Terms and Conditions
These terms are effective as of: February 13, 2018.
PRODUCT & SERVICES INFORMATION.
Heritage Cards provides customizable photographic products which include genealogy cards and trading cards. All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
Items purchased from this site are sold to you for your personal use and not for resale. Heritage Cards reserves the right, at its sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary and intellectual property laws, including without limitation those of the United States, and all rights therein are the property of Heritage Cards or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
Neither this Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Heritage Cards neither warrants nor represents that use of Content displayed on this Site will not infringe rights of third parties not owned by or affiliated with Heritage Cards.
Your use of and browsing of this Site are at your own risk. Neither Heritage Cards nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Heritage Cards also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, and/or images from this Site.
You hereby release and hold harmless Heritage Cards, its affiliates, licensors, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of this Site and/or in connection with Heritage Cards’ use of the Content. In consideration for your agreement herein, Heritage Cards will provide access to this Site.
You agree to reimburse and indemnify Heritage Cards and its licensees and sub-licensees and assigns for any and all damages and expenses (including attorney’s fees and costs) that they may incur from claims based on use of the Content.
This Site is a commercial site NOT intended for use by children or anyone under the age of 18 years of age. You must be at least 18 years of age to make a purchase on this Site’s online store.
FOR PARENTS CONCERNING PRIVACY.
Heritage Cards does not consider this Site to be of interest to anyone under the age of 18. However, Heritage Cards believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
GENERAL PERMISSIONS AND RESTRICTIONS.
Heritage Cards hereby grants you permission to access and use this Site as set forth herein, provided that:
- You agree not to alter or modify any part of the Site, except as provided for herein.
- You agree not to access the Contents of this Site through any technology or means other than the authorized webpages and/or applications designated by Heritage Cards, or other explicitly authorized means Heritage Cards may designate in writing.
- You agree not to use this Site for any commercial use without the prior written authorization of Heritage Cards. Prohibited commercial uses include any of the following actions taken without Heritage Cards’ express approval:
- sale of access to the Site or its related services on any other websites;
- use of the Site or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Site or any third-party website, targeted to the specific Content of the Site; and
- any use of the Site or its related services that Heritage Cards finds, in its sole discretion, to use the Content with the effect of competing with or displacing the market for the Site or its Content.
4. Prohibited commercial uses do not include any use that Heritage Cards expressly authorizes in writing.
5. Where expressly allowed by Heritage Cards, if you use any Content of the Site on another website, you must include a prominent text link back to the Site on the pages where the Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized such Content.
6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in any manner. Notwithstanding the foregoing, Heritage Cards grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Heritage Cards reserves the right to revoke these exceptions either generally or in specific cases.
7. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by Heritage Cards (e.g., comments, messaging, etc.) for any commercial solicitation purposes.
8. You will otherwise comply with the terms and conditions contained herein, and all applicable local, national, and international laws and regulations.
9. Heritage Cards reserves the right to discontinue any aspect of the Site at any time.
You understand that all images and information are the sole responsibility of the person/customer from which such Content originated. This means that You and not Heritage Cards are entirely responsible for all content that You upload, email or mail to us. By ordering cards and photo products, You acknowledge that You own the copyright to the images in Your order or that You have obtained the written permission of the copyright owner.
Heritage Cards require that any person using the Services refrain from uploading, posting, sharing or otherwise using this Site to process “Prohibited Content.” Generally, Prohibited Content includes (without limitation) any of the following:
- For any unlawful purposes.
- To upload, post, order, email or otherwise transmit or communicate any material that is obscene, offensive, deceptive (including content sent from an anonymous or false address), blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable.
- Copyrighted material that is used without the express permission of the owner.
- Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights.
- To harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct.
- Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others (“phishing”).
- Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may cause any defect, error, malfunction or corruption to the Service or Heritage Cards.
- To transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- To impersonate any person or entity, or otherwise to misrepresent Your affiliation with a person or entity.
