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.

Copyright 2000, Moore North America, Inc. All Rights Reserved.