This Basically Cards Web Site (the “Site”) is provided as a service to our customers. Please review the following basic rules that govern the use of our Site (the “Agreement”). This Agreement constitutes a valid, binding contract between you and by Basically Cards, LLC, a Texas limited liability company and the owner and operator of the Site (“Basically Cards”, “we”, “us” or “our”) with regard to your use of the Site. Basically Cards provides its products and services and other content on this Site to you subject to your compliance with the terms of this Agreement. Please note that your use of our Site constitutes your agreement to follow and be bound by this Agreement. Accordingly, if you do not agree to these terms, please do not use this Site. Basically Cards reserves the right to modify this Agreement at any time without prior notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Agreement, as amended. Therefore, we encourage you to review this Agreement whenever you use the Site. Also, please print a copy of the Agreement for your records.
Basically Cards takes your privacy very seriously. You may view our privacy and security policy
here.
Intellectual Property
This Site is protected by copyright, trade secret, patent, trademark, trade dress, and other intellectual property rights. Unless otherwise noted, all materials, including images, templates, designs, illustrations, icons, photographs, and written and other materials that are part of the Site (collectively, the “Content”) are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Basically Cards, LLC or by third parties who have licensed their materials to Basically Cards, LLC and is protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Basically Cards and is also protected by U.S. and international copyright laws.
The Basically Cards logo, and other trademarks, service marks, logos, product names, and service names (collectively, the “Marks”) are owned or licensed by Basically Cards. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of Basically Cards.
The entire Site, and all object and source code, text, graphics, templates, multimedia content, including, but not limited to, images, illustrations, audio and video clips, HTML, and other markup languages, and all scripts within the Site associated therewith, are copyright 2006, Basically Cards, LLC. All rights reserved. Additionally, page headers, custom graphics, button icons, and scripts that are service marks, trademarks, and/or trade dress of Basically Cards may not be copied, imitated, or used, in whole or in part, without the prior written permission of Basically Cards.
Use of this Site
This Site and its contents are intended solely for personal, non-commercial use. Your use of this Site is at the sole discretion of Basically Cards. We may deny you further use of this Site at any time, for any reason, with or without cause. Neither your use of the Site nor your registration on or purchasing from the Site entitles you to continued use of the Site.
You may not use this Site in any manner that could damage, disable, overburden, or impair this Site of the server it is hosted on. You may not obtain any materials or information through the Site that are not intentionally made available. You may not use any device, software, routine, or otherwise take any action to bypass any code that may be included to prevent you from breaching obligations in this paragraph or to attempt to interfere with the proper working of the Site. You may not frame or use framing techniques to enclose any trademark, logo, template, or other proprietary information (including images, text, page layout, or form) of Basically Cards or its affiliates. You may not use meta tags or any other “hidden text” using Basically Cards' name or trademarks. You may not engage in systematic retrieval of data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, database, or directory.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the site to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- participate in any transaction that could cause us to violate any applicable law, stature, ordinance, or regulation;
- download, copy, reproduce, publish, transmit, distribute, modify, create derivative works from sell, participate in any sale of, any content or material displayed on the site (other than this Agreement, the Privacy and Security policy, and your order confirmation information), including, without limitation, any card on the Site or any content on any card on the Site;
- download, copy, reproduce, publish, transmit, distribute, modify, create derivative works from sell, participate in any sale of, upload, post, email, or otherwise transmit or provide any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of another;
- upload, post, email, or otherwise transmit or provide any content that promotes or enables unauthorized copying of another person's copyrighted or proprietary work, such as providing photographs, images, or text that is the copyrighted or proprietary work of another person, providing computer programs or links to them, or providing information to circumvent copy-protect devices
- upload, post, email, or otherwise transmit or provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information you know is false, misleading, or promotes illegal activities;
- upload, post, email, or otherwise transmit or provide any content that involves the transmission or “junk mail”, “chain letters”, or unsolicited mass mailing or spamming
- solicit passwords or personally identifying information for commercial, unauthorized, or unlawful purposes from other users;
- upload, post, email, or otherwise transmit or provide any material that contains software viruses or any other computer code, files, or programs that are designed to or will interrupt, destroy, or limit the functionality or any computer software, hardware, network, or telecommunications equipment; or
- engage in any other conduct that is inappropriate for the Site, in Basically Cards' sole and absolute judgment
Any cases of such will be prosecuted to the fullest extent of the law. Without limiting any other remedies, Basically Cards may suspend or terminate your account or your right to participate on the Site if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or dishonest activity in connection with our Site.
