Terms of Sale Agreement

1 - General Rules and Definitions

 

1.1  If you choose to purchase one or more subscriptions to and/or downloads fromDoozycards.com (the “web service”)  you will be agreeing to abide by all of the terms and conditions of this Terms of Sale Agreement (the "Agreement") between you and Doozycards Ltd. (Doozycards.com) Additionally, you will be agreeing to the Terms of Service and the Privacy Policy, copies of which are posted on the web service.

1.2  Doozycards.com hereby grants you a limited license to copy and use the materials, features, and services provided on the web service( collectively the “materials”)  solely for your personal, non-commercial use, subject to this Agreement. The design and layout of the web service are specifically excluded from the Materials. No other use of the web service or materials  is authorized.  You agree that any copy or portion of the Materials that you make shall retain all copyright and other proprietary notices contained herein or therein.  Framing of or posting of the web service or materials on other Web Sites is strictly prohibited. 

 

1.3  The products, technology, and/or processes described and/or used on the Web Servicemay be the subject of intellectual property rights reserved by Doozycards.com or other third parties.  Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Doozycards.com or any third party.

 

1.4  Doozycards.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Web Service, or send them to you via e-mail or postal mail.  Your continued use of the Web Service constitutes your acceptance of any such change to the terms of this Agreement.

1.5  If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you may cancel your subscription(s) by contacting customer service at [email protected] See Section 9 regarding Termination of Service.  Your continued use of the Web Service now, or following the posting of notice of any changes in the rules contained in the Agreement, will indicate acceptance by you of such rules, changes or modifications.

1.6  Doozycards.com may change, suspend or discontinue any aspect of the Web Service at any time, including the availability of the Web Service feature or content.  Doozycards.com may also impose limits on certain features and services or restrict your access to parts or all of the Web Service without notice or liability.

 

2 - Use of Service and Content

 

2.1  The contents of the Service are intended for your personal, noncommercial use.  All materials published on the Web Service (including, but not limited to photographs, graphics, images, illustrations, sound clips and flash animation, also known as the "Content") are protected by copyright, and owned or controlled by Doozycards.com or its affiliates, or the party credited as the provider of the Content.  You shall abide by all additional copyright restrictions contained in any Content accessed through the Service.

2.2  All of the Materials and Content available on the Service are protected by copyright pursuant to U.S. and international copyright laws.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except for as otherwise provided for in this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Materials or Content or the Service in whole or in part.

 

3 - Access and Availability of Service and Links

 

3.1  Doozycards.com features on the Web Service, in its newsletters, or in its e-mail communications to you, links to third-party web sites.  These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise.  THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITHDOOZYCARDS.COM, DOOZYCARDS LTD.  OR ITS AFFILIATES.  DOOZYCARDS.COM MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER.  DC WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY DC ADVERTISER.  USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES WITH WHICH TO DO BUSINESS ONLINE. 

3.2  There may be circumstances where access to the Web Service is provided by a link located at another Web site. Neither Doozycards.com nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Doozycards.com nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Doozycards.com nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Web Service.

 

4 - Representations and Warranties

 

4.1  You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old.  You hereby indemnify, defend and hold harmless Doozycards.com and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants.  You shall cooperate as fully as reasonably required in defense of any such claim.  Doozycards.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2  Neither Doozycards.com nor its affiliates represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Service by any users, information provider or any other person or entity.  You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.

 

5 - Registration and Security

 

5.1  In order to establish an account to use the Web Service, you will be required to select a password to be used in conjunction with your e-mail address.   You will be required to give us certain registration information, all of which must be accurate and up to date.  You may not (a) use an account of another person with the intent to impersonate that person; or (b) use an account to which another person has rights without such person's authorization.  Failure to comply with the foregoing shall constitute a breach of this Agreement which may result in immediate termination of your account.  You shall be responsible for maintaining the confidentiality of your password.

5.2  You shall notify Doozycards.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

5.3  You must be 18 years or older to subscribe to the Web Service. However, persons under the age of eighteen may use the Service.  You may share your password with others, subject to the provisions of Section 5.4 below.

5.4  You are responsible for all usage or activity on your account, including the use of the account by any third party authorized by you to use your password.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the sole discretion of Doozycards.com and Doozycards.com may refer you to appropriate law enforcement agencies.

 

6 - Fees and Payments

 

6.1  You shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Web Service or by any vendor or service provider.  At its sole discretion, Doozycards.com reserves the right at any time to offer membership(s) on the Web Service at a discount or to provide premiums and promotions as a membership incentive. All fees and charges shall be charged to the credit card provided as part of the registration process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Web Service through your account.

