Terms and Conditions
Petunia ArtWorks, LLC
dba: Vintage Workshop Cards
Welcome to VintageWorkshopCards.com! The following is the 'have-to-have' legal agreement
between you and The Vintage Workshop Cards. By browsing this site or subscribing
to this service, you acknowledge that you have read, understood and agreed to this
agreement. We may update these terms from time to time without notice to you.
Privacy
Please review our Privacy Statement, which also governs your visit to this website
to understand our practices.
Copyright
All content included on this site, such as e-cards, e-gifts, text, graphics, logos,
icons, photos, products, audio clips, digital downloads, and software, is the property
of The Vintage Workshop Cards and its suppliers and is protected by United States
and International copyright laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative works from,
distribute, perform, display, incorporate into another web site, or in any other
way exploit any of the content, in whole or in part without the specific permission
of The Vintage Workshop Cards.
Conditions of Use of Website
Definitions
Site means the website
www.vintageworkshopcards.com
E-cards means the electronic greetings available on our
site.
E-gift means the electronic virtual vintage gifts on our
site
Content means all illustrations, graphics, images, photographs,
animations, audio clips, and text on our site.
Subscriber means any person who has purchased a subscription
to use the e-card service and all the features of that service
You means any person visiting or browsing the site, including
Subscribers.
VWC means The Vintage Workshop Cards (Petunia ArtWorksLLC,
a company registered in Oregon).
Agreement means this document.
You are granted a limited license to access and make personal use of this site and
not to download (other than page caching) or modify it, or any portion of it, except
with express written consent of VWC. This license does not include any resale or
commercial use of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of VWC.
All content is subject to change without notice. VWC may vary the content and other
features of the site available to Subscribers and non-Subscribers at its discretion.
VWC may determine that certain e-cards are exclusively for use by Subscribers and
that others are available to non-subscribers.
You agree that you will not through the use of this site violate, plagiarize, or
infringe on the rights of any third party, including copyright, trademark, privacy
or other personal or proprietary rights or submit or publish libelous or otherwise
unlawful content. You further agree that you will not use this site for purposes
of harassment or for any reasons prohibited by applicable law.
You hereby, indemnify, defend, and hold harmless VWC and all officers, directors,
owners, agents, content providers, licensors, and licensees 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.
VWC may modify this Agreement at any time by updating this page. By using our site,
you agree to be bound by revisions. You should periodically visit our site to determine
the terms to which you are bound.
VWC assumes no responsibility for the deletion or failure to store VWC messages.
VWC offers the e-card service to all Subscribers and non-subscribers. VWC reserves
the right to terminate the service with or without cause at any time and effective
immediately.
When you visit our site, use our service or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
THIS SITE AND ALL PRODUCTS AND SERVICES ON IT ARE PROVIDED BY VWC ON AN "AS IS"
AND "AS AVAILABLE" BASIS. VWC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VWC AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VWC DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VWC ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. VWC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
By visiting this site, you agree that the laws of the state of Oregon, without regard
to principles of conflict of laws, will govern these Terms of Use and any dispute
of any sort that might arise between you and VWC or its affiliates.
Any dispute relating in any way to your visit to this site or to products you purchase
through this site shall be submitted to confidential arbitration in Portland, Oregon,
except that, to the extent you have in any manner violated or threatened to violate
VWC’s intellectual property rights, VWC may seek injunctive or other appropriate
relief in any state or federal court in the state of Oregon, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
Additional Terms for Subscribers
For those who become a Subscriber, the following additional terms apply.
These terms shall not override or replace any of the Conditions of Use.
VCW grants you use of e-cards and other features of our site that are made available
to Subscribers only.
In order to use our site, you will be required to select a password that is used
in conjunction with your e-mail address to access the site. You must not disclose
this password to others or permit others to use your password to access our site.
You must provide a valid e-mail address as part of your subscription.
If you change your e-mail address, you must notify VWC via the site's Your Account
function.
Your purchase of a subscription does not commit VWC to the future maintenance or
availability of our site or to the release of further e-cards.
You may cancel your subscription at any time. Unless terminated beforehand, your
subscription will end on a date determined by VWC according to the amount of the
fee paid by you from the annual or weekly price list.
Should your subscription be cancelled or terminated, or our site is closed for any
reason, refunds will be given solely at the discretion of VWC. Normally, refunds
will only be given in the event of a technical problem which prevents you from using
our site.
VWC may modify the list of e-cards and other features of the site which are available
exclusively to Subscribers. VWC may also change, suspend or close the site or any
part or feature of the site, or restrict access to parts of the site without notice
or liability.
If any of these terms contained in this Agreement or any future changes to the Agreement
are not acceptable to you, you should cancel your subscription. Your continued use
of our site now or following any postings of changes to this Agreement will indicate
acceptance of the changes.
If you have any questions or wish to make comments, please contact us at:
Petunia ArtWork LLC
dba: The Vintage Workshop Cards
3747 NE Sandy Blvd
Portland OR 97232
CustomerSupport@vintageworkshopcards.com