Terms & Conditions
The SaveATreeCards eCard Site (“eCard Site”) is owned and maintained by Logica3 Ltd. (“Logica3”). Below are our privacy and security policies.
Logica3 regards its users’ privacy, and the privacy of their eCard recipients, with the utmost respect. We understand the concerns of sharing business and personal data over the Internet, and have taken measures to insure that your messages and personal email addresses remain confidential.
Our site uses a secure Internet connection (SSL) for all credit card transactions and does not retain your credit card information on our server.
It is your responsibility to keep your password confidential. Do not give your password to anyone else, and “log out” of your session if you are leaving your computer unattended. Your session will automatically be terminated if you have no site activity for more than two hours. Under no circumstance will a Logica3 employees ever ask you to tell them your confidential password.
What information must users provide? Why do we collect it?
Logica3 requires that users provide a valid email address, a unique password, a first and last name, and the mailing address that appears on their credit card. We gather this information to insure that:
- The recipient can clearly identify the sender
- The credit card being used is valid
- No one else can have unauthorized access to your account
Logica3 may also use this information to notify users of important news, inform them of changes in their account status, and to confirm billing transactions. Logica3 reserves the right to occasionally mail or email to the user promotional material that pertains directly to the SaveATreeCards brand and service. We will never send mail or email to any of your recipients.
Cookies, Saved Content and Tracking Web Site Traffic
Your eCards will be saved on the SaveATreeCards.com server for 90 days after they are sent, so your recipients have ample time to retrieve them.
Logica3 also saves server data and web site statistics, which tell us about our site traffic. This data is used for determining how our site is being found, how visitors and users spend time on the site, and how the site is running.
Ownership and Copyright of Web Site Content
The SaveATreeCards.com eCard Site is a copyrighted intellectual property and product brand of Logica3 Ltd. and is protected and bound by all state, national and international commerce laws.
The following is a legal agreement between Logica3 Ltd. (“Logica3,” “we,” “us,” or “our”), the creators and providers of the eCard Site (“eCard Site”), and “you” (“customer,” “visitor,” “user”), the user of this site. By accessing, browsing and/or using this web site, you acknowledge that you have read, understand, and agree to be bound to these terms of service (“Terms”) and to comply with all applicable laws and regulations.
This agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Grant of License
The eCard Site grants the individual and company user a non-exclusive right to access and use the paid features of its service.
Ownership and Copyright of Web Site Content
The technology and processes used on the eCard Site are intellectual property rights reserved by Logica3 and are protected by local, national and international law. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the eCard Site or permit others to do so. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, any license, title or ownership of or to any intellectual property right of Logica3.
All of the images, interface elements and administrative text on the eCard Site are copyrighted intellectual property of Logica3, with the exception of trademarked and copyrighted material used by our users to create custom cards. The photographic and art images in our eCards are licensed or have been granted permission for use and may not be reproduced, in whole or in part, for any use other than as a SaveATreeCards.com eCard. Users may distribute images only via the eCard Site mail delivery system. Recipients may print their SaveATreeCards.com eCards, provided the image remains in context with the associated message and notice of copyright. The SaveATreeCards.com logo, images, or cards may not be used, reproduced or redistributed, in whole or in part, for commercial purposes without the express written consent of Logica3.
User Content Restrictions/Applicable Laws
It is the responsibility of the user to use the eCard site in compliance with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortious interference with business, invasion of privacy, and pornography. In the event that a user violates this provision, Logica3 shall have the right to consider same a breach of this agreement by user, which shall entitle Logica3 to terminate user immediately without prior notice.
It is the user’s responsibility to attain the rights to any content they send via the eCard Site.
Representation and/or Warranties
Logica3 makes no representations and cannot guarantee that a user’s content does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The user shall not hold Logica3 liable for any damages, injuries or losses incurred by a user as a result of any legal action instituted by a third party.
Inappropriate Content and Usage
Logica3 strictly prohibits the use of the eCard Site to upload, post, link to or otherwise transmit any content that is: unlawful, harmful, threatening, profane, abusive, harassing, tortious, terrorist, defamatory, vulgar, obscene or pornographic, or which may give rise to civil or criminal liability under applicable law; libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or which violates any copyright or other proprietary rights of another.
