Restrictions on use of materials
This site is owned by DaySpring Cards, Inc. (herein referred to as "DaySpring", "we," "us," or "our"). You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively called "Content"), which is generally provided by DaySpring or its subsidiaries or by licensors of DaySpring. No material from dayspring.com or any other Web site owned, operated, licensed or controlled by DaySpring may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Modification or use of the materials for any commercial purpose is a violation of copyright and other proprietary rights owned by parties including DaySpring and its affiliates.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAYSPRING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAYSPRING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAYSPRING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DAYSPRING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Purchase of products or services
You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. DaySpring does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, photo cards) or promotional offerings are non-refundable.
You acknowledge that DaySpring.com is not obligated to prescreen content submitted by users, but that DaySpring.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via DaySpring.com or to refuse to accept content for use in any products or services offered on or through DaySpring.com by any user that violates these terms of service or is otherwise objectionable in DaySpring.com's sole judgment. DaySpring.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. if, upon such request, DaySpring.com does not receive information it deems sufficient to evidence such rights, DaySpring.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You also acknowledge and agree that DaySpring.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of DaySpring.com, its users and the public.
You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. DaySpring.com 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 DaySpring.com or the number of recipients to which you send such cards or messages.
if, in DaySpring.com's sole determination, you violate DaySpring.com's Member Conduct policy, DaySpring.com, may block you, and those using any email account associated with you from sending e-cards or using any or all of the services available on DaySpring.com. if you are a member of a subscription service, DaySpring.com terminate or disable your account or subscription without compensation or refund. DAYSPRING.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY DAYSPRING.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Third party property
You agree that you may upload to the software files and bulletin boards, or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. Unless specified otherwise in your upload, by submitting Content to any "Public Area" (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. In other words, if you don't own the content, or if you don't have permission from the person who does, don't upload it to this or any other site of ours.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall DaySpring 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 DaySpring or a DaySpring authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall DaySpring's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.
DaySpring welcomes comments regarding its products and services. However, our policy is not to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid misunderstandings when projects developed by our extremely prolific staff are similar to someone else's creative work. Accordingly, we must ask that you NOT send us any such ideas. We do value your feedback about our services and products, but we request that you be specific in your comments about those services and products, and we further request that you NOT submit any creative ideas, suggestions or materials. If, in spite of our requests NOT to, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of DaySpring. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States .
This agreement shall be governed by and construed in accordance with the laws of the State of Arkansas , without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all DaySpring site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from DaySpring if in DaySpring's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other DaySpring site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.