PRIVACY ASSURANCE
Mayflye-cards will ensure your on-line privacy in accordance with our terms and conditions.
MEMBERSHIP FEE
Mayflye-cards charges a small membership fee for free use of the e-cards on this site so that users do not need to be interrupted by advertising, particularly irritating pop-up advertising. The fees are as follows:- one year £3 or $6; two years £5 or $10.
MEMBERSHIP BENEFITS
As a member of the site, you are permitted for the duration of your membership full access to any of the existing cards and to any new cards created during the course of your membership. You can send them, in your name and altered to suit you, to anyone you like whenever you like. Non-members will be able to view them, and will also be able to browse the web site, but will not have access to send cards.
CHARITY CONTRIBUTIONS
10% of the profit made by Mayflye-cards from this web site is allocated to charity. The charity or charities chosen will be entirely at our discretion. If you wish to know which charity is benefiting when you buy an e-card from us, please send an e-mail to info@mayflye-cards.com
The terms themselves:-
TERMS AND CONDITIONS FOR USE OF THE SITE
In these Terms and Conditions:-
“Web Site” means (address of web site).
“Mayflye” or “Mayflye-cards” are trading styles and mean Michael Hutchinson.
You understand and accept that any reference in these terms to Mayflye-cards, particularly but not exclusively in relation to liability, is also a reference to Michael Hutchinson. In these terms and condition, any use of “we” and “our” means Mayflye-cards.
“E-Card Service” means the service provided by the Web Site for users to send e-cards.
“You” means any person using the facilities of this Web Site.
1. Mayflye-cards is the owner of this Web Site. Your use of the Web Site is conditional upon your acceptance of and adherence to and constitutes acceptance of and adherence to these Terms and Conditions.
2. You will not use this Web Site or the E-Card Service for commercial promotion or any other commercial purpose. You may not send e-cards to mailing lists or by automatic programs or as commercial tools. You will not send messages which threaten, harass, libel, defame or abuse recipients. You will not send viruses or harmful programs, offensive words or images or messages which claim to be from someone other than you. You will not send any material which invades the privacy of another individual or which infringes third party trade mark, copyright or other intellectual property rights. You agree that Mayflye-cards may at any time if it believes at its own
discretion that you are in breach of this term limit or suspend your right to send e-cards using this Web Site and the E-Card Service in any way that it chooses whether by reference to number of cards or number of recipients or otherwise howsoever and for as long as it deems proper. You further agree that Mayflye-cards may at any time if it believes at its own discretion that you are in breach of this term revoke your membership without compensation, and that Mayflye-cards may in addition pursue any other action which it deems appropriate. If you are in breach of this term you confirm irrevocably that Mayflye-cards shall have the right to disclose to third parties, including without
limitation recipients of e-cards sent by you and law enforcement agencies, all details we have concerning your account including but not limited to your personal details and cookie numbers.
3. You will in your use of the Web Site and the E-Card Service abide by all laws, rules and regulations which may be applicable to you.
4. You will not resell or commercially benefit from any of the materials available on this Web Site or from the E-Card Service.
4. Mayflye-cards may at any time monitor your use of the Web Site and of the E-Card Service.
5. You acknowledge that Mayflye-cards has no liability for statements made by other users of the Web Site or the E-Card Service, and that you rely upon those statements entirely at your own risk.
6. You accept that neither Mayflye-cards nor any employees of Mayflye-cards from time to time shall in any circumstance except in respect of death or personal injury caused by negligence be liable to you for any indirect, exemplary or consequential loss or damage including but not limited to loss of profit and legal fees whether due to negligence or otherwise arising out of or in connection with your use of the Web Site or the E-Card Service even if we have been advised of the possibility of such damages. Should this limitation of liability for any reason prove unenforceable, you agree that any damages we are required to pay to you in any situation shall be limited to the amount of the membership fee which you have paid to us. You agree to defend, indemnify and hold Mayflye-cards and any employees of Mayflye-cards from time to time to the fullest extent permissible by law harmless from and against any and all claim, demand, loss, damage, liability, cost and expense (including reasonable legal fees reasonably incurred) which we may suffer or incur as a result of any claim arising out of or in connection with your use of the Web Site or the E-Card Service. In the event of Mayflye-cards being required to defend any action as a direct or indirect result of your use of the Web Site or the E-Card Service, you will at your own expense co-operate with Mayflye-cards and provide all assistance that Mayflye-cards may reasonably require.
7. Mayflye-cards may at any time, without compensation and without notice terminate the provision of the Web Site and the E-Card Service if (a) due to any change in regulation or legislation Mayflye-cards is no longer able to provide the service or (b) due to any event beyond the reasonable control of Mayflye-cards including but not limited to technical difficulties Mayflye-cards is no longer able to provide the service. You acknowledge that Mayflye-cards -cards provides no warranty whatsoever with regard to the services provided by this Web Site and that Mayflye-cards has no liability to you for delay in delivery of services including the delivery of e-cards or for failure to deliver services including the delivery of e-cards.
8. You acknowledge that Mayflye-cards may at any time and at its sole discretion vary the e-cards and facilities which are available to members of the Web Site only and the e-cards and facilities that are available to both members and non-members.
9. You acknowledge that Mayflye-cards may modify these terms at any time, that the terms which may appear on the Web Site from time to time are the valid terms and that it is your responsibility to review the terms regularly so that you are aware of any changes.
10. When you register to use this Web Site and the E-Card Service, you will be asked to provide a password and a valid e-mail address. You agree to keep the password private, and not to permit the use of that password by anyone else. You agree that if you do permit anyone else to use your password, or if the e-mail address you provide is not valid, or if you change your e-mail address and do not advise us then we may cancel your membership without notice, without refund and without compensation. You may cancel your membership of the Web Site by notice to us at any time, but if you do you agree that you will not be entitled to a refund of any fees paid. If you opt for automatic renewal, you agree that we may use any credit card or means of payment particulars you have provided to operate the renewal at the annual membership cost prevailing at the time.
11. We will keep your details confidential, but if you have consented to receive communications from us you agree that we may use these details to send our own promotional material to you and to notify you of renewals. If you have provided us with the dates of birthdays of your friends and acquaintances, you agree that we may use these details to remind you in advance of those dates. If you choose to log on to the Web Site automatically, you agree that we may retain on our server by way of cookies the details that permit an automatic log-on to take place. You agree that we may retain on our server your payment information, details of recipients of your cards and records of your messages as long as we use this data solely for business analysis. You agree that the data covered by this section will be stored in the UK.
12. All materials, information, instructions, terms and software on the Web Site including without limitation the e-cards are the copyright of Mayflye-cards. You agree that you will not copy, alter, sell, transfer, republish, display or in any way use these materials except in accordance with these terms. You will not display this Web Site in a frame or in any way display this site elsewhere. You may link to the Web Site, but you will remove the link immediately should Mayflye-cards so request.
13. You agree that these terms shall be interpreted in accordance with English law and in respect of these terms you agree to submit to the exclusive jurisdiction of the English courts.
14. In the event that any of these terms shall be determined by any competent authority to be invalid unlawful or unenforceable to any extent you agree that such term condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid to the fullest extent permitted by law. Should we fail to enforce at any time any of these terms, you agree that this failure shall not be construed nor shall it be deemed to be a waiver of our rights nor in any way shall it effect the validity of the whole or any part of these terms nor shall it prejudice our rights to take subsequent action.
