"E-Cards" means the electronic greetings cards available on the Site, including downloadable versions thereof
"Materials" means all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Site, including the E-Cards
"WinMarc" means Winmarc International Ltd., a company registered in England and trading as castlegreetings.com
"Member" 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
1. Your relationship with WinMarc International Ltd.
1.1 Your use of the CastleGreetings website (the "Website") and any CastleGreetings products, e-cards or software provided to you on or from or through the Website by CastleGreetings (collectively the "Service") is subject to the terms of a legal agreement between you and WinMarc International Ltd. "WinMarc" means WinMarc International Ltd., whose principal place of business is at 84 Baltic St, Montrose, Angus, UK
1.3 The Terms form a legally binding agreement between you and WinMarc in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service.. "Content" includes the ecards, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, download, or access through the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that WinMarc will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with WinMarc, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
WinMarc reserves the right to make changes to the Terms of Service from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://castlegreetings.com/terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. WinMarc accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a WinMarc account. When creating your account, you must provide accurate and complete information. It is important that you must keep your WinMarc account password secure and confidential.
4.2 You must notify WinMarc immediately of any breach of security or unauthorised use of your account that you become aware of.
4.3 You agree that you will be solely responsible (to WinMarc, and to others) for all activity that occurs under your WinMarc account.
5. General restrictions on use
5.1 WinMarc hereby grants you permission to access and use the Service, subject to the following conditions. Also you agree that your failure to abide by any of these conditions shall constitute a breach of these Terms on your part:
1. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without WinMarc's prior written authorisation, unless WinMarc makes available the means for such distribution through functionality offered by the Service (such as the WinMarc Player);
2. you agree not to alter or modify any part of the Website or any of the Service.
3. you agree not to access Content through any technology or means other than the video playback pages of the Website itself, or such other means as WinMarc may explicitly designate for this purpose;
4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
5. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the WinMarc servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
6. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by WinMarc via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
7. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of WinMarc.
5.2 WinMarc grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WinMarc reserves the right to revoke these exceptions either generally or in specific cases.
5.3 You acknowledge and agree that WinMarc may modify the list of E-Cards and other features of the Website from time to time which are available exclusively to Members. Winmarc may also stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at WinMarc's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform WinMarc when you stop using the Service.
5.4 You agree that you are solely responsible for (and that WinMarc has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which WinMarc may suffer) of any such breach.
5.5 By using this website you accept that the Site is reliant on the work of a single artist, and on the continued ability of that single person to continue working. WinMarc does not commit to the future maintenance or availability of the site nor to the release of further E-Cards by purchasing of a membership.
5.6 In no event shall WinMarc, its officers, directors, employees, agents or affiliates be liable for any direct, indirect, special, incidental, punitive, or consequential damages whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from your use of CastleGreetings or arising in connection with your access to, inability to access, or from your reliance on any information provided at the site, even if CastleGreetings is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction
6. Terms of Sale
6.1 A Membership fee is required in order to become a member. For current rates, please visit: Join Page. Payment may be made by credit card, Paypal, or by mailing a cheque or money order. Some credit cards may not be available for either local or international payments.
6.2 1 year and 2 year memberships are one time fees, and will not be rebilled. Winmarc hereby grants you as a “Member” permission to use the website and a limited license to view and send E-Cards found on CastleGreetings.
6.3 To become a member, follow the online application process. Your membership will become activated once payment has been received. Some payments, like a Paypal check, may take up to 5 business days to active.
6.4 If you decide to order using a credit card or debit card, please ensure that the card you provide is valid. We may decide to send a small test transaction thru your credit card or debit card to ensure its valid. This test transaction is not a charge, and will be removed from your account in approximately 72 hours.
6.5 Winmarc offers you the ability to auto-renew your membership, if paying by credit card or debit card. WinMarc will charge your card the current rate on the anniversary of your membership. The price for a renewal will be the same as the price for a new membership.
6.6 No use of CastleGreetings or any Ecards is permitted beyond what is listed in this terms of service.
6.7 An accurate email address is required for membership. If your email changes you are required to update in the members area.
7. Refunds & Cancellations
7.1 Refunds will be given solely at the discretion of WinMarc, should your membership be cancelled or terminated, or the Site closed for any reason whatsoever. Normally refunds will only be given in the event of a technical problem that prevents you from using the Site.
7.2 Non Trial Subscriptions: If you subscribe to become a CastleGreetings Member (whether through the website, the iPad, or other means) you will be charged the applicable Membership fee to your preferred payment method. For 1 year and 2 year subscriptions, you may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Monthly memberships can be cancelled for the upcoming month, but no refund will be given for current month or prior months. Instructions for requesting a cancellation can be found at the end of this Agreement under CastleGreetings Customer Support.
7.3 Subscription Renewals: Your Subscription will automatically renew at the end of the Subscription term unless: (1) you cancel your renewal during your Subscription period; or (2) except in the case of monthly memberships, you request a cancellation within 30 days after your renewal payment has been processed. Monthly memberships can be cancelled for the upcoming month, but no refund will be given for current month or prior months. Instructions for requesting a cancellation can be found at the end of this document under CastleGreetings Customer Support.
8. Refunds & Cancellations
8.1 If your require any type of billing support or technical support, you may email us at firstname.lastname@example.org or call us at 1-855-812-3617.
8.2 Credit card customers, and customers ordering by check may send us an email for a cancellation or refund. We will respond within 24 hours during normal work hours.
Dated April 20, 2013