Terms & Conditions

March 2008 BEFORE YOU USE CARDFISH.COM, YOU MUST READ THESE TERMS AND CONDITIONS ("the Terms") CAREFULLY. By using our service, you agree to these terms and conditions; if you do not agree, please do not use the service. Cardfish.com and related services including WAP versions (together referred to as the"Site") provides an online (World Wide Web), SMS (Short Message service) service and telephone calling service for customized video broadcasts to be created from templates (the "Materials") to be sent or downloaded via email or SMS to compatible mobile phones and other compatible devices (the"Service"). The Service is provided by Cardfish (the"Company"). By browsing or using the Site you acknowledge that you have read, understood and agreed to be bound by the Terms. About Us The Service is provided by Cellcast ltd company number 04327957 whose principal place of business is at 40 GERRARD ST, LONDON. W1D 5QE Access to the service In order to use the Service you (1) must be at least 16 years of age (2) have the consent of the bill payer to use the service on their behalf (3) agree on behalf of the bill payer and yourself to be bound by these terms. Copyright The Site and its content (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and trademark. You acknowledge that all Materials are protected by copyright and owned or controlled by the Company or the parties credited in the description of the Materials. All Materials are for personal, non-commercial use. You may not modify, reformat, publish, create new or derivative works from, distribute, licence, rent, lease, sell, or in any way exploit any of the Materials in whole or in part or any information learned by you whilst using the Service or accessing the Site except using the facilities offered by the Site. 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 contained therein. All rights not granted or licensed pursuant to the terms of this agreement are hereby expressly reserved by the Company. All Materials on this site are sold without any knowledge of any copyright infringement and the Company does not warrant that the Materials do not infringe the intellectual property rights of any third party. If you believe any copyrighted material belongs to you or an authorised person other than the Company or that identified in the description of the Materials, and wish items removed, please contact us immediately, and appropriate action will be taken. The Site You may not remove, change or obscure, in any way, anything on the Site and/or the Service or otherwise use any of the Materials obtained whilst using the Site and/or the Service except as set out in these Terms. You hereby agree not to compile, reverse compile, disassemble, reverse assemble or reverse engineer or decompile (whether in whole or in part) any software used in the Service, copy, upload, post, transmit or use any of the Materials from the Site and/or Service for any commercial purpose. Responsible Use You are fully responsible for any Materials that you send from the Site (whether logged in to any account or not) and for all activities that occur under your password, account or direction. You warrant that you will only use the Site and the Service in accordance with the Terms and in an appropriate, respectful and lawful manner. You acknowledge that some of the Materials on the Site may not suitable for children or the elderly and undertake only to send them responsibly and in all cases without malice or intent to cause harm, distress or offence to the receiver. You warrant that in NO cases will you seek to bully or intimidate any individual and that you shall NOT (and shall not authorise or permit any other party to): receive, access or transmit any content or message which is obscene, pornographic, threatening, racist, menacing, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful. The Company will not hesitate to take stern action against any customer contravening these responsibilities, and reserves the right to bar any customer or customer MSISDN permanently. You agree to notify the Company immediately in case you become aware of or suspect unauthorised use of your password or account, or any other breach of security, and to ensure that you log out of your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes, without the written consent of the Company. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of times any Ecard or any other Service can be sent, viewed or downloaded by you or a recipient. You agree that you will not use any robot, spider, other automatic device, software programme or manual process to monitor or copy this Site or the content contained thereon or for any other unauthorized purpose without the Company's prior written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. Offensive Content Unless otherwise stated in the description of the Materials on the Site, Ecards are suitable for people of all ages to watch. Cardfish does however contain significant content that parents may not find suitable for under-16s, and for this reason, you must be at least 16 to use the Service. We do our best to ensure nobody is offended while watching Ecards. Comedy is, however, a subjective medium, and whilst using the service you may encounter content that you find objectionable or offensive, which may or may not be identified as being of an offensive or explicit nature. You agree to use the services at your own risk and we will have no liability to you for such content. However, if you find any content excessively objectionable or offensive, please contact us. In addition any content designated 18+ in the description of the Materials should not be knowingly sent to anyone under18. You acknowledge that the Company is unable to exercise complete control over the security or subject matter of content passing via the Service and the Company hereby excludes all liability of any kind for the transmission or reception of infringing content of whatever nature. Information and Privacy Any personal data which you provide to us through the Site is subject to our Privacy Policy. You acknowledge the Company collects and processes "personal information" (i.e. information that could be used to contact you, such as full name, mobile number or e-mail address), and "usage information" (i.e. information that you submit, or that we collect, that is neither personal nor financial but necessary for the proper functioning and billing of our service, such as date and time of your usage of the