- To collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user’s password, screen name or other registration information without the user’s express knowledge and consent.
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
- To attempt to upload images by any method to another user’s account without permission.
- To make images hosted by Heritage Cards available for viewing by the general public through a publicly posted link to the image or otherwise.
- Any links to the above.
You certify that You own the rights to use the image(s) being reproduced on Your heritage card(s). Any licensing, permission or approval required for use of any information, logos or images is Your responsibility.
You understand that You control the privacy of any Content You elect to post by granting access under Your personal password. When You, or someone to whom You have given access, places an order using Your password, You grant Heritage Cards the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for Heritage Cards to complete Your order or until You delete the Content from the Service.
You acknowledge that Heritage Cards does not pre-screen Content, but that Heritage Cards and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the Terms or may otherwise be objectionable.
You further acknowledge and agree that Heritage Cards may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Heritage Cards, its customers, and the public.
You agree by accessing, browsing or otherwise using the Site, the Site and Content are, remain and/or will become the sole property of Heritage Cards and/or third-party providers, as applicable. Except as expressly permitted by Heritage Cards in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Site and Content, and (ii) upload and store any Content for your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
Unless otherwise provided in writing by Heritage Cards, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic.
ADDITIONAL USER RESTRICTIONS.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Site.
- The Content on the Site, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to Heritage Cards or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. Heritage Cards reserves all rights not expressly granted in and to the Site and the Content.
- To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of the Site. User comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited herein.
- You may access the Content of the Site and other content only as permitted herein. Heritage Cards reserves all rights not expressly granted in and to the Content and the Site and application.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through Heritage Cards for any commercial purposes.
- You may access the Content of the Site which is comprised of images and designs whether in .pdf, catalogue, or sample card form. Heritage Cards grants to You a non-exclusive, non-sub licensable right to view and download copies of these images on Your personal computer for purposes of determining which designs/images to order from the Site. You may not utilize the designs/images in any manner that is not expressly permitted in this agreement. Except as specifically provided in this agreement, You may not share, copy, print, modify, alter, remove any watermarks or copyright notices, or otherwise make derivative works from all or any portion of the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
- You understand that when using the Site, you may be exposed to content from a variety of sources, and that Heritage Cards is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Heritage Cards with respect thereto, and agree to indemnify and hold Heritage Cards, its Owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the Site.
USE & STORAGE.
You acknowledge that Heritage Cards may establish general practices and limits concerning the maximum number of days that designs or other uploaded content will be retained, as well as the maximum size of any content that may be uploaded.
- You agree that Heritage Cards has no responsibility or liability for the deletion or failure to store any content transmitted to us via upload or email.
- You acknowledge that Heritage Cards reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to You.
USER IDS AND PASSWORDS.
Access to certain areas of the Site or the Content are limited by a user identifier (“User ID”) and password, which is selected and/or supplied as part of the registering for a personal account with Heritage Cards. By registering, you represent, warrant and covenant that: (i) You are of lawful age in your jurisdiction to access the Site and its Content; (ii) You are using your actual identity; (iii) You have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto the Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through the Site. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third party.
In addition, you agree that you are entirely responsible for any and all activities which occur under your account whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account should you fail to sufficiently disconnect and/or log off the Site and/or a public computer system. Accordingly, you absolve and release Heritage Cards from any claim of harm resulting from a third party undertaking the activities.
Heritage Cards reserves the right to deny or revoke access to the Site, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify Heritage Cards immediately at: email@example.com.
CANCELLATION OF ACCOUNT.
Heritage Cards reserves the right to cancel or discontinue accounts which have been inactive for more than 365 days at our discretion.
All order(s) are processed through either FirstData (Clover), PayPal, Stripe, or Square. “Heritage Cards, LLC” will appear on Your credit card statement.
All charge(s) will be made at the time of placing Your order(s).
PRODUCTION & SHIPPING.
Orders will be processed and shipped within 5 to 20 business days, unless otherwise stated on the Site. Please allow another 5 to 10 business days for delivery, unless otherwise stated on the Site. Standard shipping charges apply.