You will not provide inaccurate, misleading, or false information to Basically Cards or any other user. If information you provided to Basically Cards, or another user, subsequently becomes inaccurate, misleading, or false, you will promptly notify Basically Cards of such change.
Use of Content
You may use the Site only for your personal, non-commercial use. Any content you download or copy is for your personal use only. You may not download, print or otherwise store any images of any of Basically Cards proprietary card designs. No right, title, or interest in any downloaded material or software, is transferred to you as a result of such downloading or copying. You many not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative work from, sell, participate in the sale of, or exploit in any way, in whole or in part, any of the content of the Site, the Site, or any related software. All software used on this Site is the property of Basically Cards or its suppliers and is protected by U.S. and international copyright laws. The content and software on this Site, including, without limitation, all the card templates, messages, and photographs, may be used only as a shopping and information source. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
Product Display
We have made every effort to display the products featured on this Site as accurately as possible. Please note however that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually see on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color or detail of the cards you create utilizing our Site. For optimal viewing, we recommend setting your monitor to 800 x 600.
Product Orders
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime). While we will attempt to fulfill all orders submitted through the Site, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on this Site at any time without notice.
Product prices offered on the Site are quoted in U.S. Dollars and are valid and effective only within the United States. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. With respect to taxes, Basically Cards only taxes those residents of the State of Texas and will make those customers aware of the tax amount due at the point of purchase.
Once we prepare your card, you will have the opportunity to review an electronic proof. We will contact you with access information. Please note that you must have registered an account to have access to your proof. You will have three days (72 hours) to review the proof. If you contact us to let us know you approve the proof, we move forward with the printing process. Your approval must be by email. If we do not hear from your for three days, your proof will be assumed to be, and your agree the proof will be, approved. If you see a problem or have a question regarding the proof, you must contact us by email within the three day proof review period. A professional designer will then contact you to answer your questions.
We also offer you the capability to save partial orders if, for example, you do not have the photograph you want to use. We will hold your information for at least one month.
While our goal is a 100% error-free Site, we cannot and do not guarantee that any content is accurate or complete, including, without limitation, price information and product specifications. If we discover price errors, we will correct them on our systems, and the corrected price will apply to your order. Basically Cards reserves the right to revoke any stated offer and to correct errors, inaccuracies, or omissions (including after an order has been submitted and accepted). If your credit card has been charged and your order has been canceled before your product is printed or otherwise customized, a credit will be issued to your credit card amount in the amount that was charged.
Registration
Basically Cards encourages you to establish an account so you can take full advantage of the Site. For us to enable you to review the card you have ordered before we send it to be printed, we need you to establish a user profile. We will store your user profile for future use. The information we store in your user profile may include your name, shipping address, billing address, e-mail address, phone number, user name, password, security question and answer, and other information. Please note, however, that we will not store your credit card, so you will need to reenter it each time you place an order. You agree to provide true, accurate, and current information about yourself as prompted by the Site's registration form and to promptly update the registration information to keep it true, accurate, current, and complete. We may use the information you provide to electronically send you information related to the Site.
Please
click here to review our Privacy and Security Policy for additional information.
Refund, Return, and Exchange Policy
Basically Cards is proud to provide quality products to all of our customers. We will notify you when we have completed your card design and provide you with three days to review an online proof of your card before we send it to the printer. We strongly recommend that you closely review your online proof, including all the information you have provided, to ensure you are satisfied with your card. If there is a problem with your proof, we will work with you to make the appropriate changes and provide an updated proof for your review. Your cards are made specially for you according to your specifications. Accordingly, once your cards have been printed, we will have incurred the costs associated with your card, and will therefore not be able to make any additional changes, accept returns, or refund your payment.
