Conditions of Use of Website and Terms of License Agreement
This is a legal agreement between You and the Company. By browsing or using the Site, You acknowledge that you have read, understood, and agree to be bound by these terms (the "Agreement"). If You do not agree to the terms and conditions of this Agreement, You should not use the Site.
Definitions
"Site" means the website www.jacquielawson.com
"Ecards" means the electronic greetings cards available on the Site
"Materials" means all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Site, including the Ecards and Digital Products
"The Company" means Microcourt Limited, a company registered in England and trading as jacquielawson.com
"Member" means any person who has purchased a membership to use Ecards and other features of the Site
"Digital Product" means a digital product available for purchase from the Site, including Advent Calendars and Cottage
"You" means any person visiting or browsing the Site, including but not limited to Members and "Your" shall be construed accordingly
Introduction
This Agreement is in two parts. The first part contains the conditions of use of the Site, and applies to all persons visiting, browsing or otherwise using the Site or Materials, including but not limited to Members. The second part contains the terms that apply only to those who choose to become Members or purchase Digital Products.
Intellectual Property
All Materials are protected by copyright and other forms of intellectual property, and are owned or controlled by the Company, its affiliates, or the parties credited in the copyright and trademark notices within the Materials. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company, its affiliates or the parties credited in the copyright and trade mark notices within the Materials.
Licence Grant
The Company hereby grants you a limited licence to use, in accordance with this Agreement, such Ecards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, Ecards or Digital Products is permitted save that permitted by this Agreement.
Use of the Site
The Site is only for domestic and private, non-commercial, use. You agree not to use this Site for any commercial or business purposes.
Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden.
You agree not through the use of the Site to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. You further agree that You will not send Ecards or Digital Products to anyone with the intent of harassing such person. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any such matter.
You may not use this Site to send Ecards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. The Company reserves the right to limit, in its sole discretion and without prior notice to You, the number of cards or messages that You may send using the Site and/or the number of recipients to which You send such cards or messages.
Changes to Our Site
All Materials are subject to change without notice. The Company may from time to time in its sole discretion publish or vary Ecards or Digital Products. The Company may further determine that certain of these Ecards are exclusively for the use of Members and that others are available also to non-Members. The Company may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.
No Reliance
The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at Your sole risk.
Limitation of Liability
The Company is not responsible for any failure of Ecards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.
To the extent permitted by law, the Company excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. If the Company fails to comply with this Agreement, it is responsible for loss or damage You suffer that is a foreseeable result of the Company's breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of the Company's breach or if it was contemplated by You and the Company at the date of this Agreement.
Any such loss or damage shall be limited to the amount of money the Company has received from You in connection with this Site. Please note that the Company only provides this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes. The Company has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Company will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any content on it, or on any website linked to it.
The Company does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
Changes to this Agreement
The Company may modify this Agreement at any time by updating this page. By using the Site, You agree to be bound by any such revisions and You should periodically visit the Site to determine the terms to which You are bound. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to You, You should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by You of such changes.
Applicable Law
This Agreement, its subject matter and its formation, are governed by English law. You and the Company both agree that the courts of England and Wales will have exclusive jurisdiction; provided, however, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, you may also bring proceedings in Scotland.
Additional Terms for Members and Purchasers of Digital Products
The following is an additional set of terms that apply only to those who choose to become Members or who purchase a Digital Product. These terms are in addition to the Conditions of Use of Site above and nothing in these terms overrides or replaces any of the above conditions.
Your Obligation to Pay
In order to become a Member or purchase a Digital Product, You must pay a fee and taxes where applicable. For more information visit, prices and membership. The purchase prices for Digital Products will be clearly stated at the time of purchase. You may pay for Your purchases by credit card or PayPal. The Company does not accept cheques or money orders
If You choose to pay by PayPal, Your membership will be activated after the Company receives payment from PayPal. The Company will not be liable for any additional fees resulting directly or indirectly from charges to Your PayPal account.
If You pay by credit or debit card, please be aware that the Company will send a small test transaction through Your credit or debit card account to make sure that the account You have given is valid. This test transaction may occur before any applicable free trial is over, or before Your membership has expired. This test transaction is not a charge, and will fall off Your account in approximately 72 hours - it is just a way to confirm that Your payment method is valid.
Automatic Renewal
We offer You the opportunity to auto-renew Your subscription. If You choose to auto-renew, at the end of the current membership period We will charge Your card the then-current price for another 12 month period of membership.
