ACCEPTABLE USE AND RULES POLICY
This Acceptable Use and Rules policy (this “Policy”) sets out the terms between you and us under which you may access our website www.dontsendmeacard.com (our site). This Policy applies to Account Holders and all other visitors to (“Users”) our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Policy, which supplement our website terms of use.
Our site is operated by Dontsendmeacard.com Ltd. ("We/Our"). We are registered in England and Wales under company number 08697972 and have our registered office at Chichester Place, 18 Southernhay East, Exeter, EX1 1QD.
Our Site is a platform where certain users (“Account Holders”) register and set up a page (“Occasion Page”) to receive a monetary gift or have a donation made to a charity or other third party chosen by the Account Holder (“Gift”) instead of and in preference to a greetings card, gift and the associated costs of these from other users (“Contributors”) and to promote this Occasion Page on our Site, by email and social media. The Occasion Page, promotion of the same and the management of payment of the gifts are referred to as the “Services”. Through our Site, email, websites, and other media, various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and works (“Content”) is made available. Account Holders, Contributors and other visitors to and users of the Service (“Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
Users in the UK, USA, Australia, Canada, or Ireland permitted to register as Account Holders and create and promote Occasion Pages and use the Services in accordance with this Policy and our Terms of Use. By registering as an Account Holder and creating any Occasion Pages you are asking those people who may wish to send you greetings cards to instead give a Gift through our Site. Gifts are processed securely through a third-party payments processor (currently PayPal) and Account Holders will as a condition of using the Services need to register for an account with that third party processor and comply with that third party processor’s terms and conditions. Account Holders agree as a condition of using the Services that our fees and the fees of the third-party payments processor will be deducted from Gifts.
As a condition of being an Account Holder and setting up an Occasion Page you will be required to register with us, select a screen name and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You will immediately notify us in writing of any unauthorised use of your account, or other known account-related security breach. We have the right to disable any account 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 these terms of use.
.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation. If you access our Services from locations outside the UK you do so at your own initiative and are responsible for compliance with local laws.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our website terms of use
• When registering as an Account Holder or setting up an Occasion Page you shall not use any name or term that
• (i) is the name of another person, with the intent to impersonate that person;
• (ii) is subject to any rights of another person, without appropriate authorisation;
• (iii) is offensive, vulgar, or obscene.
We reserve the right in our sole discretion to refuse or cancel your registration and account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another Account Holders account without the other Account Holders express permission
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation:
• Social Media Integration tools
• Email Integration Tools
• Chat rooms.
• Bulletin or comments boards.
(collectively referred to as “Interactive Services”).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for Users (and in particular, for children) from third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS
These content standards apply to any and all User Submissions, and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our absolute discretion, whether there has been a breach of this Policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Site.
• Immediate, temporary or permanent removal of any User Submissions.
• Immediate, temporary or permanent withdrawal or restriction of your registration as an Account Holder and access to any Occasion Pages.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy may also be superseded by provisions or notices published elsewhere on our Site.
