Terms and Conditions of Use
Acceptance of Terms (and Ownership of Site)
This site is owned by Moore Interactive, a business unit of Moore North
America, Inc. ("Moore").
Please read these Terms of Use ("Terms") carefully and if you
do not agree to these Terms do not use Mooreinteractive.com. YOU AGREE AND
ACKNOWLEDGE THAT BY CLICKING THE "Process Order" BUTTON ON THE
CHECKOUT PAGE OF THIS SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND
BY THESE TERMS OF USE.
Use of Site
Restrictions on Use of Content
You acknowledge that this web site may contain information,
communications, software, photos, text, video, graphics, music, sounds,
images and other material and services ("Content"), which has
been provided by Moore or its licensors. You agree and acknowledge that
the Content, its use or the use of this site is protected by patents,
copyrights, trademarks, and other proprietary rights
("Intellectual Property Rights"), which are valid and
protected in all media now existing or later developed, and that except as
specifically provided in these Terms, your use of the Content shall be
governed and constrained by the Intellectual Property Rights and
applicable laws. Modification or use of the Mooreinteractive.com web site
and/or the Content for any commercial purpose is strictly prohibited.
In addition to Moore's and its licensors' rights in individual elements
of the Content, Moore owns copyright in the selection, coordination,
arrangement and enhancement of the Content and other Intellectual Property
Rights may apply. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative works from,
distribute, perform, display, incorporate into another web site or medium,
or in any other way exploit the Mooreinteractive.com web site and/or any
of the Content, in whole or in part.
Third Party Property
You agree that you may upload to the software files or otherwise
transmit on or through this web site, only Content that is not subject to
any rights of any third parties, or which is Prohibited Content as defined
below, or Content in which any holder of such rights has not given express
authorization for distribution on the Internet. By submitting Content to
Moore including, without limitation, any text or message in any greeting
card purchased on this web site, you automatically grant, or warrant that
the owner of such Content has expressly granted, the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology
now known or later developed for the full term of any rights that may
exist in such Content.
Prohibited Conduct and Use
You agree to use the Mooreinteractive.com web site only for lawful
purposes. You are expressly prohibited from placing any message in any
greeting card or otherwise transmitting through Mooreinteractive.com any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically or
otherwise objectionable material of any kind, including without
limitation, any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national or international law ("Prohibited
Conduct"). You agree and acknowledge that Moore is not responsible or
liable to you or any other party for any Prohibited Conduct.
Notwithstanding anything in these Terms to the contrary, Moore is in no
way obligated to monitor any user's use of this web site or to monitor,
retain, review and/or edit the contents of any message sent in a greeting
card or otherwise transmitted through this web site. However, Moore does
reserve the right, at any time, to monitor, review, retain, edit and/or
disclose any information as we determine necessary, in our sole
discretion, to: (i) satisfy any applicable law, regulation, legal process
or governmental request; (ii) protect and defend our rights and property;
(iii) enforce these Terms; (iv) protect against misuse or unauthorized use
of the Mooreinteractive.com web site; and (v) protect the interests of our
users or the public.
You are expressly prohibited from using a false e-mail address or other
identifying information. Further, you may not send greeting cards (with or
without messages) to people or other entities on mailing lists that you do
not have full rights to use.
Usage by Children
Moore does not solicit the use of the Mooreinteractive.com web site or
purchase of products offered on the Mooreinteractive.com web site by
minors. Parents, guardians and those responsible for supervising minors
are solely responsible for determining what materials, products and
services are suitable for such children to view and/or purchase.
Display of Products
We use commercially reasonable efforts to ensure that the colors,
design and details of the products displayed on our web site are accurate.
However, we cannot and do not guarantee that the colors, font types,
design, paper stock and/or detail, as displayed by your monitor, will be
accurate and we assume no responsibility whatsoever for such difference in
color, design and details.
In the event that you received a defective greeting card, please
contact our Customer Service department at cards.mooreinteractive.com
within thirty (30) days from the date of your order. Your sole remedy for
any defective greeting card shall be limited to the replacement of the
greeting card. The foregoing comprises our entire liability in connection
with your transaction.
We reserve the right at any time and without notice to change the
greeting cards, which are available for order. In the event, your selected
greeting card is no longer available, Moore Interactive in its sole option
and discretion will either make a substitution or refund your purchase
price.
Sales Tax
In accordance with various statutes, Moore is required to collect sales
tax on any purchase of greeting cards or other goods shipped to customers
located in the states of all fifty states, the District of Columbia and
other locations as mandated by law. Tax rates, the terms specified herein
and the items subject to tax are subject to change at anytime.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL
MOORE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES
PURCHASED OR OTHERWISE TRANSMITTED FROM THIS WEB SITE, THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF MOORE OR A MOORE
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL MOORE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR THE PURCHASE OF ANY GREETING CARD ON THIS WEB SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Warranty/Disclaimer
THE MATERIALS AND PRODUCTS ON THIS WEB SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOORE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MOORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOORE DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS WEB SITE REGARDING THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT MOORE) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Your Submissions
Moore will not treat any information, ideas, concepts, data or the like
("Information") as confidential and Moore shall be free to use
the Information for any purpose whatsoever, including, without limitation,
developing, manufacturing and marketing products and other items
incorporating the Information. Moore shall not be liable or owe any
compensation for the use or disclosure of the Information.
Linked Sites
This site may provide you with links to the web sites of third parties.
In the event you choose to access such web sites, Moore is not responsible
for any actions or policies of such third parties. We recommend that you
check the applicable privacy policy of such party before providing
personally identifiable information to it, as its privacy policy may
differ from Moore's.
Jurisdictional Issues
Unless otherwise specified, the materials in the web site are presented
solely for the purpose of promoting products and services available in the
United States, its territories, possessions and protectorates. Moore makes
no representation that materials in this web site, or the products and
services promoted in this web site, are appropriate or available for use
outside the United States. Those who choose to access this web site from
outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. Software from this web site is further subject to
United States export controls. No software from this web site may be
downloaded or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other
country to which the United States has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading or
using the software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on
any such list.
Choice of Law
This agreement shall be governed by and construed in accordance with
the laws of the State of Illinois, without giving effect to any principles
of conflicts of law. Venue and personal jurisdiction shall lie solely in
the state and federal courts located in this State of Illinois. If any
provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
Termination
This agreement is effective until terminated by either party.
Changes and Modifications
Moore may change, add or delete programs, products, materials, services
and the like that are described in this web site at any time without
notice. Moore reserves the right to update, modify, revise or otherwise
change these Terms of Use at any time with or without prior notice. Your
use of the Mooreinteractive.com web site at any time after such update,
modification, revision or change constitutes your acceptance of such
update, modification, revision or change. You are encouraged to review
these Terms periodically.