Terms and Conditions
Introduction
This website is owned and maintained by Blubosh – the parent company of tonequote.com. The use of this website is subject to the following terms and conditions that you should read carefully. These terms and conditions represent a legal Agreement (referred to as the “Agreement”) between you and Blubosh. By browsing or using this Site you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions please do not use this Site.
Definitions
Site = website: tonequote.com
eCards = all forms of electronic greetings cards available on the site
Materials = all graphics, photographs, images, animations, sound clips, music tracks, soundscapes and text both on the Site and included in all the eCards.
You/ you/ Your/ your = any person visiting, browsing and using the Site.
Intellectual Property
All Materials are protected by copyright and other forms of intellectual property, and are owned or controlled by Blubosh, its affiliates, or the parties credited in the copyright and trademark notices within the Materials. 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. 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. All information provided through the Site is and shall remain the sole and exclusive property of Blubosh, its affiliates or the parties credited in the copyright and trade mark notices within the Materials.
Use of the Site
The Site is only for domestic and private, non-commercial, use. By using this Site you agree not to use this Site for any commercial or business purposes.
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.
Through the use of the Site, you agree not to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. You further agree that you will not send eCards or Digital Products to anyone with the intent of harassing such person. In the event a claim is made by virtue of your breach of this Agreement, you agree to cooperate as fully as reasonably required in defence of any such claim. Blubosh reserves the right, at its own expense, to assume the exclusive defence and control of any such matter.
You may not use this Site to send eCards 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. Blubosh reserves the right to limit, in its 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.
All Materials are subject to change without notice. Blubosh may from time to time in its sole discretion vary the content of the eCards. Blubosh may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.
Blubosh does not represent, agree with or endorse any opinion, statement, information or sentiment expressed, displayed, contributed or distributed through the Site by any person or entity. Any reliance upon such opinions, statements, information or sentiments is made at the user’s own risk.
Limitation of Liability
Blubosh is not responsible for any failure of eCards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.
To the extent permitted by law, Blubosh excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. If Blubosh fails to comply with this Agreement, it is responsible for loss or damage you suffer that is a foreseeable result of Blubosh’s breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of breach by Blubosh or if it was contemplated by you and Blubosh at the date of this Agreement.
Any such loss or damage shall be limited to the amount of money Blubosh has received from you in connection with this Site. Please note that Blubosh only provides this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes. Blubosh has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Blubosh will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any content on it, or on any website linked to it.
Blubosh does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
Payment
The purchase prices for eCards and any other digital products will be clearly stated at the time of purchase. Purchases are made by debit card or credit card through PayPal. The Site does not accept cheques or money orders. Blubosh will not be liable for any additional fees resulting directly or indirectly from charges to Your PayPal account.
Changes to this Agreement
Blubosh may modify the terms and conditions contained within 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. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to you, you should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.
Contact Details
If you have a technical problem or any problem with your payments, please use our Contact Us page to contact us.
If you need to write to us on any other matter please use the address below.
Blubosh
London
UNITED KINGDOM