Logica3 does not intend to screen content transmitted by its users, is not responsible for such content, and reserves the right to immediately terminate any user that violates the rules set forth in this agreement.
It shall be within the sole discretion of Logica3 to deem material as inappropriate.
User understands that email and the Internet have inherent security vulnerabilities, and care must be taken to protect confidential information. Logica3 has designed the eCard Site using industry-standard security measures to protect the privacy and integrity of its users’ personal and confidential data. As an Internet- and email-based technology, the eCard Site is subject to the same risks and vulnerabilities as all web browser and email dependent products and services. For your protection, avoid sending or receiving confidential information, such as passwords or Social Security numbers, via the eCard Site.
User Account Access and Security
User shall be solely responsible for protecting the security of its eCard Site account and usage. User’s password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties.
Storage of your eCards order(s), including email lists and customization, will be saved on the Logica3 server for 90 days after they are sent.
User agrees that Logica3 shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
User further agrees that Logica3 shall not be held liable for any damages or losses sustained by user for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
User agrees that it shall not hold Logica3 liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
In no event shall Logica3’s liability exceed the total value paid to Logica3 by user.
User agrees to indemnify and hold Logica3 harmless in any legal action which arises as a result of user’s use of the eCard Site and Logica3’s services, without limitation or exception including, but not limited to any action brought against Logica3 by a third party.
Jurisdiction and Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms & Conditions or your use of the service shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Warranty Restrictions and Limitation of Liability
The materials, information and services provided on the eCard Site are provided “as is” without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Logica3 is not responsible for any failure of electronic greetings sent through the service to reach their intended recipients or to reach such recipients on the date specified by the sender. The materials, information and services available on the web site are subject to change without notice. Logica3 and any of its officers or employees shall not be held liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys’ fees) in any way due to, resulting from or arising in connection with your access to, inability to access or use of the site, or from your reliance on any information provided at the site.
This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Logica3 liability shall not exceed any sums paid pursuant this agreement. Logica3 does not take any responsibility for or assumes any liability for any content uploaded or otherwise transmitted by you, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse or profanity you may encounter in using the site. You agree to hold harmless Logica3 and its officers and employees from all claims based upon communications or materials made available by you on the web site.
Logica3 does not guarantee that any of its eCard Site materials or services are appropriate for use in locations outside of the United States, Canada and the United Kingdom. All charges for use of the eCard Site are due in U.S. dollars. Those who choose to access this eCard Site from other locations do so on their own initiative and are responsible for making payment in U.S. dollars, and using the site in compliance with local laws.
Third-Party Links to the eCard Site
Other Internet sites may offer a link to the eCard Site; Logica3 does not make any representations or give any warranties with respect to any information contained in or at these other sites. Logica3 is not liable for any damages or injury arising from the content of these other sites. Logica3 does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, that provide a link to the eCard Site.
Logica3 shall not be liable for any delay, in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials.
You hereby indemnify, defend and hold harmless Logica3, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Logica3 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
The terms and conditions of this agreement may be modified at the discretion of Logica3 with 30 days notice to user.
Unsolicited Mailings/Anti-spam Policy
Logica3 strictly prohibits the use of the eCard Site to send or relay unsolicited email (spam). If any user participates in the sending of unsolicited email, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly known as spam, their usage will be cancelled immediately and all access to the eCard Site will be terminated. Logica3 does not support the practice of spam and will terminate their association with any company or individual using our services if that company or individual has been identified as the source of unsolicited email/spam. If in violation, then all of a user’s information stored on Logica3 servers will be removed immediately. There are no exceptions and no second chances.
Logica3/SaveATreeCards.com Refund Policy
Because the SaveATreeCards eCard Site is a virtual service and not a tangible product, purchases made are final and non-refundable. SaveATreeCards will not give refunds for eCards that are not delivered due to technical issues for which SaveATreeCards is not responsible, such as a recipient’s spam filter settings. If there are disputes and chargeback fees incurred, the customer will be liable for those chargeback fees.
However, in the event of a distribution malfunction with the SaveATreeCards eCard site that cannot be remedied, a refund will be issued.