TERMS & CONDITIONS OF SERVICE

Last Updated:  April 19, 2007

INTRODUCTION
A Touch of Light Greeting Cards (also referred to as “We” “Us” and “Our”) has put together these Terms and Conditions of Service (“Agreement”) to better inform its website visitors and customers (“You” and “Your”) of what the rules are regarding the use of this website and doing business with Us.  This Agreement also incorporates the provisions of Our Privacy Policy (click here to access).

1.          ACCEPTANCE BY USE

By signing up for Our newsletter or promotional offers, registering or placing an order with Us, or in any way using Our website, You agree to the terms and conditions of this Agreement.  If these terms and conditions change in any way, Your continued use of Our website will signal Your agreement.  If You do not agree with anything contained in this Agreement, do not use Our website.

2.         DESCRIPTION OF SERVICE

A Touch of Light Greeting Cards sells downloadable greeting cards for your printout and use, as well as greeting cards in hard copy and sales of artwork (collectively “Merchandise”).

a.         DOWNLOADABLE GREETING CARDS

When You purchase a downloadable greeting card from Us, you are buying a limited, revocable, non-transferable license to print out and send that card (or number of cards if You have an annual subscription) to Your recipients.  You send them to Your recipients, not Us.  The downloadable greeting cards are sold and delivered to You, the User, and You may only use them for personal use.  This license does not cover commercial use of Our downloadable greeting cards and you may not resell, re-license or in any market them without Our express written consent.

b.         HARD COPY CARDS

We sell Our cards in hard copy format as well.  These cards are sold just as You would buy any cards at a greeting card shop.  They are boxed and shipped to You or Your recipient.

c.         ARTWORK

We sell quality artwork from recognized artists.  These pieces are carefully packaged and shipped to You or Your recipient.

3.         USER CONDUCT

You agree to the following:

1.  That You will abide by the terms and conditions of this Agreement as well as our Privacy Policy (click here to access) in compliance with applicable law;

2.  That You will not use Our website or Merchandise in an abusive, harassing, dangerous, unauthorized or inappropriate manner;

3.  That You will not use Our website or Merchandise to send obscene or inappropriate communications, or in any way manifest predatory behavior towards children.

4.  That You will fully cooperate with Us in the event We contact you regarding technical issues or other matters relating to Our website, Your use of Our website, Your orders placed with Us or any other matter.

5.  That You will not allow any third persons to use Your account with Us.  They can register themselves.

4.         PROPRIETARY RIGHTS

A Touch of Light Greeting Cards warrants to You that We are the true and lawful owner of all rights to the images contained in our Cards (both in downloadable and hard copy format) and Artwork, or that We have secured the rights from its true and lawful owners to license or sell You the images contained in Section Two of this Agreement.  Aside from this limited, revocable and non-transferable license, We reserve any and all additional rights.

5.         WARRANTY ISSUES

This website and all material on it are provided As-Is without any express or implied warranty of any kind, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.  All other warranties not expresssly set forth in this document are disclaimed.

6.         LIMITATION OF LIABILITY

You agree that the maximum amount of liability exposure that A Touch of Light Greeting Cards, its employees, agents, officers, directors and/or owners is a full and complete refund of all sums paid to Us by You.  In no event shall A Touch of Light Greeting Cards, its employees, agents, officers, directors and/or owners be liable for any direct, consequential, special, incidental, exemplary or punitive damages, for claims of lost profits, attorneys fees etc. - even if we have been placed on notice of such consequences.  This section covers any and all claims and/or causes of action that may be brought, including but not limited to breach of contract, breach of warranty, or negligence.

7.         INDEMNIFICATION

You agree to indemnify and hold Us harmless if as a result of Your use of Our websiteor Our Merchandise, we are faced with legal claims, incur any legal expenses or suffer liability exposure.  In such event, You agree to cooperate fully to assist Us in defending such claim.

8.         TERMINATION

We reserve the right in our sole discretion to terminate Your use of Our website.  Normally, We will only do so in order to prevent You from its misuse.  In the event We terminate your account and/or use of Our website, it does not prejudice Our ability to pursue any other legal remedies available to Us.

9.         SPAM

A Touch of Light Greeting Cards is dedicated to eliminating the use of unsolicited spam e-mails.  We do not send unsolicited e-mails, faxes, mailings or communications.  We do not share Your information with any third parties.  We have implemented internal safeguards to preserve the confidentiality of Your information.  Our communications are sent to recipients who expressly authorize us to do so.  We ask that when opting-in to any communication, that You only register Yourself to receive it.

10.        LINKS

Our website may contain links to other external websites.  If so, please keep in mind that they are not owned or under the control of A Touch of Light Greeting Cards.  These are completely different companies, which may have completely different terms of use.  We do not police these other companies, nor monitor their terms of use.  We are not responsible for the conduct of these companies and suggest You to use care when visiting these sites to familiarize yourself with their website’s terms of use.  If We link with business or ad partners and You order from these business or ad partners, You will not be dealing with us and must comply with their terms of use.  In such case, We suggest You take the time to familiarize yourself with these companies’ terms of use.

11.        MODIFICATION

We reserve the right to modify the terms and conditions of Your use of Our website at any time, for any reason and in Our sole discretion.  Your continued use of Our website will constitute Your agreement to be bound by the modifications.

12.        NO RESALES

Our downloadable greeting cards, hard copy cards and artwork are not for resale.  If you would like to discuss becoming a reseller of A Touch of Light Greeting Cards, please contact us.

13.        RESERVATION OF RIGHTS

Any rights not expressly given to You under this Agreement are reserved to Us.

14.        CHOICE OF LAW; VENUE

You agree that this Agreement, Your use of Our website, Your orders from Us and any and all disputes relating to these topics shall be governed under the laws of the State of Florida.  Proper venue for any dispute resolution proceeding shall be Broward County, Florida.  Your state’s laws may vary from the laws of Florida and may provide You with additional or different legal protections.  Please contact us at terms@atouchoflight.net if You have any concerns.

15.        NON-TRANSFER; NON-ASSIGNMENT

Your rights under this Agreement are non-transferable and non-assignable.  We strongly recommend that you do not let anyone else use Your account with Us.  Let them create their own.

16.        MONITORING

We reserve the right to monitor Your use of Our website to ensure Your compliance with this Agreement.

17.        SEVERABILITY

If any term or provision of this Agreement is declared to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining terms and provisions hereof.  You agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration or area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.

DIGITAL MILLENIUM COPYRIGHT ACT

Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is:

Steven N Goldberg   A Touch of Light Greeting Cards   1175 Grant St Hollywood Fl, 33019

CONTACT US

If You have any questions, comments or feedback about Our Terms and Conditions, please send Your comments to us at terms@atouchoflight.net