6.2         For your convenience and to ensure that your access to the Web Service remains uninterrupted, we will automatically renew your membership(s) at the expiration of the then-current term, unless we hear from you. If you elected to pay for the service(s) by providing the Web Service with your credit card, Doozycards.com will charge your card for the cost of another term at the then-current rate using the information you previously provided us by phone or on our web site.  You will not be notified in advance of your impending renewal. Doozycards.com reserves the right to increase the price of your membership(s) on the Web Service upon renewal without notice to you.  If you wish to cancel your renewal(s) for any reason, you may do so by contacting customer support at [email protected] within sixty (60) days of the date of billing and the renewal charge(s) will be refunded in full.

6.3         In order to allow our customers an opportunity to sample our products and services, We sometimes offer trial periods during which customers are able to register for a Premier Membership and enjoy all of the Premier Member benefits. If you sign up for a trial period and cancel during such trial period, the payment information you provided will not be billed. If you do not cancel during the trial period, we will automatically charge your credit card the Premier Membership fee. No refunds will be issued after the special offer trial period has ended.

6.4  If you elect to pay for the service(s) by providing Doozycards.com with your checking account number (either on the web site or by phone), Doozycards.com will debit the then-current subscription price directly from your account. Doozycards.com also charges a separate service fee to offset the cost of this method of billing.  We will automatically renew your membership(s) and debit your account annually at the then-current subscription price and service fee.  We will notify you of the impending renewal(s) via e-mail prior to debiting your account.  If you wish to cancel your renewal(s) for any reason, you may do so by contacting customer support at [email protected] prior to billing or within sixty (60) days thereafter and the subscription fee will be refunded.  The service fee is non-refundable.  In no event will Doozycards.com be liable for any NSF or other bank fees or credit cards fees or any other fees resulting directly or indirectly from any debits to your checking account.

6.5  ALL DOWNLOAD PURCHASES ARE NON-REFUNDABLE. YOU WILL BE CHARGED AT THE TIME OF PURCHASE.

 

6.6  Each customer is allowed one free trail.

6.7 From time to time Doozycards will make special offers and sales. Unless otherwise allowed, current paid members usually may not sign up for additional time with the sale discount. Sale payments charge immediately, without a free trial, and the membership is opened and begins immediately upon sale. All sale payments are final and no refunds will be issued for a membership purchased through a sale offer.

 

6.8 - Lifetime memberships are available as a special offer from time to time. All sales of a Lifetime membership are final and no refunds are given for this special offer. The membership is good for the lifetime of the purchaser (or recipient if given as a gift) and for that person only. Lifetime membership may not be transferred or used consistently by other family members or persons and may not be transferred or used by such persons after the death of the original member. The membership will cease and be null and void if Doozycards, LLC should become insolvent, cease to exist as a business or be sold. 

 

7 - Communications Between Doozycards.com and Users

 

7.1  If you indicate on the registration page that you want to receive such information,Doozycards.com, its owners, assigns and affiliates will allow certain third party vendors to provide you with information about products and services.

7.2  Doozycards.com reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the Service or notifying you of special "Members-Only" offers or promotions. 

7.3 Doozycards.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.  Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance.  For more information please read the privacy statement of the Web Service on the Doozycards.com website.

 

8 - Software Licenses

 

8.1  All information and software provided through the Service is and shall remain the sole and exclusive property of Doozycards.com or its affiliates.  You shall not publish, broadcast, retransmit, or otherwise reproduce the information or software in any medium, except that you may transmit personalized messages by electronic mail for personal, noncommercial purposes.

 

9 - Termination

 

9.1  If you are not fully satisfied with your premier membership(s) you may terminate your account during the first sixty (60) days of each of your membership terms by contacting customer support at [email protected], Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m. Pacific time or by sending written notification to Doozycards.com, 5225 West Second Street, Los Angeles, CA 90004. Upon termination, you will receive a full refund of any monies you paid toDoozycards.com for your membership fee(s) for the then current term.  Members who obtained their membership(s) through promotional offerings are not entitled to a refund.  Lifetime memberships are a promotional offering and are not refundable.  Life time memberships are also non-refunadable if the company dissolves for any reason.

 

10  Limitation of Liability

 

10.1  THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE WEB SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.   DC IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER.  THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. 

10.2  NEITHER DOOZYCARDS.COM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF DC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT DC AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF THIS AGREEMENT.

10.3  NEITHER DOOZYCARDS.COM NOR ANY OFITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS DC AND ITS AFFILIATES AND PARTIES WITH WHOM DC HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

 

11  Miscellaneous

 

11.1  This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising between you and Doozycards.com will be submitted to binding arbitration in Los Angeles, California in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes. 