User Comments and Other Submissions
We always welcome your comments, suggestions, and other submissions regarding the Basically Cards Site and our products and services. It is our intention, however, to avoid the possibility of future misunderstandings that may arise when new functionality, products, and features we develop might be similar or even identical to your idea. Therefore, all comments, suggestions, ideas, proposals, feedback, and other submissions disclosed, submitted, or offered to Basically Cards (collectively, the “Comments”) shall be and remain Basically Cards' property. Such disclosure, submission, or offer of any Comments shall constitute and assignment to Basically Cards of all rights, titles, and interests, in all copyrights and other intellectual properties in the Comments. Thus, Basically Cards, will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments and will be entitled to reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction. Basically Cards is and shall be under no obligation to (1) maintain any Comments in confidence, (2) pay user any compensation for any Comments, or (3) respond to any user Comments. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or creative materials. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsibility for the content of any Comments you make.
Notwithstanding the above provisions, Basically Cards will not display any customized card you have ordered without your prior written consent. Please see Gallery below for additional information.
Content Posted on the Site
You are solely responsible for any materials and messages (collectively, "Content") that you publish or display (hereinafter, "post") on the Site or transmit to other users.
By voluntarily submitting information, communications or other content to the Site, , you agree that such submissions are non-confidential for all purposes. You also automatically grant, and you represent and warrant that you have the right to grant, to Basically Cards an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Basically Cards to post or use such materials or, if we do so, to give you credit.
You understand and agree that Basically Cards may review and remove any Content that in the sole judgment of Basically Cards violates this Agreement or which, in the sole discretion of Basically Cards, might be offensive or illegal or might violate the rights of, harm, or threaten the safety of users.
Gallery
Basically Cards shall have the right to use a snapshot of cards you design using our special process in marketing materials or advertising or in any other manner, so long as such images do not include personally identifying text, without securing your additional approval.
Links to Third Party Sites; Advertisers
This Site may contain links to third party websites. Such links are provided for your reference only. We do not control such websites and are not responsible for their content. Our inclusion of links to an outside site does not imply any endorsement of the site or the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. Please note that we are not responsible for the accuracy or content of any of those sites. Accordingly, we can neither make representation concerning the content of those sites to you nor can the fact that we have provided this link serve as an endorsement by us of this or any other site. By creating a link to any other website, we are not recommending that website or giving any assurances as to its standing. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on those outside sites or the organizations sponsoring the sites. Basically Cards makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, or the content of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Basically Cards shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to Basically Cards with advertisers, or as the result of the presence of such advertisers on the Site.
Indemnification
You agree to defend, indemnify, and hold Basically Cards and its officers, managers, members, agents, employees, licensors, and suppliers harmless from and against any and all claims, damages, losses, costs, and expenses, including without limitation attorneys' fees, and including without limitation claims based on the negligence of Basically Cards, arising from or related to the use of the Site by you or any person using your account, the materials the Site contains, and any transactions you or any person using your account enters into with Basically Cards. You further agree to indemnify and hold us, our subsidiaries and affiliates, and our officers, managers, members, agents, employees, licensors, and suppliers harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out the use of this Site by you or any person using your account, including, without limitation, any liability that arises as a result of your uploading images for which you do not have rights to use such as third party copyrighted images.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BASICALLY CARDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR RELATED TO THE SITE.
