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Terms of Use

TERMS OF USE AGREEMENT

Please read This Terms of Use Agreement Before Accessing Website.

Effective Date:
This Terms of Use Agreement was last updated on September 18, 2008.

This Terms of Use Agreement sets forth the standards of use of the Spirit of Horse eCards website, spiritofhorsecards.com (referred to herein as SOH eCards or SOH eCards Website, which is an electronic greeting card Internet subscription service for Registered Users ("Subscriber(s)" herein). By using the SOH eCards Website, you (the "Subscriber") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the SOH eCards Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service and Use Restrictions

A. Service

In exchange for a yearly subscription fee to be paid by Subscriber, Spirit of Horse eCards herein provides access to the SOH eCards Website enabling Subscriber to send electronic greeting cards ("E-Cards") and/or any other virtual products that may be offered currently or in the future on the SOH eCards Website. All content and materials on the SOH eCards Website are copyright-protected (see paragraph 2), and neither Subscribers, Users nor Visitors have the right to use or distribute any content on the SOH eCards Website except for viewing or sending electronic greeting cards or other products, as set forth herein, or by other means unless herein expressly provided.

B. Binding

All Subscribers/Users/Visitors agree to be subject to and bound by the terms and conditions set forth in this Terms of Use document, and in the Terms of Service as provided on the Subscribe page of the SOH eCards Website.

C. Membership Fees, Payments and Renewals

If you decide to become a member of the SOH eCards Website, you agree to pay an annual membership of $10.00, or a two-year membership for $16, in order to send as many e-Cards as you would like for your personal enjoyment, subject to these Terms of Use. SOH eCards reserves the right to increase the subscription fee periodically; however you will enjoy the rate at which you subscribed for the term you elected.

SOH eCards will contact you thirty (30) days prior to the expiration date of your membership with an "Invitation to Renew" your membership and service options. Since for your protection we do not store your financial information beyond the processing period of your subscription election, at the time of your subscription renewal we will ask you to submit your payment information again.

D. Links to the SOH eCards Website

Subscribers/Visitors/Users may include on your website a link to the SOH eCards Website, provided that (i) your website does not contain content that infringes any intellectual property or other proprietary right of Spirit of Horse eCards or a third party; is not defamatory, libelous or expresses hate or prejudice; is not pornographic, obscene or exploitative of a minor; and does not otherwise violate any applicable treaty, law or regulation; and (ii) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with the Spirit of Horse eCards or the SOH ecards Website. Spirit of Horse eCards reserves the right to revoke, at any time, this consent to any links to the SOH ecards Website. Your right to put a link on your website to the SOH ecards Website does not constitute a right or obligation for the SOH ecards Website to link to your website. Because we intend to keep the SOH ecards Website uncluttered and the content of high standards, we have strict controls and requirements regarding links or advertising. For more information about this, you may contact SOH ecards Website at the email address provided at the end of this Agreement. As Subscribers/Visitors/Users, you agree not to post, upload, or transmit to or via the SOH ecards Website, including without limitation through the "Contact Us" link, any information or other content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.

E. Access Restrictions

Subscribers/Visitors/Users will not interfere, in any way, with others' use of or access to the SOH ecards Website and will not attempt to gain unauthorized access to the account or computer system of any other SOH ecards Website user. You further agree not to take any other action in connection with your use of the SOH ecards Website which violates any applicable treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the SOH ecards Website. Spirit of Horse ecards assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the SOH ecards Website.

Subscribers/Visitors/Users agree to access the SOH ecards Website through a web browser. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the SOH ecards Website without prior written permission of an authorized officer of SOH ecards Website. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the SOH ecards Website.

Except as expressly provided herein, Subscribers/Visitors/Users may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way the SOH ecards Website or any portion of or information on the SOH ecards Website, without the prior written permission of Spirit of Horse eCards.

Violations of these Terms of Use on the SOH ecards Website will not be tolerated and may result in your being blocked from further use of the SOH ecards Website. If you are a Subscriber of the SOH ecards Website and you violate any of these Terms of Use, Spirit of Horse eCards and the SOH ecards Website may disable your subscribership without notice and without compensation or refund.

Unless specifically provided as a service herein, Subscribers/ Visitors/Users may not use the SOH ecards Website to send online greeting cards to mailing lists or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of using the SOH ecards Website is strictly prohibited.

2. Copyright Information

All content included or available on the SOH ecards Website, including without limitation, electronic greetings cards or any depictions of any part thereof, including artwork, photographs, designs, graphics, images, illustrations, audio clips, animations, text, logos, button icons, software and data compilations; any other products, services or formats, or any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement and assembly of all content on this site; is protected by the United States and international copyright and other intellectual property laws as the copyrighted property of Spirit of Horse eCards. and/or its licensors, i.e.: (1) (c)2008 Spirit of Horse eCards, and/or (2) the property of Spirit of Horse eCards and/or third party licensors protected by intellectual property rights, as set forth in Additional Copyright Declarations. Any use of materials on the SOH ecards Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SOH ecards and third-party licensors as Contributing Artists is strictly prohibited. Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of SOH ecards.

3. Disclaimer of Warranties.

The SOH ecards Website is provided by Spirit of Horse eCards on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, SOH ecards makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. SOH ecards shall have no liability for any interruptions in the use of this Website. SOH ecards disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, in which case the above-referenced exclusion is inapplicable.

4. Limitation of Liability

SOH ecards SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SOH ecards SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SOH ecards HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

5. Indemnification

Subscriber agrees to indemnify and hold Spirit of Horse eCards its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Subscriber's use of the Service, the violation of this Agreement, or infringement by Subscriber, or other user of the Service using Subscriber's computer, of any intellectual property or any other right of any person or entity.

6. Subscriber Account

All Subscribers to the SOH ecards Website shall receive a password and an account. Subscribers are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Subscriber agrees to notify SOH ecards of any unauthorized use of Subscriber's account or any other breach of security known or should be known to the Subscriber. Subscriber's right to use the Service is personal to the Subscriber. Subscriber agrees not to resell or make any commercial use of the Service without the express written consent of SOH ecards. For your convenience, the SOH ecards Website offers a "History of Activity" for each account; this also allows SOH ecards to detect any improper use of an account.

7. Modifications and Interruption to Service

For your protection and optimum functioning of our website, SOH ecards reserves the right to modify, temporarily suspend or discontinue the Service with or without notice to the Subscriber. SOH ecards shall not be liable to Subscriber or any third party should SOH ecards exercise its right to modify, temporarily suspend or discontinue the Service. Subscriber acknowledges and accepts that due to the nature of the Internet environment, the operation of our website could at some point be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Governing Jurisdiction of the Washington Courts

The Spirit of Horse eCards is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the SOH ecards Website you agree to do so subject to the internal laws of the State of Washington.

9. Compliance with Laws.

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the SOH ecards in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Botnets

SOH ecards retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, SOH ecards reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

11. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SOH ecards, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Subscriber. Subscriber agrees that by accepting this Terms of Use Agreement, Subscriber is consenting to the use and disclosure of personally identifiable information and other practices described in our Privacy Policy for navigational functions, recordkeeping, payments and any other SOH ecards internal use necessary to the efficient operation of its services and functions. Spirit of Horse eCards and the SOH ecards Website does not and will not sell or otherwise disclose your personal information or e-mail address to unrelated third parties for any reason other than the unlikely event of a legal compliance issue.

Thank you for visiting us! For any further questions or considerations, you may contact us at help@spiritofhorsecards.com

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Spirit of Horse eCards are created from the pastel paintings of Equine Artist Kim McElroy
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