If You opted to have Your membership auto-renewed, You may cancel any further renewal period or Your choice of auto-renewal by visiting the Manage Membership page, emailing Us at help@jacquielawson.com or writing to Us at either address below, no fewer than five days before the renewal date of Your membership of Your desire to cancel.
Digital Products
Barring any technical changes to browsers or operating systems that are outside of the Company control, we will do our best to maintain certain digital products, such as our Advent Calendars or the English Garden, for your use for one year after the date last offered for sale on the site.
Activation Codes
When You purchase a Digital Product from the Site You will be given a unique activation code, which is required in order to use the product. This activation code may be used only by You or, if a gift, by one recipient. The Company may limit the number of times an activation code may be used, in order to prevent abuse.
Your Password and Email Address
In order to have a membership to the Site or purchase a Digital Product, You will be required to select a password to be used in conjunction with Your email address. You must not disclose this password to others or permit others to use Your password so as to access the Site. The Company has the right to disable any user identification code or password, whether chosen by You or allocated by the Company, at any time, if in its reasonable opinion You have failed to comply with any of the provisions of this Agreement.
You must ensure that the email address which You give as part of your membership details is Your correct and valid email address.
If You change your email address You must notify the Company by means of the facilities made available on the Site (i.e. by logging on and clicking My Details).
Termination and Right to Cancel
You may cancel Your membership or Digital Product at any time by writing to the Company at the address below. Your money will be fully refunded if the Company receives your request within the time prescribed by law (this varies depending on where You live). Otherwise, Your membership will end on a date determined by the Company according to the amount of the fee paid by You in accordance with the price list published on the Site. The Company reserves the right to cancel Your membership or Digital Product at any time by refunding Your money.
Changes to the Site
Your purchasing of a membership or Digital Product does not commit the Company to the future maintenance or availability of the Site nor to the release of further Ecards or Digital Products.
Contact Details
If you have a technical problem or any problem with your membership or payments, please use our Help pages to contact us.
If you need to write to us on any other matter please use the address below.
Microcourt Limited, trading as jacquielawson.com,UKG/Microcourt Mailroom,
Mill Street East,
Dewsbury
West Yorkshire
WF12 9AW
UNITED KINGDOM
Jacquie Lawson & Blue Mountain Membership Bundle
TERMS AND CONDITIONS OF JACQUIE LAWSON & BLUE MOUNTAIN MEMBERSHIP BUNDLE
Thank you for signing up for the Jacquie Lawson & Blue Mountain membership bundle (Bundle). These Terms and Conditions govern Your subscription for and use of the Bundle, including Your rights to cancel. By subscribing for the Bundle You have the unlimited right to send Ecards subject to these Terms and Conditions.
The Bundle is a joint offering of (i) American Greetings Corporation, an Ohio corporation (EIN number 34-0065325) and located at One American Blvd, Cleveland, OH 44145 (AG) and (ii) Microcourt Limited, a company registered in England and Wales under company number 04309397 and its registered office at UK Greetings, Inc. Mill Street East, Dewsbury, WF12 9AW, United Kingdom; VAT number GB794103821 (Microcourt).
Separate terms of services or terms of use apply to each of the Sites and those terms apply in addition to these Terms and Conditions – those separate terms of use may include information as to how You can interact with other users of the Sites. In addition, separate terms and conditions may apply to any additional products that You purchase from the Sites that are not part of the Bundle.
The Privacy Policies relevant to each Site are available here www.bluemountain.com/privacy-policy and www.jacquielawson.com/privacy-policy. Each of AG and Microcourt act as an independent controller in respect of the personal data You provide.
These Terms and Conditions apply to Your purchase of Ecards available through the Bundle to the exclusion of any other terms and conditions of purchase available on the Sites.
By subscribing for the Bundle You confirm that You are 18 years of age or older or have reached the age of majority in the jurisdiction in which You reside and that You agree to these Terms and Conditions.
Definitions
“Sites” means the websites www.jacquielawson.com and www.bluemountain.com, and “Site” means such of them as is relevant in the context.
“Ecards” means electronic greetings cards available on the Sites, including any so-called “SmashUps” and “Creatacards”.
“Materials” means all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Sites, including the Ecards.
“You” (and derivatives thereof) means the person subscribing for the Bundle.