Heritage Cards will always act to make sure that production difficulties do not delay delivery schedules. In no case shall Heritage Cards be liable for any consequence or damages resulting from any delay in shipment or delivery. All Heritage Cards customers agree not to hold Heritage Cards liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Heritage Cards’ direct control. Heritage Cards shipment and delivery dates are calculated based upon estimates provided by our suppliers. Heritage Cards will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and/or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Heritage Cards is not responsible for third-party shipping errors, omissions or damaged shipments. When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Heritage Cards will reship the package with corrected address and charge an additional shipping fee for the shipment.
Please note that we only ship to P.O. boxes when the USPS is the mail carrier.
PRICING & PROVISION OF SERVICES.
Subject to the Terms and Conditions of this Agreement, Heritage Cards agrees to fulfill Your online orders such as print and reprint, order processing and other Services that may be amended by Heritage Cards in accordance with its practices and procedures from time to time, at prices and subject to the other Terms and conditions that are set forth on the Site. All prices are stated in U.S. dollars and are valid until altered by Heritage Cards. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to Your order during the checkout process. Heritage Cards makes every effort to provide current and accurate information about products, Services and prices but we do not guarantee the accuracy of such information. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of Your order. In the event that You order products and the price published on the Service was incorrect, Heritage Cards will contact You to let You know the correct price and ask You whether You still wish Heritage Cards to fulfill Your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
Heritage Cards offers a 100% satisfaction guarantee on the quality of our custom heritage card(s). Customers are 100% responsible for the accuracy of the text, info, and labeled photographs submitted for inclusion on their heritage card(s). Customers must review and proofread their card(s) before they are allowed to “add to cart” and finalize their order. In order to do so, the customer must check the approval box accepting the terms and conditions on the proof page. Please proofread all information on order(s) carefully before ordering. If Heritage Cards is at fault, we will refund or reprint any card(s) with errors, provided that the mistakes are not made by the customer. If it is the customer’s error(s), no refund will be issued. Shipping charges are not refundable.
All materials and information on this Site, including, without limitation, the Heritage Cards logo, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by Heritage Cards, or otherwise used with permission by Heritage Cards. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by Heritage Cards without the prior written permission of Heritage Cards. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Heritage Cards’ copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from Heritage Cards. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to Heritage Cards c/o Michael P. Kochka, Esq., FisherBroyles, LLP, 7 Frances Drive, Freehold, NJ 07728.
You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to You by the copyright holder. No releases are granted by Licensor in connection with the delivery of Content.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any such requests to Heritage Cards via email addressed to Myheritagecards.com at: firstname.lastname@example.org.
All trademarks, service marks, titles, domain names, logos, and company names (collectively “Trademarks”) referred to on the Site are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Heritage Cards or its affiliates or licensors. You may not place or reproduce any trademarks, Service marks, designs, or logos that are not owned by You or licensed to You onto materials and merchandise to be printed via Heritage Cards Service. Words, names, and designs used to identify Services or products are considered trademarks, Service marks, and/or logos. Heritage Cards’ Trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. In countries where any of the Heritage Cards’ trademarks, service marks, domain names, logos and company names is not registered, Heritage Cards claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on the Site may be trademarks of their respective owners.
Other names and brands used on this Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Heritage Cards or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Heritage Cards, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Heritage Cards.
OTHER INTELLECTUAL PROPERTY RIGHTS.
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Site and the Content, and all intellectual property rights embodied therein, are the property of Heritage Cards or its licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
(i) the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to Heritage Cards, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
(ii) You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
(iii) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with Heritage Cards;
(iv) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(v) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
(vi) misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to Heritage Cards and that in such event money damages may not constitute sufficient compensation to Heritage Cards; consequently; and
(vii) in the event of any misappropriation or misuse, Heritage Cards shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which Heritage Cards may be entitled.
