Legal

Summary of Hallmark Cards Terms and Conditions

This is a summary only. Complete terms and conditions are set out below and can be accessed by scrolling down this page. Please note that while our terms may change from time to time, you will always find the most recent version here.

Your personal information is protected: Your privacy is important to us and we take great care to protect it. Please see our Privacy Policy for details.
You control who sees your photos: The Site is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members you invite have access to your photos.
Email communication: Hallmark Cards intends to send and you agree to receive email confirmations regarding orders placed with Hallmark Cards.

To read the complete Hallmark Cards Terms and Conditions, please see below.

Hallmark Cards Terms and Conditions

Before you enter the Site or use any of the Hallmark Cards services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. Please see the section below entitled "Modification of Terms" for more information. In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control.

By your initial acceptance of the Terms and your continued use of the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Hallmark Cards that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at info@hallmarkcards.com.au. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, you will not be able to access the Site or use the Service.

Terms of Use
Digital Image Storage
User Conduct
No Resale of Service
Third Party Software
Privacy Policy
Copyright
Indemnity
Limited Warranty
Limitation of Liability
Termination
Choice of Law
Modification of Terms
Entire Agreement
Reporting Violations

I. Terms of Use

You must be a Hallmark Cards member and reside in Australia to become a member of the Site ("Site Member") and use the Service. The Service is only available to you if you submit certain requested information to Hallmark Cards, including (but not limited to) your name and a valid Hallmark Cards membership number and a valid email address. In addition, by becoming a Site Member, you agree to provide us with true, accurate, current and complete information about yourself when such information is required for the Services you select.

A condition of being a Site Member is your "Active Participation" in the Service. Active Participation means purchasing photo merchandise (including reprints and enlargements) through the Site at least once every 365 days. If your Site Member account is inactive for more than 365 days, we may terminate your Site Membership (or any part thereof) or use of the Service, and remove and discard any content, including (without limitation) any and all information, communications, postings, albums, image files or any other content within the Service. Please refer to Termination for more terms affecting your Site Membership.

II. Digital Image Storage

As long as you are an active participant in the Site, we offer unlimited storage of your online photos from digital photos that you upload to your account. There is no limit to the number of digital photos you can upload and store.

III. User Conduct

We are committed to ensuring that our Service remains a fun and safe place to order prints and other content. Users are encouraged to use the Service to print creative material, including (without limitation) photographs and if and when available, gifting products. To this end, we require that every user of the Service agrees not to print, digitize, upload or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of content:

Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
Copyrighted material that is used without the express permission of the owner.
Content that violates or encroaches on the rights of others.
Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Service.
Content that advocates illegal activity.
Content that harms minors in any way.
Any links or connections to any of the above.

Hallmark Cards (as defined below) have the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Service may be subject to examination from time to time. You acknowledge that although Hallmark Cards do not and will not examine and review all content submitted or transmitted to the Service, Hallmark Cards have the absolute right (but not the obligation) to review, delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all content (whether private or public) that is uploaded on the Site is the sole responsibility of the person who submitted it. In other words, you are responsible for any content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to content you may consider offensive and you take sole responsibility for such exposure. You also acknowledge that neither Hallmark Cards guarantees in any way the accuracy, quality or appropriateness of content available on the Site. In no event shall either Hallmark Cards (including their respective officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Site including (without limitation) errors or omissions in such content and loss or damage incurred as a result of such use of such content.

IV. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.

V. Third Party Software

As a convenience to our users, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

By downloading third party software, you acknowledge and agree that Hallmark Cards does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Hallmark Cards makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Hallmark Cards (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

VI. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

VII. Copyright

What You License to Hallmark Cards

In order for us to transmit your photos to Hallmark Cards (collectively, "Hallmark Cards") for fulfillment, we need the right to make use of all content on the Service (in accordance with and subject to these Terms). Accordingly, as a condition to your use, you hereby grant Hallmark Cards a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Service by you, solely for the purpose of providing the Service. In no event will Hallmark Cards print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, etc.). You remain the owner of all content that you submit to the Service and as a condition to use, you represent and warrant to Hallmark Cards that you are the owner of the copyright to content you submit to the Service or that you have written permission from the copyright owner to submit such content.

Copyright Protection for Content on the Service

All the information, content, image files, software and materials offered by our Service is protected by Canadian and international copyright laws and by other applicable laws. You understand that Hallmark Cards is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Hallmark Cards has the absolute right to exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Hallmark Cards has a process in place to respond to your concerns. Please contact us about the Copyright Infringement.

VIII. Indemnity

You agree to indemnify, defend and hold harmless Hallmark Cards (including its and their officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms or any activity related to your use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service using your personal information.

IX. Limited Warranty

Exclusive Remedy: Any product and service available through the Service is provided on an "as is" and "as available" basis. Your use of the Service is at your own risk. Hallmark Cards warrants only that photographic materials provided shall be returned to you in usable condition. In the event that your print(s) or if and when available, gifting product(s) are damaged, or are of unacceptable quantity or quality, lost or not returned, Hallmark Card's sole obligation, and your sole and exclusive remedy, shall be for Hallmark Cards to either:
1. refund the full amount of the purchase price of such prints that you have paid for, or
2. resubmit you order at no extra cost.
Disclaimer: Except for the above express limited warranty, to the extent permitted under applicable law, Hallmark Cards expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Hallmark Cards makes no warranty that:
1. the Site or Service will be provided in a manner that is uninterrupted, timely, secure, or error free,
2. the Site or Service are or will be free of viruses or other harmful components, or
3. the Service, Site or content provided will meet your requirements.

Hallmark Cards makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Site or that are advertised on the Site. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

X. Limitation of Liability

You expressly acknowledge and agree that, to the fullest extent permitted under law, Hallmark Cards will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the Site or the Service, even if you have been advised of the possibility of such damages. This foregoing limitation applies to damages arising from:

use or inability to use the Service;
cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the Service;
unauthorized access to or alteration of your transmissions by third parties;
third party content made available to you through the Service or
any other matter relating to the Service.

Some provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from province to province.

XI. Termination

You agree and acknowledge that Hallmark Cards, in its sole discretion, may terminate your use of the Service, and remove and discard any content including, but not limited to, any and all information, communications, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:

Conduct violating these Terms or other policies or guidelines set forth by Hallmark Cards elsewhere on the Site;
Conduct that Hallmark Cards believes is harmful to other users of the Service, Hallmark Cards Members, Hallmark Cards, the business of Hallmark Cards, or other third party information providers;
Failure to continue Active Participation; or
Conduct that violates the letter or spirit of these Terms.

Further, you agree that Hallmark Cards shall not be liable to you or any third-party for any termination of your access to the Service.

XII. Choice of Law

These Terms shall be governed by and construed in accordance with the laws applicable in Australia and are subject to any applicable laws of Victoria, Australia. The courts located in Victoria, Australia shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. By acceptance of the terms and use of the service you consent to personal jurisdiction and venue by the courts of Victoria, Australia.

XIII. Modification of Terms

You agree that Hallmark Cards reserves the right to amend the Terms at any time, for any reason, with notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Hallmark Cards shall be prospective only, shall be posted on this Site and will require your acceptance in order to continue use of the Service.

XIV. Entire Agreement

These Terms constitute the entire agreement between you and Hallmark Cards and govern your use of the Service, superseding any prior agreements between you and Hallmark Cards. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of Hallmark Cards to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within two (2) years from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action shall be forever barred.

XV. Reporting Violations

You can report abuse of these Terms to info@hallmarkcards.com.au.