Birthday eCards
- Birthday CanCan
- Birthday Kong
- Dog Fight Birthday
- Rocking BDay
- Elvis Bday
- Birthday (Funky)
- B'day Wax (Rude)
- Birthday (Happy!)
- Birthday Relax
- Birthday (4 Girls)
- Birthday (4 Boys)
- Birthday Bog
- Birthday Birdy
- Birthday YMCA
- Birthday Moooo
- Birthday Cat
- Birthday (Rude!)
- Birthday Rap
- Birthday Hero
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BirthdayeCard.com Website Terms of Use
This page sets out important terms that apply to your use of the eCards website at www.Birthdayecard.com (the "Website") and apply when you send an eCard from the Website (the "Services").
Your privacy and security
Our Privacy Policy explains what information we collect from you, and what we do with it.
Introduction
This document is in two parts.
The first part contains the conditions of use of the site, and applies to all persons visiting, or browsing the site, including Members.
The second part contains the terms of sale of a licence to use additional features of the site, and applies only to those who choose to become Members by purchasing such a licence.
Using the Website
The Website and the Services supplied through it are provided by eCards Media Limited, Company number 5455777, registered address, Unit 9 Farm Road, Caddsdown Industrial Park, Bideford, Devon EX39 3BT.
The Website is provided on an "as is" and "as available" basis, and your use of the Website is subject to the following disclaimers and notices:-
Disclaimers
We try to ensure that the information on the Website is accurate and helpful at all times. However, we cannot warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of or put on it except as specifically set out in these Terms of Use or as otherwise agreed between us in writing.
We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website, and (except as set out here) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website.
We are not responsible for the content of any websites that are linked to or from our Website or any third party adverts. We are not responsible for the legal consequences of you entering into any contracts with the third parties that provide these linked websites or adverts and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of your use of our Website and Services (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
While we have made certain content and images available for use in eCards, we do not control personalised content and/or images (including photographs) sent by users and, as such, are not responsible for it in any way whatsoever. If you receive an eCard via the Service that you think is unacceptable, you should report it to us by emailing us at and we will deal with it at our discretion.
Nothing in these Terms of Use operates so as to exclude, limit or restrict our liability for death, personal injury or fraud. Where you deal as a consumer, nothing in the above exclusions affects your rights under law.
Intellectual Property Rights
The content of all parts of the Website and the eCards belong to eCards Media Limited or its licensors. This includes copyright in all of the text, descriptions and images. It also includes trade marks in our name and logos.
You may download to a local hard disk and print extracts from this Website for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit.
Except in relation to images and/or content that you legally upload from a source other than the Website for the purposes of personalising an eCard (and which you are legally entitled to use for other purposes), none of the content of this Website or an eCard may be copied or otherwise incorporated into or stored in or distributed via any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other) and reproduction of part or all of the contents of the Website or an eCard in any form for commercial purposes is prohibited.
If you want to use any of our content for any purpose other than as set out above (which includes framing the Website) you must first contact us and obtain our permission.
If you insert an image, including a photograph, into an eCard from a source other than the Website, you must have the consent of the person whose image it is and/or the owner of that image to use that image before it is inserted into an eCard and to allow us to store the image for use by you in future eCards from time to time. In the case of images of children who are not capable of giving consent, you should ensure that the relevant consent is obtained from the child's parent or guardian.
By inserting an image into an eCard that you have obtained from a source other than the Website, you confirm that you have obtained the necessary consents referred to in the above paragraph. We do not accept any liability whatsoever for any image inserted by you into an eCard from a source other than the Website without the consent of the person, parent or guardian and/or owner (as the case may be).
You are solely responsible for any personalised content that you include in an eCard. You warrant that such content complies with these Terms and/or any relevant laws and regulations in force from time to time and agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of this warranty.
By uploading images (including photographs) from a source other than the Website for the purposes of creating an eCard and/or otherwise personalising an eCard, you grant us a non-exclusive, royalty-free, irrevocable right and licence to use such image and/or personalised content and to sub-license such use to others for the purposes of providing the Service.
What we do
We provide an eCard Service to you, you provide us with information and we send eCards on your behalf or we send an eCard to you on behalf of another person. We charge you an anual subscription from you for this Service. We will do our best to send an eCard based on the information provided, if this information is incorrect or for any reason we cannot send an eCard or the Service is not available we will not be liable to you for any loss whatsoever.
