republishing any of the material or software contained on the BusinessHolidayCards.com website.
BusinessHolidayCards.com is not liable for any illegal use of copyrighted material by its customers. You attest that any images submitted by you to be used on your order are owned by you, or are included in a License of rights. You also affirm that no copyright notice has been removed from any material submitted by you and used in the content of your order. Unlicensed or misuse of any copyrighted material is strictly prohibited by BusinessHolidayCards.com.
Trademarks
The holiday card designs, graphics, logos, headers and names of products contained on our website site are trademarks or trade dress of BusinessHolidayCards.com. These trademarks or trade dress may not be used in connection with any product or service other than products or services of BusinessHolidayCards.com.
Indemnity
You agree to indemnify and hold harmless BusinessHolidayCards.com, its subsidiaries, affiliates, officers, agents, business partners or employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any breach of any of these Terms and Conditions.
Electronic Communications
You agree to receive electronic communications from us regarding your orders of holiday cards. We may communicate with you by posting notices on our website or via e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Storage and Use
BusinessHolidayCards.com reserves the right to establish, without notice, the time period that we keep any of your uploaded content designs. You agree that BusinessHolidayCards.com is not liable or responsible for the deletion or failure to store your greeting card designs or any other content.
Licenses and Site Access
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BusinessHolidayCards.com so long as the link does not portray BusinessHolidayCards.com, its affiliates, or any of their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BusinessHolidayCards.com logo or other proprietary graphic or trademark as part of the link without express written permission from BusinessHolidayCards.com.
BusinessHolidayCards.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BusinessHolidayCards.com. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by BusinessHolidayCards.com.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BusinessHolidayCards.com. You may not use any meta tags or any other "hidden text" utilizing BusinessHolidayCards.com's name or trademarks (or any confusingly similar marks) without the express written consent of BusinessHolidayCards.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BusinessHolidayCards.com without express written consent of BusinessHolidayCards.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BusinessHolidayCards.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
BusinessHolidayCards.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BusinessHolidayCards.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BusinessHolidayCards.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Applicable Law
You agree that the laws of the State of California, regardless of any laws on choice of law or conflicts of laws of any jurisdiction, will govern these Terms and Conditions and any dispute of any sort that may arise between you and BusinessHolidayCards.com or its affiliates.
Disputes
Any dispute with BusinessHolidayCards.com concerning all products and services provided to you by BusinessHolidayCards.com shall be sent to confidential arbitration in Los Angeles County, California, except that, to the extent you have in any manner violated or threatened to violate BusinessHolidayCards.com's intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts and waive any objections thereto. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 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.
Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.