“We” (and derivatives thereof) means each of AG in respect of BlueMountain.com, and Microcourt in respect of jacquilawson.com, or both of them as is relevant in the context.
Relationship between AG and Microcourt
With the exception of obligations and liabilities in respect of personal data, for which only the relevant controller will be responsible and liable, the liability of AG and Microcourt is joint and several, meaning that You can pursue either AG or Microcourt, or both, in respect of any breach of these Terms and Conditions in respect of the Bundle.
Notices You give to AG are considered as given at the same time to Microcourt and notices You give to Microcourt are considered as given at the same time to AG.
Equally, a notice given to You by AG will be considered as given at the same time by Microcourt and a notice given to You by Microcourt will be considered as given at the same time by AG.
AG and Microcourt may decide to withdraw the Bundle for any reason. In such event written notice will be provided to You and either the subscription for the Bundle will cease at the end of the then-current subscription period or You will be refunded a pro-rata sum for the period after the effective date of termination for which You have paid.
Your Obligation to Pay
In order to subscribe for the membership Bundle, You must pay the relevant fee and taxes where applicable. For more information visit bluemountain.com purchase-of-products-and-services and jacquielawson.com/prices-membership . Payment is by way of a one-off charge for the future 12 month period.
You may pay for Your membership for the Bundle by all available payment options. Payment will be collected by either AG or Microcourt as which entity is operating the Site through which You subscribe for the Bundle.
If You choose to pay by PayPal, Your membership will be activated after We receive payment from PayPal. We will not be liable for any additional fees resulting directly or indirectly from charges to Your PayPal account.
If You pay by credit or debit card, please be aware that We will send a small test transaction through Your credit or debit card account to make sure that the account You have given is valid. This test transaction may occur before any applicable free trial is over, or before Your membership has expired. This test transaction is not a charge, and will fall off Your account in approximately 72 hours - it is just a way to confirm that Your payment method is valid.
Automatic Renewal
Your membership for the Bundle is for an initial period of 12 months during which time You will not have the right to bring the contract to an end unless We are in breach of these Terms and Conditions, or You exercise Your right to terminate during the cooling-off period provided that You reside outside the United States and Canada, or initiated your subscription for the Bundle through Microcourt and the jacquielawsom.com site.
We offer You the opportunity to auto-renew Your subscription to the Bundle. If You choose to auto-renew, at the end of the current membership period We will charge Your card the then-current price for another 12 month period of membership.
If You opted to have Your subscription for the Bundle auto-renewed, You may cancel any further renewal period or Your choice of auto-renewal by visiting the Manage Membership page, emailing Us at help@support.BlueMountain.com or help@jacquielawson.com or writing to Us at either address above, no fewer than five days before the renewal date of Your membership of Your desire to cancel.
Prices for renewal will be the same as the prices for new members signing up for the Bundle at the renewal date and can be found by visiting the website from where You initiated your subscription – You should note that these may be greater than the price You paid for the initial membership period. If You do not elect to auto-renew Your subscription to the Bundle will end at the end of the membership period.
Cooling-off Period (applicable to residents outside the United States and Canada)
If You reside outside the United States and Canada, or initiated your subscription for the Bundle through Microcourt and the jacquielawson.com website, you have the right to cancel Your subscription for the Bundle during the period beginning on the day You subscribed for the Bundle and ending at the end of the period of 14 days beginning with the day after the day on which You subscribed for the Bundle.
In addition, where You opted to have Your subscription for the Bundle auto-renewed You will have the right during a “renewal cooling-off period” to cancel Your subscription for the Bundle during the period beginning with the day on which a relevant renewal of the contract occurs, and ending at the end of the period of 14 days beginning with the day after that day.
If You exercise Your right to cancel We will refund to You the price paid for the Bundle for the future subscription period less a reasonable sum to reflect any Ecards sent by You during the cooling-off period, calculated at the standard rate paid by a one-off consumer for such Ecards. This may mean that no refund may be available to You.
Refunds by the method You used for payment within 14 days of receipt of Your termination notice.
Cancellation
To exercise Your rights to cancel You can email Us at help@support.BlueMountain.com or help@jacquielawson.com, or write to Us at either address above, or telephone Us at 1-888-254-1450.
Reminder Notices
Where You have elected to auto-renew Your subscription for the Bundle We will send You a reminder notice at least 14 days in advance of the date of auto-renewal. Renewal notices will be sent to the email address provided to Us and will include the information We are required to provide by law.