- b. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BASICALLY CARDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
- c. BASICALLY CARDS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
- d. BASICALLY CARDS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
- e. BASICALLY CARDS MAKES NO REPRESENTATION OR WARRANTY THAT:
- (i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- (ii) DEFECTS WILL BE CORRECTED;
- (iii) THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR
- (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
- f. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- g. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BASICALLY CARDS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
BASICALLY CARDS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO ARE REGISTERED ON OR USE THIS SITE. IN NO EVENT SHALL BASICALLY CARDS OR ANY OF ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OR YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BASICALLY CARDS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BASICALLY CARDS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OF INABILITY TO USE THE SITE;
- ANY PURCHASE RESULTING FROM THE USE OF THE SITE BY YOU OR ANY PERSON USING YOUR ACCOUNT;
- ANY INTERACTIONS BETWEEN USERS OF THE ACCOUNT, WHETHER ONLINE OR OFFLINE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY INFORMATION CONTAINED ON THE SITE, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, BASICALLY CARDS LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE MOST RECENT SUBSCRIPTION FEE PAID BY YOU, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BASICALLY CARDS ARISING OUT OF OR RELATING TO THE USE OF THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
BASICALLY CARDS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BASICALLY CARDS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. Basically Cards has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on the Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act (“DMCA”), we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Basically Cards, LLC
Attn: Elizabeth Malakoff, Chief Creative Officer
5536 Wateka Drive
Dallas, Texas 75209
Fax Number: 214.276.1488
Phone Number: 469.287.5875
Email:
emalakoff@basicallycards.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving copyright notices under the DMCA.
Privacy Policy
Basically Cards' use of personal information that you may submit to us through this Site is governed by our privacy policy. You can see the privacy policy
here.
Termination/Access Restrictions
Basically Cards reserves the right, in its sole discretion, to terminate or refuse your access to this Site and its products and services, to terminate your account, or to cancel any order at any time, without notice, if we feel that your conduct violates this Agreement, applicable law, or is harmful or damaging to Basically Cards, its suppliers, or other users of the Site. The provisions relating to intellectual property, limitations of liability, and indemnification shall survive termination.
Waiver
Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Identity Verification
We may use several techniques to verify the identity of our users when they register on our Site; however, Basically Cards cannot confirm each user's identity.
Modification
You agree that Basically Cards may update, revise, supplement, modify, or amend this Agreement at any time and without notice. Any updates, revisions, supplements, modifications, or amendments shall be effectively immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented modified, or amended, regardless of whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications, or amendments. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made part of the Agreement by its express terms.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Basically Cards with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in the Agreement. You agree that you have not relied on any other representations, warranties, terms, agreements, or conditions.
The terms in this Agreement as they relate to any services or products made available on this Site are supplemented by our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy,
click here.
Nature of Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Basically Cards as a result of this Agreement or your use of the Site (including, but not limited to, your purchasing products, providing customized content, or offering Content. No agency, partnership, joint venture, employee-employer, or other relationship is intended or created by this Agreement.
Dispute Resolution
Disputes between you and Basically Cards regarding our services should be reported to
administrator@basicallycards.com. We will attempt to resolve any disputes you have with us.
Basically Cards is not responsible for the conduct, whether online or offline, of any user of the Site. We encourage you to report all user-to-user disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies. Basically Cards reserves the right, but has no obligation, to monitor disputes between you and other users, arising from or related to the Site.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
This Agreement, the entire relationship between you and Basically Cards, and any litigation or other legal proceeding between you and Basically Cards (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
This contract is fully performable in Dallas, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
With the prior agreement of Basically Cards, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Dallas, Texas, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Basically Cards has endeavored to comply with all legal requirements known to it in creating and maintain this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a void, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Basically Cards may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. If Basically Cards terminates your membership because you have breached this or any other applicable agreement, you will not be entitled to any refund of unused subscription fees.
Contacting Us
If you have a comment, question, or request, or if you need to contact Basically Cards for any other reason, please call us toll free at 469.287.5875 email us at
service@basicallycards.com, or write us at:
Basically Cards, LLC
5536 Wateka Drive
Dallas, Texas 75209
Attention: Customer Service
If you call us but reach an answering machine, please leave a message and your telephone number.
If you have spam blocking activated, please add basicallycards.com to your list of accepted domains. Otherwise, our email to you may be blocked.