USE OF SITE
Access to and use of the Site is solely for personal, noncommercial purposes. Except as expressly authorized, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time at our sole discretion.
You may create a member account by selecting a username that has not already been taken and by creating a password. You are responsible for safeguarding the confidentiality of your username and password. You agree not to disclose this information to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBILE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
Subject to and conditioned upon your compliance with these Terms, OMGbabycards.com grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site without the written consent of OMGbabycards.com. While using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate contact information;
- Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Transmit any code or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
If you fail to comply with the above rules, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Site.
COPYRIGHT POLICY
OMGbabycards.com respects the intellectual property rights of others and expects users of the Site to do the same. It is our policy to respond to notices of any actual or alleged infringement and to terminate the accounts of repeat infringers in appropriate circumstances. If you believe in good faith that a work has been copied in a way that constitutes an infringement of your copyright, you should send a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, send us a counter-notice.
OMGbabycards and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site and all content thereon other than User Supplied Material (described below) and the copyrights, images, trademarks, and logos contained therein and all intellectual property rights associated therewith. You agree you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of OMGbabycards.
MATERIALS SUBMITTED BY CUSTOMER
Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant OMGbabycards and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service by OMGbabycards.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that your User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
- None of the Submissions will be subject to any obligation whether of confidentiality, attribution or otherwise, on our part or on the part of any of our assignees, sublicensees or designees, and neither we or our assignees, sublicensees or designees will be liable for any use or disclosure of any such User Submitted Materials.
- You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, by deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, by suspending processing and shipping of any order relating to any User Submitted Materials), and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests, or for any other reason or purpose.
- You agree to indemnify and hold OMGbabycards.com and its directors, officers, shareholders, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers, and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your breach of these Terms, any other agreement or terms of use with OMGbabycards.com, and any representation or warranty contained herein or therein; (ii) your User Submitted Materials; and/or (iii) your activities in connection with obtaining any products or services from OMGbabycards.com.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless OMGbabycards.com, its officers, directors, shareholders, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with OMGbabycards.com. You agree that OMGbabycards.com may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.
THIRD-PARTY LINKS
We may provide links to third-party websites or resources from the Site. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and OMGbabycards.com does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.
GENERAL TERMS
These Terms constitute the entire agreement between OMGbabycards.com and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. These Terms may be modified from time to time by OMGbabycards.com, and any use by you of the Site following such modification shall be deemed your acceptance thereof. OMGbabycards.com's choice to not immediately enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. OMGbabycards.com shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island and the Providence Plantations, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Rhode Island and the Providence Plantations.
In our normal order process we request information from the user on our order form. Here a user must provide contact information (like name, phone number and shipping address) and billing information (like credit card number, expiration date). This information is used for billing purposes and to fill the customer's order. If we have trouble processing an order, this contact information is used to get in touch with the user. If you submit a different address for shipping than for billing, that personal information is only used for the purpose of shipping the package. Information collected by phone, fax or physical mail is treated identically to that delivered via our Site.
Typically within 2 business days of receiving your order request, you will be provided with a digital Adobe PDF (Portable Document Format) file containing an image of your customized card. Upon receipt of your explicit approval, the design will be submitted for printing and shipment to you.
PROOFS
You are entitled to two proof revisions consisting of text changes or standard layout modifications free of charge.
CUSTOMIZATION CHARGES
We charge a $5 customization fee for up to five lines of additional text on any card, and for each additional proof revision after two complimentary revisions. We charge a $15 fee for use of a unique font color or unique typestyle other than those normally offered for the card.
RESTRICTIONS
Please note that, due to copyright laws, graphics from one card cannot be added to another card. Similarly we cannot add clipart or images submitted by a customer to any cards, and we cannot add photos to non-photo cards.
CANCELLATIONS
A $15 cancellation fee applies whenever we do not receive a response to an electronic proof within 45 days from the day your order is received. Your order will be cancelled and we will refund the cost, less customization, rush and proof processing fees. Additionally, we will cancel any order already in production at your request, subject to the cancellation fee.
SAMPLE CARDS
A sample of up to 3 cards can be purchased for $5.00, plus $2 for each additional sample card. Samples are available for many cards on our website. The product sample might be blank, for you to examine the color, weight and quality; it may not include printing unless you explicitly request a printed sample and printed samples are available.
TELEPHONE ORDERS
Should you wish to place an order by phone, you may do so Monday through Friday from 9:00 am to 5:00 pm Eastern time. Please note that while your order may be taken over the phone, whatever text you wish to be printed on the stationery must be either e-mailed or faxed to us to ensure proper spelling, spacing, layout, etc.
SALES TAX
Applicable sales tax will be applied to all orders shipped to addresses within the State of Rhode Island and the Providence Plantations.
INTERNATIONAL ORDERS
At this time, OMGbabycards.com is unable to fulfill orders outside of the United States of America.
ENVIRONMENTAL CONCERNS
OMGbabycards.com uses papers imported from Europe according to European environmental standards and soy-based inks produced in the United States. We strive to minimize the impact of our business activities on the environment, including prefering to ship our products packed in biodegradable, cellulose-based packing materials. Nevertheless, we cannot guarantee the environmental friendliness of any product in particular. The thermographic printing process, which results in the ink taking a raised texture, might require the addition of non-biodegradable components to the ink. Additionally, some envelopes contain plastic windows. The glues and some decorative elements used in some cards and decorative aspects of some of the papers are not necessarily biodegradable.