Service, subject to the rest of this paragraph, in order to operate this site. We treat your privacy very seriously and will never disclose your personal information to third parties except (1) to your mobile service or other billing provider if we need to secure collection of fees (2) to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings, the prevention of crimes or if required to do so by law (3) if you opt-in when you register for a free account to selected partners to offer you exclusive personalised content or promotions. Where you input details of other people such as email addresses and telephone numbers you should be aware that we will be holding and processing these details on your behalf and we are assuming that you are entitled to give us this information and that those people will not object to us holding it for the purposes of the Service. These details are held securely and we will only use this information to provide the Service to you in accordance with your instructions and NEVER for any other purpose. Phone Compatibility If you or the recipient has been unable to collect an Ecard for any reason, please contact us or see the FAQ for handset compatibility and WAP/GPRS settings. Please ensure your handset is compatible and TURNED ON before ordering. However, you acknowledge that it is your responsibility to ensure that the recipient can view/use the videos you send and that their phone can receive phone calls. Neither the Company, nor its employees shall be held liable for non delivery of messages. However, if you or the recipient has been unable to collect an Ecard for any reason, please email us at contact us and we will endeavour to resend your Ecard to the recipient. The company shall not be responsible for any charges incurred in sending, receiving or downloading any part of the Service. Delivery Each Ecard is individually produced. Under normal circumstances your Ecard will be dispatched to the recipient within minutes. However, at peak times when network traffic at the site is very high, delivery may take longer: please allow up to 24 hours for delivery, dependent on your service provider. You are responsible for all content successfully delivered to your PC. We cannot be held responsible for any accidental damage after this point. Email delivery by third party service providers is beyond our control and we cannot take responsibility for non delivery of email we have despatched. The same applies to SMS messages. These are delivered by mobile service providers and we cannot take responsibility for non delivery of SMS messages we have despatched to the service providers SMS Gateway. If a message has not been received within 24 hours of ordering, please contact us at the earliest opportunity to notify us of the problem, but at any rate within 7 days. If you do not notify us within 7 days we will assume the message has been delivered. If our records show the item as having been sent, we will, at our discretion, attempt to resend the message free of charge up to a maximum of two more times to the email address or mobile number as originally specified. If the purchaser's error caused the non-delivery (e.g. incorrect entry of phone or email details) payment may not be refunded, but we will, at our discretion, resend the Materials, free of charge. Price The price of any item purchased as part of the Service will be that quoted on the Site at the time of purchase. The Company reserves the right to change prices at any time. All prices are inclusive of any applicable VAT in the UK. Any details given in relation to exchange rates are approximate and may vary from time to time. Refunds All refunds shall be solely at the discretion of the Company. Disclaimers You understand that your use of the Service and the download of content is at your own sole risk and that you must comply with the instructions given by company. Except in jurisdictions where such provisions are restricted, you agree that the Company's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under the Terms and/or for any breach of the Terms is solely limited to the cost of sending a Ecard. Except in jurisdictions where such provisions are restricted, the Company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for loss of business, loss of profits, loss of goodwill, loss of business opportunity, loss of anticipated saving, business interruption, loss or corruption of data or information or any other pecuniary loss or any indirect, incidental, special or consequential damages even if the Company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, the Company's liability is limited to the extent permitted by law in such Country. The Company does not warrant that functions contained in this Site's content or the provision of the Service will be uninterrupted or error free, that defects will be corrected, or that this Site, the Service or the server that makes the Site and Service available are free of viruses or bugs. Liability So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages. Every effort has been made to ensure the accuracy of the information provided on the Site's pages, however neither the Company nor any of its employees make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the service or any part thereof contained on the Site or in the Services. Nothing in these Terms shall be interpreted as excluding or restricting any legal liability of the Company for fraud or fraudulent misrepresentation or for death or personal injury resulting from the negligence of the Company, its employees, agents or sub-contractors. Indemnity You agree to indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising from any breach of your obligations hereunder. Fraud prevention The Company will not tolerate fraud. Any attempts to obtain content through fraudulent means will not be tolerated. All cases of fraud will be passed onto the relevant authorities. General These terms constitute the entire agreement between you and us and shall be governed by the laws of England and the English courts shall have non-exclusive jurisdiction over any dispute. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Variation The Company reserves the right to vary or modify this agreement at any time by updating this page. By using the Site you agree to be bound by any such variations. Contact If you do have any technical queries please visit our help pages or email us at support@cardfish.com. You may also write to us at: CELLCAST UK LIMITED 40 GERRARD ST LONDON W1D 5QE