Member
Agreement/Terms and Conditions
You
must agree to the following terms and conditions of use before you access or
otherwise use or participate in the Hallmark Online Community. Your use of this
web site constitutes your agreement with Hallmark Cards, Incorporated to be
bound by, and to act in accordance with, these Terms and Conditions.
Notification
of Changes
We
may change or revise these Terms and Conditions from time to time by updating
this posting. Please visit the Terms and Conditions area each time you visit
the web site to keep up to date with the current terms regarding your use of
the web site. Your use of the web site reaffirms your continuing agreement to
the then-current Terms and Conditions. Any future changes to these terms and
conditions will be posted on the community web site.
Confidentiality
Your invitation to
participate in the Hallmark Online
Community is personal and non-transferable. You may not use or disclose
to others any of the information that we disclose to you or any ideas or
information that are generated in the community. Your community member name and
password are for your use only. You may not disclose your password to any other
person.
Assignment
You irrevocably
assign to Hallmark all rights in any ideas or expressions of ideas that you
provide to the community. All comments, suggestions, graphics, ideas (including
product and advertising ideas), and other information or materials you submit
to Hallmark through this web site will become and remain the exclusive property
of Hallmark, including any future rights associated with such submissions, even
if these Terms and Conditions are later modified or terminated. This means that
you disclaim any proprietary rights in such submissions, and you acknowledge
Hallmark’s unrestricted right to use them (or materials or ideas similar to
them) in any medium, now and in the future, without notice, compensation or
other obligation to you or any other person. It also means that with the
exception of your personal information, Hallmark has no obligation to keep your
submissions confidential.
You
further release and waive all claims against Hallmark with respect to any intellectual property or other proprietary rights,
rights of privacy and publicity, rights of attribution, or any other
liability under the governing law of the United States, on account of
Hallmark’s use, including commercial use, or disclosure, of any such
information or materials you submit to Hallmark.
Privacy
To
the extent that you also provide us with any of your personally identifiable
information, Hallmark will only use such information in accordance with the
privacy policy of Hallmark, a copy of which is available at www.hallmark.com.
Please note that by clicking on the "I Accept" button below, any of
your personally identifiable information you submit may be directed to a third
party site administered and hosted by a third party vendor retained by Hallmark
provided, that in such event, the third party vendor will have no right to use
any such information other than uses necessary to fulfill its services to
Hallmark.
Social Networks
To help facilitate
login to our Community, we offer an optional and voluntary sign-on service that
allows you to sign-in using login credentials from your Facebook® account. This
allows you to associate your existing Facebook® profile with your Community
account. By linking these accounts, Hallmark will have access to certain
profile information contained within your Facebook® profile such as your full
name, e-mail, locale, gender, profile picture, as well as other publicly
available profile information. No Community content will ever be shared on
Facebook® without your express permission. You can disassociate your Facebook®
account from your Community account at any time by clicking "Unlink"
on your Member Profile page. This service is optional and voluntary and by
using this sign-on service and linking your accounts, you consent to the
transfer of information from your Facebook® account to Hallmark.
Hallmark
Contests and Sweepstakes
You agree not
to enter or otherwise participate in, during the time that you are a member of
the Community, any Hallmark-sponsored skill contests (such as those that
solicit consumer-created content for use on products), sweepstakes, or similar
promotions outside of the Community. This includes but is not limited to
contests and sweepstakes which may appear on websites such as Hallmark.com,
Hallmarkcontest.com, and any Hallmark-affiliated Facebook pages. In the event
that, notwithstanding this clause, you do enter such a contest or sweepstakes
then you agree to forfeit the opportunity to win any prize and to return to
Hallmark any prize already awarded.
Code
of Conduct
You agree not to upload, post or transmit to or
distribute or otherwise publish through the Web Site any materials which (i)
restrict or inhibit any other user from using the Web Site, or contain a virus
or other harmful component, (ii) violate any United States laws or violate or
infringe any rights of third parties (including copyright, trademark, rights of
privacy or publicity or any other proprietary right), or (iii) are not
appropriate or pertinent to the purpose of the Web Site or are libelous,
defamatory or offensive. You will agree to abide by the copyrights, trademarks
and other intellectual property and proprietary rights of Hallmark.
You
agree to abide by these rules of conduct:
·
Only those who are
members of the community may access it.
·
Unless specifically told
otherwise, you must keep confidential all information that Hallmark, other community members, and you
share with the community.
·
Hallmark has the right to use the ideas and information that you put
forth in the community.
·
You agree not to copy or
download any copyrighted material.
·
You agree not to use
behavior that does not support a safe and comfortable environment for all
members (do not be rude, arrogant, or insulting, nor use profanity under any
circumstances). Under any circumstances, do not attack any other community
member or group of members (e.g. stay-at-home moms). State your opinion freely
about subjects (“I don’t like reality TV shows”), but do not attack people
(“People who watch reality TV are stupid”). This includes responding in an
attacking way to a comment you find offensive. Postings that violate this
principle will be removed by the facilitators, and the member will be contacted
privately. Repeated violations may lead to the revocation of membership
privileges.