What you agree to do
When using our Website you agree that you will:-
1. use the Service and the Website only for lawful purposes;
2. accept full responsibility for any message you place and/or image you send through the Service;
3. ensure that the content of any message and/or image you send will not contain any, defamatory, offensive, pornographic, threatening, abusive, racist, vulgar, obscene, profane, indecent, unlawful, hateful or otherwise objectionable material or constitute an invasion of privacy and that you do not send a message and/or eCard that either will or is intended to, annoy, harass or intimidate another person;
4. ensure that any personalised content that you send, including without limitation any image obtained from a source other than the Website, does not infringe our or any other person's copyright, trade marks, patents, moral rights or other intellectual property rights of any nature;
5. not send a message and/or image which will constitute a criminal offence or give rise to a civil liability;
6. not use the Service to solicit other people to become users of competitive online services, advertise or offer for sale any goods or services, promote any surveys, contests or chain letters for any purpose whatsoever; and
7. not include hypertext links within a message and/or image you send through the Service.
What we can do
We reserve the right to:-
1. not send an eCard;
2. deny, at our sole discretion, your access to the Services and/or the Website without reason or notice and delete the contents of your account;
3. suspend your use of the Service and/or Website where you break these Terms of Use or the law; and/or
4. refer any matter to the police or the courts, where in our opinion, we consider the matter is of a criminal or illegal nature.
General Information
The Terms of Use, the Privacy Policy and the Website are governed by English Law and the English courts shall have non-exclusive jurisdiction over any dispute.
Terms Of Sale Agreement
The following additional terms apply only to those whose choose to become Members by purchasing a licence to send eCards.
1. These terms are in addition to the conditions for using the website above and nothing in these terms shall be deemed to override, or replace any of the above conditions.
2.The company hereby grants you a licence 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.
3.In order to become a Member, you must pay a Membership fee, payable by either debit or credit card. Please be aware that certain cards cannot be used for international payments and are not featured on our payment criteria. Your Membership will be activated immediately on receipt of your payment.
4. When you choose to pay by debit or credit card, the Company may offer you the opportunity to auto-renew. If you choose to auto-renew, on the anniversary of you becoming a member the company will charge your debit/credit card the then current price for another year of membership. Prices for renewal are the same as prices for new Members.
5. In order to use the site you will be required to select a password to be used in conjunction with your email address. You must not disclose the password to others, or permit others to use your password to access the site.
6. You may cancel your licence at any time. Unless terminated early, your licence will end on a date determined by the Company according to the amount of free paid paid by you in accordance with the price list published on the site.
7. Should your licence be cancelled or terminated, or the site closed for any reason whatsoever, refunds will be given solely at the discretion of the Company. Normally any refunds will only be given in the event of a technical problem that prevents you from using the site.
8. The company may modify this Agreement at any time by updating this page. By becoming a Member, you agree to be bound by any such revisions, and you should periodically visit the site to determine the Terms to which you are bound. If any of the rules contained in the Agreement are not acceptable to you, you should cancel your licence. Your continued use of the site now, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.
Any Questions?
If you have any questions about anything on this Website you can by contacting us.
This page sets out important terms that apply to your use of the eCards website at www.Birthdayecard.com (the "Website") and apply when you send an eCard from the Website (the "Services").
Your privacy and security
Our Privacy Policy explains what information we collect from you, and what we do with it.
Introduction
This document is in two parts.
The first part contains the conditions of use of the site, and applies to all persons visiting, or browsing the site, including Members.
The second part contains the terms of sale of a licence to use additional features of the site, and applies only to those who choose to become Members by purchasing such a licence.
Using the Website
The Website and the Services supplied through it are provided by eCards Media Limited, Company number 5455777, registered address, Unit 9 Farm Road, Caddsdown Industrial Park, Bideford, Devon EX39 3BT.
The Website is provided on an "as is" and "as available" basis, and your use of the Website is subject to the following disclaimers and notices:-
Disclaimers
We try to ensure that the information on the Website is accurate and helpful at all times. However, we cannot warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of or put on it except as specifically set out in these Terms of Use or as otherwise agreed between us in writing.
We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website, and (except as set out here) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website.
We are not responsible for the content of any websites that are linked to or from our Website or any third party adverts. We are not responsible for the legal consequences of you entering into any contracts with the third parties that provide these linked websites or adverts and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of your use of our Website and Services (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
While we have made certain content and images available for use in eCards, we do not control personalised content and/or images (including photographs) sent by users and, as such, are not responsible for it in any way whatsoever. If you receive an eCard via the Service that you think is unacceptable, you should report it to us by emailing us at and we will deal with it at our discretion.
Nothing in these Terms of Use operates so as to exclude, limit or restrict our liability for death, personal injury or fraud. Where you deal as a consumer, nothing in the above exclusions affects your rights under law.
Intellectual Property Rights
The content of all parts of the Website and the eCards belong to eCards Media Limited or its licensors. This includes copyright in all of the text, descriptions and images. It also includes trade marks in our name and logos.
You may download to a local hard disk and print extracts from this Website for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit.
