By using this CardFantastic.com website, you acknowledge that any and all content on the site is protected by copyright and other proprietary rights, including the photographs, illustrations, text, greeting card sentiments, animations and design elements found in the various greeting card products. You further acknowledge that such copyright and proprietary rights are retained and exercised by CardFantastic.com, its owners, and the contributing artists, photographers, writers, designers and/or other third parties.
2. Intended Use of Site Content
The greeting card content available on this site has an intended use of printing or emailing as personal greetings amongst friends, acquaintances and relatives. You may even send these greetings to others within the scope of your commercial acquaintances (ie. business contacts, customers, suppliers, etc.). We also allow personal users to post a limited number of cards on a personal website, social networking page or blog. (This is limited to a maximum of 2 individual card designs appearing on only one of the pages of an entire website, where the CardFantastic.com logo, copyright information and active link to our site is included.)
3. Human-Readable Terms and Conditions
By using this website and accessing or downloading the greeting card content or any other files contained herein, you agree to abide by and be bound by the following terms and conditions.
What you are NOT allowed do:
A.) DO NOT SELL THE CARDS. The greeting cards on this site are provided for free for personal use. We own the copyright to this intellectual property and prohibit the sale, re-sale and/or any manner of redistribution for any financial or commercial gain.
B) DO NOT POST A COLLECTION OF OUR CARD FILES ON ANY WEBSITE. We would love for you to provide a link to our site if you want to let people know about our free greeting cards! You may even post a thumbnail picture of one or two of our cards as the anchor for the link. But do not even consider hosting our content as a collection of greeting cards – free or not - on your or any other website. (Any more than one of our cards would be considered a collection.)
C) DO NOT REMOVE, OBSCURE OR MODIFY OUR LOGO OR COPYRIGHT INFORMATION. We own the copyright to these cards. Whether printed, sent as an email, or posted on a social networking page, website or blog; inclusion of the logo and copyright information as originally provided by download from this site is mandatory.
D) DO NOT PLAGIARIZE OR PUBLISH THE PERSONAL GREETINGS/TEXT/SENTIMENTS IN ANY WAY. Not only are the pictures, drawings and designs copyrighted, the textual greetings contained in the cards are original content composed by our staff and/or contributing writers, so we own the copyright to the greetings as well. Use of, publication or sale of our textual greetings outside of the intended use is a breach of our copyright and shall be pursued legally.
E) DO NOT USE THE CARDS, PICTURES, ILLUSTRATIONS OR TEXT IN ANY COMMERCIAL MANNER.
F) DO NOT MODIFY, EDIT OR PRODUCE DERIVATIVE WORKS FROM OUR CONTENT. Doing so is prohibited and does not remove our proprietary rights to our content.
G) DO NOT DOWNLOAD THESE CARDS FOR USE BY OTHERS. Please select only the one or two cards that you intend to send to someone when you access this site. Do not download cards to be used by others and do not store the electronic files of these cards beyond what is required to print or send electronically.
What you ARE allowed to do:
A) ENJOY USING OUR GREETINGS AS INTENDED. (*See “Intended Use of Site Content” above)
B) PRINT, SEND, GIVE OR EMAIL CARDS TO PERSONAL FRIENDS, ACQUAINTANCES AND RELATIVES.
C) SEND THE CARD TO BUSINESS CONTACTS OR ASSOCIATES. Yes, you may SEND the cards on a commercial basis without any objection. We only ask that you ensure that our logo and copyright information remains intact.
D) TEMPORARILY STORE THE GREETING CARD ELECTRONICALLY. Once you have sent the card, either electronically or by printing and delivering manually, we expect that you will delete the file(s) permanently as you do not “own” the file(s).
E) POST ONE OF OUR ANIMATED GIF OR SWF (flash) or JPG GREETINGS ON YOUR PERSONAL WEBSITE, SOCIAL NETWORKING PAGE OR BLOG. Again, our logo and copyright information must be shown.
F) POST ONE OF OUR ANIMATED GIF, SWF (flash) or JPG GREETINGS ON YOUR COMMERCIAL WEBSITE. Yes, we do allow this, as long as it is not part of a collection of more than one of our greetings. We also REQUIRE an active link to www.CardFantastic.com, appearing beside or below the image.
You, the user agree to indemnify, defend and hold CardFantastic, its affiliates, and their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees (collectively, "Indemnitees") harmless from and against all claims, liabilities, losses, costs and expenses (including attorney/lawyers’ fees on a solicitor and client basis) or other liability incurred by CardFantastic.com arising from or in connection with the user’s breach of any of his or her obligations under this Agreement, and from any and all uses of content, including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation or right of privacy.
CardFantastic.com shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by the Member with counsel of its own choosing. The user shall fully cooperate with CardFantastic.com and/or its counsel in the defense of any such claim, action or matter.
5. Limitation of Liability
You assume all responsibility and risk for use of this website, including without limitation any of the content or information contained herein. You acknowledge that CardFantstic.com does not have releases for the trademarks, logos, personally identifiable individuals or other intellectual property of other parties that may be depicted in some of the images appearing anywhere on our site. The greeting cards contained herein are provided on a gratis basis and therefore releases from property owners, designers or manufacturers of commercial products, such as but not limited to, packaged products, vehicles, aircraft, recognizable buildings, designer clothing, etc., that are depicted in some photographs or illustrations that may appear in the greeting card content. It is your responsibility to obtain any such releases should you choose to use an image in such a manner that it is publicly viewable, either in print or electronic form.
CardFantastic.com has taken care to ensure that any human subject depicted incidentally in any greeting card design has been rendered unrecognizable, but nonetheless, these images have not been cleared for commercial use, such as for example, in an advertisement. CardFantastic.com prohibits any editing, production of derivative works or use of any images, illustrations or designs on this website by any user, be it personal or commercial. Should a user breach this condition and use any of our content outside of the intended use, that user is wholly responsible for any claim which may arise.
A limited number of graphic designs contained in the greeting card designs are derivatives of public domain or royalty-free images. There is no authorized use of the derivative products of such images, beyond our intended use. Content provided on the website’s pages is provided “as is” and, except as set forth in this Agreement, neither CardFantastic.com nor its affiliates, nor their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees make any representations or warranties, express or implied, including any implied warranties of merchantability of fitness for a particular purpose.
In no event shall CardFantastic.com or any of its affiliates or their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profit, interruption, loss of business information or any other financial loss) in association with a claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including, but not limited to, your use of, reliance upon, access to or exploitation of this site, the content or any part thereof, or any rights granted to you hereunder, even if CardFantastic.com has been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.
Notwithstanding the above, IN NO EVENT SHALL CARDFANTASTIC.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR REVENUES OR OTHER ECONOMIC LOSS OF LICENSEE OR ANY THIRD PARTY), WITH RESPECT TO THE USE OR EXPLOITATION OF ANY PART OF THIS WEBSITE OR ANY OF THE CONTENT IN ANY MANNER WHATSOEVER, WHETHER IN TORT, CONTRACT OR OTHERWISE, AND WHETHER OR NOT CARDFANTASTIC.COM HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING IS NOT ENFORCEABLE FOR ANY REASON, MORGUEFILE'S TOTAL LIABILITY HEREUNDER SHALL NOT EXCEED FIVE ($5.00) CANADIAN DOLLARS. Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, the user. In such jurisdictions, the liability of CardFantastic.com or any of its affiliates or their directors, officers, employees, shareholders, partners or agents shall be limited to the greatest extent permitted by law.
6. Concluding Acknowledgement
Your use of this website denotes your understanding of this Agreement and your covenant to be bound by all terms and conditions set forth herein.