Terms Of Service
By accessing, browsing and/or using Ojolie.com ("Site"), you acknowledge that you have read, understood, agree and accept to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations.
Your Use of this Site
Ojolie.com ("The Company") hereby grants you a limited license to use the materials, features, and services provided by the Company on this Site ("Materials") solely for your personal, non-commercial use, subject to these Terms. All Materials are protected by international copyright, and owned or controlled by the Company or the parties credited in the copyright 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, 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. Posting of any Materials from this Site on any other website, distributing any of the Materials from this Site, or otherwise causing the Site to be displayed in a frame of another website is not allowed without prior written consent from the Company.
License for Members
The Company hereby grants you a limited license to use such ecards 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.
You will be required to provide a valid e-mail address during the membership enrollment process and it is your responsibility to notify the Company of any e-mail address updates through the functions on this Site. You will also be required to select a password and under no circumstances are you allowed to disclose this password or allow others to use it to access this Site.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we, nor our affiliates, exercise editorial control over your transmissions; however, we do reserve the right to review transmissions in order to ensure compliance with these Terms.
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 ecards on this Site are the sole work of one artist, Frederikke Tu, and the Site is therefore reliant on the continued ability of the artist to create these ecards. This license does therefore not commit the Company to the release of further ecards, maintenance and/or availability of the Site.
All Materials are subject to change without notice. The Company may from time to time in its sole discretion modify the list of ecards and other features of the Site which are available exclusively to 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.
Enforcement
In the event the Company determines, in its sole discretion, that you have violated these Terms, The Company shall have the right to immediately terminate your account without refund, refuse membership, and/or block the sending or receipt of greetings from our Site, and/or pursue any other legal remedies.
License Cancellation
You may cancel your license at any time. Unless terminated beforehand, your licence 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. Should your license be cancelled or terminated, or the Site closed for any reason whatsoever, refunds will be given solely at the discretion of the Company.
Updates to Terms
The Company shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the current Terms to which you are bound.
Spam
You may not use this Site to send online greeting cards to mailing lists to which you do not have full rights to utilize nor to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that 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.
Indemnification
You hereby indemnify, defend and hold harmless the Company and its affiliates, and all officers, employees, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
The Materials provided on this Site are provided without warranty of any kind, either expressed or implied. The Company is not liable for damages of any kind arising from your access or inability to access or use the Site and is not responsible for failure of ecards sent through our service to reach their intended recipients or to reach the recipients on the date specified by you.