PAYMENT
OMGbabycards.com accepts most major credit cards: MasterCard, Visa, American Express and Discover; via PayPal. Large volume or repeat corporate customers may contact us to discuss other payment options.
REFUND POLICY
We strive to offer you the best possible customer service available. If you are unhappy with your purchase for any reason, contact us within 45 days of receiving your order and we will be happy to arrange a refund, subject to the conditions detailed elsewhere in this document.
NO LOWEST-PRICE GUARANTEE
Because OMGbabycards.com offers only the highest-quality cards, using papers imported from Europe and imprinted and decorated in the United States using only soy-based inks, we cannot offer to match or beat the prices of any of our competitors. Even cards which appear largely similar to ours might not be printed on equal-quality paper or with equal-quality inks.
RE-ORDERING
If you approve a proof that has a textual error and the order has already been printed, you are required to reorder the items in order to amend the error. We extend a 25% off discount to reorders of this type, and we provide a complimentary, updated proof for your approval to ensure that all errors are corrected before we proceed with reprinting.
REFUNDS
We make every reasonable effort to process your order as close to your exact specifications as quickly as possible. However, since our cards are typeset, printed, inspected and packaged by hand, we realize that circumstances sometimes occur that result in an order not entirely fulfilling our customers' desires.
If you are unhappy with your purchase for any reason that is entirely the fault of OMGbabycards.com, contact us within 45 days of receiving your order and we will be happy to arrange a refund.
If your order was shipped by a lower-cost method than you requested, we will refund the difference in shipping and handling costs. If a printing or shipping error delays the receipt of your order beyond our latest projected receiving date, we will upgrade to method higher level of shipping at no cost to you, or refund your shipping costs.
If you decide to use a font color, style, typesetting or other customization that OMGbabycards.com explicitly recommends against during the proofing process, and you are unhappy with the final product, we will not be able to offer a refund.
Additionally, OMGbabycards.com cannot offer a refund if the quality of the image on our Site is not entirely indicative of the product you receive. All of the images present on our Site and the product specfications listed with each card attempt to be good-faith representations of the products they depict. However, due to the pixelated nature of digital images and other limitations with the production and transmission of digital imagery, the pictures present on our website are not exact reproductions of the cards themselves. The quality of the image on the actual card is typically far better than the image depicted on our Site. Additionally, the paper from which many of the cards are made contain a surface texture or paper finishing effect which are difficult to capture in still images. Whereever possible, these features are noted in the text description of each card. If you are concerned about these qualities of the paper, please contact OMGbabycards.com with any questions you might have prior to placing your order.
Due to differences in human perception of light from a self-illuminated source (i.e. 'additive coloration') and from reflected light from an external source (i.e., 'subtractive coloration'), it is simply not possible for the colors on the Site to precisely match the appearance of the colors on the printed cards. OMGbabycards.com is unable to offer refunds on the basis that colors in the card's design or printed ink colors do not precisely match those on the Site. If you wish to see a particular card, font sample, or ink color sample prior to placing your order, please contact OMGbabycards.com to request sample cards containing that design, font or ink color. If you strongly desire that the text which appears inside your card have a specific custom ink color, please contact us to arrange for a sample of that color to be physically mailed to OMGbabycards.com. The mixing of ink to your specifications will incur a fee and will require extra time to process your order.
As part of the fulfillment process, our printers normally produce more cards that were ordered and then select the best among them for shipment to the customer. However, OMGbabycards.com is unable to offer refunds for minor imperfections in production or printing of the cards. Being natural products, paper and soy-based inks are subject to containing minor specks or other imperfections. Decorative items which are affixed to cards, including ribbons, paper cutouts and reflective objects might contain small visible spots of glue. These are a normal aspect of the card manufacturing process and are not considered defects.
OMGbabycards.com cannot be held responsible for misspellings or other text problems that are present on the approved proof. Please double-check your proof prior to final approval to ensure that the text is to your complete satisfaction.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OMGBABYCARDS.COM AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OMGBABYCARDS.COM OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER OMGBABYCARDS.COM NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THE TERMS OF THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF OMGBABYCARDS.COM ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
OTHER TERMS AND CONDITIONS
These Terms are governed by and construed in accordance with the laws of the State of Rhode Island and the Providence Plantations. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the State of Rhode Island and the Providence Plantations, and waive any jurisdiction, venue or inconvenient forum objection to such courts. If any provision of these Terms shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of the Terms shall remain in full force and effect. No waiver by OMGbabycards.com to any default of yours shall be deemed a waiver of any preceding or subsequent default. No delay or omission of OMGbabycards.com to enforce any right or remedy shall be deemed a waiver of that right or remedy. These Terms constitute the entire agreement between you and us regarding the subject matter herein, and supersedes all other prior or contemporaneous oral or written agreements. These Terms may not be assigned, sublicensed or subcontracted by you without our prior written consent. These Terms may be modified from time to time by OMGbabycards.com, and your order of any products or services following such modification shall be deemed your acceptance of these Terms as so modified.
BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.