In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE OF ENFORCEMENT.
We vigorously enforce our intellectual property rights to the fullest extent of the law. Accordingly, we may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
THIRD PARTY WEBSITES.
We may provide on this Site links to other websites or resources operated by other entities not affiliated with. If you use these third-party sites or resources, you will leave this Site.
This Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Heritage Cards website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
DATA PROTECTION CONSENT.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.
This Site is generally available 24 hours a day, 7 days a week. However, Heritage Cards retains the right to make this Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance, as well as equipment or software failures. You agree that Heritage Cards shall not be liable for any damages arising from any interruption, suspension or Termination of this Site.
You are solely responsible for information which You upload to or post on this Site, including the Submitted Materials. Heritage Cards does not regularly review any material uploaded to or posted on this Site by users or third parties. You agree that Heritage Cards has no obligation to monitor content on this Site, or links to other web Sites contained on this Site, and expressly disclaims any responsibility to filter any such content. However, Heritage Cards may take any action with respect to such content or information as it deems necessary or appropriate in its sole discretion if Heritage Cards believes such information may give rise to liability to Heritage Cards or other parties or interfere with or impair Heritage Cards relationship with any customer or user.
In consideration of your use of this Site, you agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Heritage Cards reserves all rights and remedies available to it.
FOR THE PROTECTION OF Heritage Cards AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM THE SITE AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS” – RMS). If You do not consent to the use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site.
THE SITE AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. HERITAGE CARDS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. HERITAGE CARDS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE SITE.
HERITAGE CARDS DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HERITAGE CARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT HERITAGE CARDS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT OR IMAGE TO SITE, AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR MATERIAL THROUGH THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, DAMAGE TO, YOUR CONTENT OR IMAGES HERITAGE CARDS SHALL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY, NOT TO EXCEED THE VALUE OF THE IMPACTED ORDER.
HERITAGE CARDS GRANTS NO RIGHTS AND MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, INDIVIDUALS, LIKENESSES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
LIMITATIONS ON LIABILITY.
HERITAGE CARDS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. HERITAGE CARDS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY HERITAGE CARDS OR BY AN AUTHORIZED HERITAGE CARDS REPRESENTATIVE, OR AN AUTHORIZED HERITAGE CARDS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. HERITAGE CARDS’ TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO HERITAGE CARDS, IF ANY, TO ACCESS THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HERITAGE CARDS, HERITAGE CARDS’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
(i) YOUR USE OF THE SITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE;
(ii) ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH THE SITE;
(iii) ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN; AND
(iv) ANY ACTIVITY RELATED TO YOUR SITE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR SITE ACCOUNT.
RELEASE FOR FORCE MAJEURE.
You absolve and release Heritage Cards and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION.
Heritage Cards reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to the Site and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through the Site.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from the Site, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon Heritage Cards’ request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by Heritage Cards.
Any legal notice, other document or communication required or permitted hereunder to Heritage Cards will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to Heritage Cards c/o Michael P. Kochka, Esq., FisherBroyles, LLP, 7 Frances Drive, Freehold, NJ 07728.
Notices to Heritage Cards shall be deemed delivered when actually received by Heritage Cards or its authorized representatives.
Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to Heritage Cards when you register. Such notice will be deemed received by you the next business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from Heritage Cards, you represent and warrant to Heritage Cards that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION / COMPLIANCE WITH LAWS.
Except as described otherwise, Heritage Cards is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND HERITAGE CARDS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and Heritage Cards (the “parties”) concerning the Site or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by Heritage Cards to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by Heritage Cards of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
Heritage Cards is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and Heritage Cards.
CONTINUED USE DEEMED ACCEPTANCE.
This constitutes the entire agreement between you and Heritage Cards with respect to your use of the Site and the Content, and supersedes any and all prior understandings or agreements between you and Heritage Cards, whether written or oral. You acknowledge that, in providing you access to and use of the Site and the Content, Heritage Cards has relied on your acceptance of this agreement.