·
Everyone here is entitled to
their own opinion, no matter how off the wall it might seem. You are encouraged
to state your own opinions, but do not criticize or attack the opinions of
others who may see a subject differently from you. The world would be a very
boring place if everyone thought the same way.
·
The
Idea Exchange site allows (although we do not encourage) members to make a
Discussion posting “Anonymous,” so that other members do not know the name of
the member making the post. This feature is intended to serve three purposes:
a) Allowing members to freely express their views about Hallmark products,
services and research questions, even if they think other members might dislike
those views.
b) Facilitating occasional fun activities that require temporary anonymity,
such as the “Secret Santa” activity each Christmas season.
c) Helping new community members begin to participate in Discussions if they
initially feel shy about having their name attached to an on-line posting.
The “Anonymous” feature is never to be used, however, to mask the identity of a
member making a critical comment about another community member, group of
members, or member’s opinion. Postings that violate this principle will be
removed by the facilitators, and the member will be contacted privately.
Repeated violations may lead to the revocation of membership privileges.
·
If at any point you see
a posting in the community which you believe violates the Code of Conduct,
please do not respond to that post on the site in a critical or attacking
manner. Instead, please e-mail the facilitators immediately, making them aware
of the post and the name of the bulletin board in which it occurs.
·
Limit
yourself when writing in all capital letters; it's hard to read, and is
generally considered rude in cyberspace (like screaming).
·
Everyone
makes mistakes, so you are entitled to misspell words or use bad grammar in
whatever language you are expressing yourself in without being attacked by the
“spelling police” (either from Hallmark or other community members).
·
Do not post any of the
following: material that advocates illegal activity, advertising or any form of
commercial solicitation, unauthorized copyrighted material, spam (multiple
copies in one area or the same communication in multiple areas).
·
A condition of
membership in this community is that you do not work for a greeting card
company, wholesaler or retailer of greeting cards, an advertising or PR firm, a
marketing research firm, or be in the field of marketing research. Please
notify us immediately if you become employed in any of these areas.
·
You agree to receive
emails from the Community regarding Community Activities.
·
You, or any members of
your household, are not currently involved in any other online community hosted
by C Space.
·
You understand that no
personal information that you post on this site will be sold, traded, shared
with other organizations, or used for any purpose other than consumer research
·
Hallmark does not endorse the information posted in the community.
Membership
In
order to meet our research needs, Hallmark Research will periodically replace
members and refresh the community with new members. This means your
participation is of a limited time frame. Your membership in and access to the
Hallmark Online Community is strictly at the discretion of Hallmark and may be
revoked at any time without cause and without notice. You hereby release
Hallmark from any and all liability that may arise in connection with your use
of the Hallmark Online Community.
Warranty
Hallmark does not
represent or endorse the correctness, accuracy, reliability or any other aspect
of advice, opinion, statement or other information distributed through the Hallmark Online Community, and reserves
the right to remove any content from the community website that it deems
inappropriate or not sufficiently advancing the purposes of the Hallmark Online
Community.
Hallmark and/or its
agencies endeavor to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any
defects that may exist in the web site or its operation. As to the operation of
the web site, Hallmark expressly disclaims all warranties of any kind, whether
expressed or implied, including, but not limited to all implied warranties of
merchantability or fitness for a particular purpose, title and
non-infringement. Hallmark makes no warranty that (i) the operation of the web
site will meet the user's requirements; (ii) access to the web site will be
uninterrupted, timely, secure, free of viruses, worms, trojan
horses or other harmful components, or free of defects or errors; (iii) the
results that may be obtained from the use of the web site will be accurate or
reliable; or (iv) defects will be corrected. You (and not Hallmark) assume the
entire cost of all servicing, repair, or correction that may be necessary for
your computer equipment and software as a result of any viruses, errors or any
other problems whatsoever you may have as a result of visiting this web site.
Limitation
of Liability
Under no
circumstances shall Hallmark and/or its agencies be liable for any damages or
injury, including any direct, special, incidental, consequential, punitive or
other damages, that may result from the use of, or the inability to use, the
web site or any materials in this site, whether in an action of contract,
negligence or other tortious action, arising out of or in connection with the
use or performance of the website or information available in the web site.
Hallmark shall not be liable even if Hallmark or a Hallmark authorized
representative has been advised of the possibility of such damages. These
include but are not limited to damages or injury caused by error, omission,
interruption, defect, failure of performance, delay in operation or
transmission, line failure or computer virus, worm, trojan
horse or other harmful component.
You agree to defend,
indemnify and hold Hallmark and/or its agencies harmless from any claim or
demand made by any third party against Hallmark due or arising out of your
participation in the Hallmark Online Community and/or any breach by you of the
provisions of this agreement.
Jurisdiction
These Terms and
Conditions and any disputes arising under or related to these Terms and
Conditions (whether for breach of contract, tortious conduct or otherwise)
shall be governed by the laws of the State of