Terms of Service

 

1. By using TouchedByCards.com (TBC), the user is agreeing to comply with TBC.  Should the user at any time become dissatisfied with any aspect of TBC, their recourse is to discontinue use of TBC. 

 

2. TBC reserves the right to modify, change and/or update the Terms of Use at any time and without notice.  It is the user’s responsibility to review these Terms of Use on a regular basis, as formal notices will not be issued. 

 

3. The user will not hold TBC liable for content deemed offensive or inappropriate in the site, the cards, or added in the custom fields of the cards by users. 

 

4. TBC may include links to third-party websites or content.   TBC is not responsible for any content contained in these third-party websites.  The user’s linking to these third-party websites is at the user’s own risk. 

 

5. If the user believes that their copyrighted work has been copied in such a way as to constitute copyright infringement, or their intellectual property rights have been violated, as it pertains to TBC, or if the user deems content found on TBC to be offensive or inappropriate, please notify TBC at abuse@touchedbycards.com. 

 

6. All personal information collected by TBC (including username, name, birthday, password, email address, mailing address, phone number, buying habits, etc.) may be used by TBC internally for account maintenance, internal marketing strategy, etc.    All personal information may be disclosed to law enforcement agencies if required to do so by law in the event of an investigation.

 

7. Any dishonest, unlawful, threatening, abusive, hateful, harassing, defamatory, or harmful conduct on the part of the user is grounds for termination of their TBC account by TBC. This includes, but is not limited to, the following:

1. Profanity, or harassment
2. Hate or racist propaganda
3. Illegal activity under any law
4. Nudity or pornographic material or material deemed so by TouchedByCards.com
5. Material that violates or infringes on third party rights
6. Copyrighted material not owned by the individual uploading or using the material
7. Any material which TouchedByCards.com deems inappropriate, at its sole discretion
Violation of these terms may result in the material being deleted, canceled and/or destroyed at TouchedByCards.com's discretion. No refunds nor remuneration will be given. Repeated violations may result in cancellation of the user's Touchedbycards.com or other account.

8. The user may close their TBC account by sending a written email of intent to customerservice@touchedbycards.com or written letter of intent to:

 

TouchedByCards.com

2525 South 900 West

South Salt Lake, UT 84119

 

9. If a user’s TBC account is closed either by the user or TBC, all of the user’s remaining balance will be refunded to the user in the form of a check within 30 days.

 

10. TBC is not responsible for cards or other items lost, delayed, or damaged by the postal service or other mail or delivery company in the U.S. or any other country.

 

11. All sales are final.

 

12. The user notes that any card or item purchased from TBC will not appear 100% the same as displayed on the TBC website, but TBC will make every effort to match the appearance between the physical item and the item’s appearance on the TBC website as closely as possible.

 

13. Any unsolicited or spam email advertisements to TBC email addresses is prohibited.  Such violations may subject the sender of such emails to civil and criminal penalties.

 

14. The user acknowledges that TBC may establish limits concerning use of TBC services, including image uploads, customized graphics, customized text, etc.  The user will not hold TBC liable for the deletion of or failure to store any content maintained or transmitted by TBC.  The user will not hold TBC liable for any modification, suspension or discontinuance of their services.

 

15. TBC prices and fees may change without notice.

 

16. TBC grants the user limited access to their services.  The user may not: access the services by posting agents; copy, duplicate, display, or make derivative use of TBC services, which also includes content found on the TBC website; make use of any data mining, robots, spiders, or similar data-gathering and extraction tools for any purpose.  The user may make use of internet search engines and public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to TBC and their services.

 

17. The user is permitted to display links to TBC from their own website.

 

18. Any violation of the above Terms of Use are grounds for immediate termination of the user’s TBC account and may result in legal action taken by TBC.

 

19. Under no circumstance is TBC liable for direct, indirect, special, consequential, or exemplary damages (even if TBC has been advised of the possibility of such damages), resulting from any aspect of the user’s use of the TBC website or services, from inability to use the TBC website or services, or the interruption, suspension, modification, alteration, or termination of the TBC website or services.

 

TBC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TBC SHALL NOT BE RESPONSIBLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, ARISING FROM OR RELATING TO LOSS OF USERS'S DATA OR ANY OTHER COMPUTER SYSTEM FAILURE OR PROBLEM.

 

20. The user agrees to indemnify and hold TBC, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney or legal fees and court costs, made by any third party due to or arising out of the user’s use of TBC or their services, the user’s violation of these Terms of Use, the user’s breach of any of the representations and warranties herein, or the user’s violation of any rights of another.

 

21. The Terms of Use constitute the entire agreement between the user and TBC and govern the user’s use of the TBC website and services, superceding any prior agreements between the user and TBC.  The Terms of Use and the relationship between the user and TBC shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.  The user and TBC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake, Utah.  The failure of TBC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver or such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in effect and full force.  The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TBC website or services must be filed within one (1) year after such claim or cause of action arose or be forever barred.