Terms of Service
We may amend the terms of this Agreement from time to time and will post the updated terms on this Site when we do so. Your continuing use of the Website will be taken to be acceptance of the new terms.
Carddle provides a range of services (the “Services”) which, amongst other things, enable you to publish, sell and purchase greeting cards, and receive the benefits of Carddle's facilitation of product fulfilment, including payment processing, customer services and third party product manufacturing and shipping.
The digital content on the Website ("Content") may be information, text, data, graphics, images, photographs or any other material posted online by users.
It is important to note your access to and use of the Website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Website or any other reason within or outside our control. We reserve the right to suspend or discontinue the availability of the Website and/or any service and/or remove any Content at any time and without prior notice. We may also impose limits on certain features and services or restrict your access to parts of or all of the Website and the Services without notice or liability.
The Website should not be used or relied upon for storage of your Content and you are strongly advised to retain your own copies of all Content posted on the Website.
You can become a registered user ("Member") of the Website by setting up a password protected account. You will be required to select a username when registering to become a Member. We may refuse any username that we deem inappropriate and/or prevent any person from becoming a Member. You must become a Member before placing or editing any Content on the Website.
Any information you choose to publish in the section of your profile may be viewed, distributed or linked to within the Website or in the course of delivering our Services.
You are responsible for actions made on the Website using your password, including any products purchased or sold and any Content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
We reserve the right to suspend your account at any time if we believe that you have broken the terms of this Agreement.
Putting Content on the Website
When you submit or upload Content to the Website you represent and warrant that:
- you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have all of the rights required to display, reproduce and sell the Content;
- the Content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
- your use of the Website will comply with all applicable law, rules and regulations;
- the Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- the Content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
- the Content does not offer or disseminate fraudulent goods, services, schemes, or promotions.
We reserve the right to remove any Content from the Website at any time if that Content breaches this Agreement and/or any applicable laws, or otherwise. You agree to indemnify us in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Intellectual Property Rights and License
You keep the copyright in any Content you submit or upload to the Website but grant Carddle a non-exclusive license to use and archive the content in accordance with or as reasonably contemplated by this Agreement.
All intellectual property rights in the Website and the Services are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorised by this Agreement, you may not in any form or by any means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
- commercialize any information, products or services obtained from any part of the Website, without our written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Website).
We respect the intellectual property rights of others and ask you to do the same. It is our policy to respond promptly to any claim that Content posted on the Website infringes the copyright or other intellectual property infringement ("Infringement") of any person. We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action where we believe an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Website.
To notify us of a possible Infringement, please email email@example.com with a detailed description of the alleged Infringement sufficient to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide us with a counter notice in writing to the attention of "Copyright Infringement Counter Notification" at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable Carddle to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking legal advice.
We do not manually screen Content before it is displayed on the Website so occasionally users may inadvertently or deliberately submit and display Content that breaches this Agreement.
Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. We reserve the right to remove or edit such Content.
Please let us know straight away about any inappropriate, or potentially inappropriate, Content you see on the Website by emailing email@example.com.
You will be paid for the sale of your Content in accordance with the Carddle Fees ("Fees") in effect at the time a customer purchases any Content submitted by you. We reserve the right to change the Fees at any time. We will notify you of changes to the Fees by posting an announcement on the Website. You shall be responsible for reviewing any such changes. Your continued use of the Website, including the continued posting of your Content on the Website after a change in Fees will signify your acceptance of the revised Fees.
In addition to the foregoing, the following terms and conditions shall apply to payment of Fees to you for your Content sold through the Website:
- The purchase and sale of your Content will be deemed to be complete 30 days after payment is received by us from the customer.
- Fees shall not be paid in respect of any Content that is returned for exchange or refund.
- Payments will only be made to valid PayPal accounts.
- Payments will be made when requested by the user.
- Payments will only be made once the total fees reach £20 or more.
- We may deduct or withhold from any amount owing to you any withholding taxes, or other levies as required by applicable law. You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you.
- It is your responsibility to ensure that your payment details are accurate and up to date. We will not be liable for any loss suffered by you if you provide us with incorrect details.
We will not be obligated to pay any Fees in respect of Content that is used in the Website, third party sites, or in other locations for promotional purposes.
Purchasing a Product on Carddle
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is your responsibility to ensure that the delivery address is correct. We take no responsibility for any product you do not receive because of errors in the delivery address given to us.
Please be aware that publishing to the Website is creator-controlled and we do not screen all of the Content on our Website. It is the your responsibility to verify the quality of the Content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product.
We do not warrant, endorse, make representations about or recommend any Content offered or provided by any user.
We do not represent or guarantee that our Website or Services, or any other site that is accessible using a hyperlink from the Website will be free from errors or viruses. We do not represent or guarantee that access to these Websites or Services will be uninterrupted.
You acknowledge that our Website and Services may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any users’ uploads to the Website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded Content will be available on the Website. If we elect in our sole discretion to make available Content on the Website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the repair of such goods;the payment of the cost of having the services supplied again.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of any clause of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Your privacy is extremely important to us. We only collect personal information that is relevant to the purpose of the Website. This information allows us to provide you with a customized and efficient experience and also enable you to increase sales of your Content. We will never give out your contact details without your permission.
We may terminate or suspend any and all Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the services will immediately cease. All provisions of the Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to remove all Content from your account prior to termination.
The Agreement is governed by the laws of England. Any disputes or differences arising out of these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.