Terms of Use

Definitions of Terms
Please read the terms of service agreement (this entire document) before using the Site. It contains provisions and warranty disclaimers which limit our liability to you. You acknowledge you are bound to, and accept this agreement by your use of, and access, to the Site.

"You" means any person browsing our Site including members

"Materials" means all animation, sound clips, graphics, text, photos, and images on the Site, including the e-cards.

"Agreement" Document of use for this site between you and SeaECards.com

"Site" The website of SeaECards.com

"The Company" means The Drawing Deck, Inc., a company incorporated in Delaware and doing business on the internet as SeaECards.com

"Member" Any person who had purchased a membership to use SeaECards.com

"e-cards" means electronic greeting cards on the site

Copyright

• All artwork, (including sounds, music and materials) are protected by copyright restriction by SeaECards.com, its parent company, The Drawing Deck, Inc, and Brian G. Kammerer.
• All Materials are protected by copyright, and owned or controlled by the Company or the parties credited in the copyright notices within the Materials. You shall abide by all additional copyright restrictions contained in any Materials accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement. 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 information and software provided through the Site is and shall remain the sole and exclusive property of the Company.
• Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement.
• All Materials are subject to change without notice. We reserve the right to change content including all the materials and illustrations as we feel necessary without notice to our membership. SeaECards.com may add new cards, delete exisiting cards and make changes to our current selection of e-cards without consent or notification or liability to any party or parties. We may also suspend or close this site without notification or liability to any party or parties.

Use of Site
You agree that you will not through the use of the Site violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless the Company and all officers, directors, and owners from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by them in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim.

• You may not use this Site to send e-cards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages. The Materials are provided "as is" without warranty of any kind, either expressed or implied. The Company is not responsible for any failure of e-cards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.
• Neither the Company nor any of its officers, directors, or employees 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 the Company 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 the Company and its affiliates' aggregate liability shall not exceed the amount paid pursuant to the terms of this Agreement.
• The Company may modify this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such revisions and you should periodically visit the Site to determine the terms to which you are bound.
• 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 Connecticut.

Warranty Disclaimer and Limitations of Liability
All materials and services of SeaECards.com are provided to you "as is" with no warranty either expressed or implied. Should an e-card fail to arrive on a specific date or to a specific party, SeaECards.com is in no way responsible. The Company shall not be responsible or liable for any direct, indirect, special, consequential, punitive, exemplary, or incidental damages of any kind whatsoever, including but not limited to lost profits or attorney fees arising from your use or inability to use the Site.

Indemnity
You agree to indemnify, defend and hold harmless SeaECards.com from and against any and all costs, damages, claims, or liability (including but not limited to attorneys fees) arising in connection with a violation of this agreement by you or someone using your account.

Please act responsibly when using the Site. A condition of use is to comply with all applicable laws, rules, and regulations.

This service prohibits:

• Sending intimidating, abusive, harassing, obscene, defamatory, or otherwise objectionable and unlawful material.
• Transmitting viruses, worms or other harmful codes and actions, which disrupt the function of the Site.
• Impersonation or misrepresentation of any person or entity. A violation of the above conditions of use may result in the termination of your membership