Except in relation to images and/or content that you legally upload from a source other than the Website for the purposes of personalising an eCard (and which you are legally entitled to use for other purposes), none of the content of this Website or an eCard may be copied or otherwise incorporated into or stored in or distributed via any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other) and reproduction of part or all of the contents of the Website or an eCard in any form for commercial purposes is prohibited.
If you want to use any of our content for any purpose other than as set out above (which includes framing the Website) you must first contact us and obtain our permission.
If you insert an image, including a photograph, into an eCard from a source other than the Website, you must have the consent of the person whose image it is and/or the owner of that image to use that image before it is inserted into an eCard and to allow us to store the image for use by you in future eCards from time to time. In the case of images of children who are not capable of giving consent, you should ensure that the relevant consent is obtained from the child's parent or guardian.
By inserting an image into an eCard that you have obtained from a source other than the Website, you confirm that you have obtained the necessary consents referred to in the above paragraph. We do not accept any liability whatsoever for any image inserted by you into an eCard from a source other than the Website without the consent of the person, parent or guardian and/or owner (as the case may be).
You are solely responsible for any personalised content that you include in an eCard. You warrant that such content complies with these Terms and/or any relevant laws and regulations in force from time to time and agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of this warranty.
By uploading images (including photographs) from a source other than the Website for the purposes of creating an eCard and/or otherwise personalising an eCard, you grant us a non-exclusive, royalty-free, irrevocable right and licence to use such image and/or personalised content and to sub-license such use to others for the purposes of providing the Service.
What we do
We provide an eCard Service to you, you provide us with information and we send eCards on your behalf or we send an eCard to you on behalf of another person. We charge you an anual subscription from you for this Service. We will do our best to send an eCard based on the information provided, if this information is incorrect or for any reason we cannot send an eCard or the Service is not available we will not be liable to you for any loss whatsoever.
What you agree to do
When using our Website you agree that you will:-
1. use the Service and the Website only for lawful purposes;
2. accept full responsibility for any message you place and/or image you send through the Service;
3. ensure that the content of any message and/or image you send will not contain any, defamatory, offensive, pornographic, threatening, abusive, racist, vulgar, obscene, profane, indecent, unlawful, hateful or otherwise objectionable material or constitute an invasion of privacy and that you do not send a message and/or eCard that either will or is intended to, annoy, harass or intimidate another person;
4. ensure that any personalised content that you send, including without limitation any image obtained from a source other than the Website, does not infringe our or any other person's copyright, trade marks, patents, moral rights or other intellectual property rights of any nature;
5. not send a message and/or image which will constitute a criminal offence or give rise to a civil liability;
6. not use the Service to solicit other people to become users of competitive online services, advertise or offer for sale any goods or services, promote any surveys, contests or chain letters for any purpose whatsoever; and
7. not include hypertext links within a message and/or image you send through the Service.
What we can do
We reserve the right to:-
1. not send an eCard;
2. deny, at our sole discretion, your access to the Services and/or the Website without reason or notice and delete the contents of your account;
3. suspend your use of the Service and/or Website where you break these Terms of Use or the law; and/or
4. refer any matter to the police or the courts, where in our opinion, we consider the matter is of a criminal or illegal nature.
General Information
The Terms of Use, the Privacy Policy and the Website are governed by English Law and the English courts shall have non-exclusive jurisdiction over any dispute.
Terms Of Sale Agreement
The following additional terms apply only to those whose choose to become Members by purchasing a licence to send eCards.
1. These terms are in addition to the conditions for using the website above and nothing in these terms shall be deemed to override, or replace any of the above conditions.
2.The company hereby grants you a licence 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.
3.In order to become a Member, you must pay a Membership fee, payable by either debit or credit card. Please be aware that certain cards cannot be used for international payments and are not featured on our payment criteria. Your Membership will be activated immediately on receipt of your payment.
4. When you choose to pay by debit or credit card, the Company may offer you the opportunity to auto-renew. If you choose to auto-renew, on the anniversary of you becoming a member the company will charge your debit/credit card the then current price for another year of membership. Prices for renewal are the same as prices for new Members.
5. In order to use the site you will be required to select a password to be used in conjunction with your email address. You must not disclose the password to others, or permit others to use your password to access the site.
6. You may cancel your licence at any time. Unless terminated early, your licence will end on a date determined by the Company according to the amount of free paid paid by you in accordance with the price list published on the site.
7. Should your licence be cancelled or terminated, or the site closed for any reason whatsoever, refunds will be given solely at the discretion of the Company. Normally any refunds will only be given in the event of a technical problem that prevents you from using the site.
8. The company may modify this Agreement at any time by updating this page. By becoming a Member, you agree to be bound by any such revisions, and you should periodically visit the site to determine the Terms to which you are bound. If any of the rules contained in the Agreement are not acceptable to you, you should cancel your licence. Your continued use of the site now, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.
Any Questions?
If you have any questions about anything on this Website you can by contacting us.