Terms of Service
These Terms of Service are a contract between you and EiQ Interactive LLC, a company with its principle place of business in Lake Ozark, MO USA ("EiQ Interactive"). EiQ Interactive operates www.EcardWidget.com ("EcardWidget Site") and the form document generation, collection and storage services therein (collectively the "Service"). By using the EcardWidget Site and any services accessible from the EcardWidget Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the EcardWidget Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE EcardWidget SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE EcardWidget SITE AT YOUR OWN RISK.
License Grants & Restrictions.EiQ Interactive hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the EcardWidget Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the EcardWidget Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the EcardWidget Site. All rights not expressly granted to you are reserved by EiQ Interactive and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the EcardWidget Site in any way; (ii) modify or make derivative works based upon the EcardWidget Site; (iii) reverse engineer or access the EcardWidget Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the EcardWidget Site, or (c) copy any features, functions or graphics of the EcardWidget Site. You further acknowledge and agree that, as between the parties, EiQ Interactive owns all right, title, and interest in and to the EcardWidget Site, including all intellectual property rights therein.
Your Responsibilities.You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the EcardWidget Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify EcardWidget.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to EcardWidget.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the EcardWidget Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the EcardWidget Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the EcardWidget Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
Impermissible Acts.As a condition to your use of the EcardWidget Site, you agree not to:
- upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the EcardWidget Site;
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the EcardWidget Site;
- reverse engineer, decompile or disassemble any of the software used to provide the EcardWidget Site;
- reproduce, duplicate or copy or exploit any other portion of the EcardWidget Site, without the express written permission of EiQ Interactive;
- interfere with or disrupt the EcardWidget Site, or any servers or networks connected to the EcardWidget Site, or disobey any requirements, procedures, policies or regulations of networks connected to the EcardWidget Site;
- obtain, collect, store or modify the personal information about other users;
- modify, adapt or hack the EcardWidget Site or falsely imply that some other site is associated with the EcardWidget Site or EiQ Interactive; or
- use the EcardWidget Site for any illegal or unauthorized purpose. You must not, in the use of the EcardWidget Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading.A valid credit card is required for paying accounts. The EcardWidget Site is billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You will be billed immediately upon signing up for a paying account. After signing up for a paying account and you don't cancel that account before the renewal date, you will be billed monthly or annually depending on the starting on the 30th/356th day after your account was initially created respectively. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.
Any payments refunded to current customers, in the case of multiple or over-payments, are subject to a 10% service charge to cover the processing fees from our card processor.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
DOWNGRADING YOUR EcardWidget SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. EIQ INTERACTIVE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Violation of these Terms of Service.EiQ Interactive reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. EiQ Interactive may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that EiQ Interactive has no obligation to pre-screen or monitor your access to or use of the EcardWidget Site or any information, materials or other content provided or made available through the EcardWidget Site, but has the right to do so. You hereby agree that EiQ Interactive may, in the exercise of EiQ Interactive's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Cancellation.You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the "Edit My Account" page in the navigation bar of the Members Area and then the "Cancel My Account" button, or sending EiQ Interactive an email to the following email address: [email protected]teractive.com. The "Edit My Account" page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from EiQ Interactive once your account is cancelled. Please be aware that EiQ Interactive may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Termination.EiQ Interactive, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case EiQ Interactive may refuse to provide you any current or future use of the EcardWidget Site, or any other EiQ Interactive Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from EiQ Interactive once your account is terminated; however EiQ Interactive may for a time retain residual information in our backup and/or archival copies of our database.
EiQ Interactive reserves the right to refuse service to anyone for any reason at any time.
Modifications to the EcardWidget Site and Prices.- EiQ Interactive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the EcardWidget Site and Service (or any part thereof) with or without notice.
- Prices of all EcardWidget Sites, including but not limited to monthly subscription plan fees to the EcardWidget Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the EcardWidget Site.
- EiQ Interactive shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the EcardWidget Site.
- EiQ Interactive reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current EcardWidget Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the EcardWidget Site after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership.We claim no intellectual property rights over the material you provide to the EcardWidget Site. Your profile and materials uploaded remain yours. EiQ Interactive does not pre-screen Content, but EiQ Interactive and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the EcardWidget Site.
NOTIFICATION OF CLAIMS OF INFRINGEMENT.If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify EiQ Interactive's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
EiQ Interactive LLC
87 Hampton Bay Rd
Eldon, MO USA
Please provide our Agent with the following Notice:
- Identify the material on the EcardWidget Site site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
EiQ Interactive will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Disclaimer of Warranties.THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE EcardWidget SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. EIQ INTERACTIVE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EIQ INTERACTIVE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. EIQ INTERACTIVE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE EcardWidget SITE WILL BE CORRECTED. EIQ INTERACTIVE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. EIQ INTERACTIVE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EIQ INTERACTIVE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EcardWidget SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE EcardWidget SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability.UNDER NO CIRCUMSTANCES SHALL EIQ INTERACTIVE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR EcardWidget SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EIQ INTERACTIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR EcardWidget SITE, FROM INABILITY TO USE THE SERVICES OR EcardWidget SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR EcardWidget SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR EcardWidget SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EIQ INTERACTIVE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall EiQ Interactive or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
General.These Terms of Service will be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of EiQ Interactive.
Questions about the Terms of Service should be addressed to [email protected]
Questions about billing should be addressed to [email protected].