11.2  Official correspondence must be sent via postal mail to Doozycards.com, Attention: Customer Service, 5225 West Second Street, Los Angeles, CA 90004

 

12  One Time Companion Airfare Offer

 

12.1        The recipient of this certificate is entitled to purchase one adult round-trip, economy coach-class airline ticket and receive a Companion ticket. 

12.2       Vouchers and Activated Travel Vouchers are transferable only prior to making an airline reservation.  Once you receive your activated voucher (with secure pin number), you can go to www.companionbooking.com to book your reservations.  Hours of operation: Monday – Friday, 9:00 a.m. – 5:00 p.m.  Central Standard Time.

12.3        This program is valid only between the listed cities.

12.4         Travel must be by both passengers traveling together on the same itinerary.

12.5        This companion travel award may not be combined with or applied to other certificates, promotions or special offers, including but not limited to; upgrades, government fares, tour/travel packages, group, convention/company meetings fares, bereavement, companion fares, senior citizen discounts, corporate agreements, student fares, child fares, travel industry discounts, internet fares, frequent flyer programs or any unpublished programs.  Code share flights do not apply.  All purchased tickets are non-refundable, non-endorsable and non-transferable. Taxes, airport fees and passenger facility charges and the September 11th security fee are additional and will be applied to both the original and the additional free ticket.

12.6        Reservations are generally accepted within six (6) months of travel but must be purchased at least 14 days in advance depending on the airline.  Open tickets, open returns, open jaws and circle trips are not permitted.  Stopovers are not allowed.  Roundtrip travel must be completed within 30 days.

12.7        Selection of the airline varies by market, and is at the sole discretion of the issuing agency based on availability because airline participation varies from market to market.

12.8        Complimentary fares apply to the base fare only.  The normal required taxes and fees including but not limited to Passenger Facility charges and September 11th security fees will apply to both the Companion Ticket and the First Ticket.  All tickets will be issued via Electronic Ticketing.

12.9        Airline fares and pricing changes constantly. Internet fares will not apply. In rare instances lower fares between eligible cities may be available.  Fare may not be available for all flights/routes/markets.  This program is valid on specific schedules and carriers and, at time of booking, is subject to individual carrier’s capacity controls and may be limited/unavailable for certain flights or dates.  Service to/from some cities may not be available.  Our travel consultant can determine the most economical fare for a recipient’s itinerary.

12.10      This certificate is non-refundable and not redeemable for cash and is void if raffled, sold for cash or other consideration, copied, altered or prohibited by law.

Travel awards are non-transferable and void if altered.  Travel awards are non-refundable and will not be replaced if expired, lost, stolen or destroyed.  Once you have paid in full, due to the special cooperative participation of our host airlines, this entire program is 100% non-refundable, non-endorsable, and non-transferable for any reason, medical or otherwise.  Name changes are not permitted.

12.11      Blackout dates for all destinations may apply during seasonal and Holiday periods.  Additional blackout dates may apply and blackout dates are subject to change without notice.

12.12      Schedules, terms, points of service and fares are subject to change without   notice. 

12.13       These terms and conditions cannot be modified or waived unless authorized in writing by a corporate officer of the issuing agency.  Issuing agency is the final authority on the interpretation of the terms and conditions.  This program is void where prohibited by law.  This travel award may be distributed free of charge, only by authorized businesses as a promotional device.  It may not be sold or resold.  Any such sale will invalidate any redemption rights hereunder This certificate cannot be exchanged for cash or other consideration.  No refunds shall be provided for any unused portion of this offer.  This certificate has no cash value.  All federal, state, and local laws apply.  Promotions In Travel assumes no responsibility for any verbal or written representation made in conjunction with this offer by any distributor and/or their agents, other than those included in this offer.

12.14       Its agents, assignees and designees, act only as agents for the airlines and will not assume any liability or responsibility for damage, expense, inconvenience, loss, injury, accident death or damage to any persons or property whatsoever on any aircraft or in transit to and from said aircraft, or for any cause whatsoever due to delays, cancellations, nature, mechanical breakdown, strikes, war, acts of God, arising from or in conjunction with services provided.

12.15       In the event of major travel industry events, which dramatically impact pricing structures, we reserve the right to modify or terminate this program without notice.

12.16       By submitting a signed Registration Form to Promotions In Travel, the traveler consents to be bound by all the terms and conditions, as stated in this brochure.  The recipient signifies further agreement to the above terms and conditions by submission of final payment to Promotions In Travel.