Your Rights if Something is Wrong with an Ecard
If You think there is something wrong with Your Ecard, You should contact Us at help@support.BlueMountain.com or. help@jacquielawson.com. We honour Our legal duty to provide You with products that are as described to You on the Sites and that meet all the requirements imposed by law.
Your Password and Email Address
In order to subscribe for the Bundle, You will be required to select a password to be used in conjunction with Your email address. You must not disclose this password to others or permit others to use Your password so as to access the Sites. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of this Agreement.
You must ensure that the email address which You give as part of your membership details is Your correct and valid email address.
If You change Your email address You must notify Us by means of the facilities made available for such purposes (i.e. by logging on and clicking My Details). Changing Your details for one Site will not automatically change them for the other Site. You must make changes on both Sites.
Terms and Conditions for Ecards available through the Bundle
All Materials made available on the Sites are protected by copyright and other forms of intellectual property, and are owned or licensed by Us. You agree that any copy of the Materials that You make or have in Your possession shall be unaltered and shall retain all copyright and other proprietary notices. We hereby grant You a limited licence to use, in accordance with these Terms and Conditions, the Materials for the purpose only of sending Ecards and using features of the Sites, as are from time to time available through the membership Bundle.
Where We provide functionality for You to send an Ecard to a third party You represent and warrant that You have the consent of the recipient to send that message. You further acknowledge and agree that, as between You and Us, You are the sender of such an Ecard and We act merely as a delivery agent.
You may not use the Sites to send electronic messages, cards, or other content to mailing lists or to send unsolicited bulk or commercial messages. You are solely responsible for Your actions and communications undertaken or transmitted using the Sites and Your account. Neither We nor our affiliates exercise editorial control over Your transmissions but reserve the right to report any illegal transmissions.
Limitation of Liability
We are not responsible for any failure of Ecards available through the Bundle and sent through the Sites to reach their intended recipients or to reach such recipients on the date specified by the sender.
If We fail to comply with these Terms and Conditions We are responsible for loss or damage You suffer that is a foreseeable result of Our breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by You and Us at the date You subscribed for the Bundle. Such loss or damage will not exceed any sums paid to Us by You.
We do not exclude or limit in any way its liability to You where it would be unlawful to do so.
If defective digital content that We have supplied, damages a device or digital content belonging to You and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay You compensation (which will not exceed the maximum replacement cost of the damaged device). However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
As We only provide the Sites and the Bundle for domestic and private use We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Changes to these Terms and Conditions
We may modify these Terms and Conditions from time to time. Every time You use the Sites You should check these terms to ensure You understand the Terms and Conditions that apply at the time.
Transfer
We may transfer or assign Our rights and obligations under these Terms and Conditions to another organisation. In any event a transfer will not affect Your rights under these Terms and Conditions.
You need Our written consent to transfer Your rights to someone else.
General
No third party shall have any rights to enforce any of these Terms and Conditions.
If a court or other authority decides that some of these Terms and Conditions are unlawful, the rest will continue to apply.
We might not immediately chase You for not doing something (like paying) or for doing something You are not allowed to, but that does not mean we cannot do so later.
Notices
You consent to receive notifications from Us electronically to the email address You provide to Us. You agree that all notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form.
Applicable Law
If You reside in the United States, the laws of the State of Ohio without giving effect to any principles of conflicts of law apply to these Terms and Conditions. Except for disputes relating to the infringement of Your or AG's intellectual property (such as trademarks, trade dress, copyright and patents) or where You or AG are seeking a preliminary injunction (Excluded Disputes), You agree that all disputes between You and AG (whether or not such dispute involves a third-party) with regard to these Terms and Conditions and/or the Bundle will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and You hereby expressly waive trial by jury. Neither You nor AG will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Ohio law. The arbitration will be conducted in Cuyahoga County, Ohio, in the English language by three arbitrators appointed in accordance with the American Arbitration Association's Rules. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to this arbitration provision or the Excluded Disputes will be filed only in the state or federal courts located in Cuyahoga County, Ohio and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If you reside outside of the United States and Canada, these Terms and Conditions and their subject matter are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction to resolve any disputes arising pursuant to or in respect of them. Nothing in these Terms and Conditions restricts any right You may have as a consumer under any law binding on Us and that is incapable of exclusion to bring a claim in Your country of residence.