Gift Card and Greeting Card Website Terms of Service

1. Acceptance of Terms.

Welcome to the gift card and greeting card customization pages of Borders ("Site"). Borders, Inc. ("Borders" or "Merchant") is pleased to offer these services to you through its service providers, including Cardways, a division of Arroweye Solutions, Inc. ("Cardways") and subject to the following Terms of Service ("Terms"). By accessing and using this Site you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of this Site. In addition, when using particular services in connection with this Site, you are subject to any posted guidelines or rules applicable to such services, including without limitation any terms and conditions of any gift cards and the Terms of Service of the Borders website(s). All such guidelines and rules applicable to such services are hereby incorporated by reference into the Terms. Borders may refuse to offer any or all of the services to anyone at any time, in its sole discretion. This Site is intended for use by individuals who are at least 13 years of age.

2. Products and Services

Through this Site you may select and customize (with text, pictures or graphics) various products, including but not limited to greeting cards and gift cards (some of which may be customized) (collectively, "Products"). When you have completed and paid for your order, Cardways will produce the Products you have selected and send them to the recipients specified by you. The pricing for the Products, which is stated in U.S. dollars, is set forth on the Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order.

3. Use of Site.

3.1 Proprietary Rights.
The Site contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by Borders, Cardways or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.

3.2 No Framing.
You agree not to "frame" or "mirror" any Content or third-party content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Borders and the respective owner of such Content.

3.3 Online Conduct.
Your use of this Site is subject to applicable local, state, federal and International law. Borders and Cardways make no representation that the Contents are appropriate or will be available for use in any locations. If you use a Site from outside of the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Your use of this Site in violation of this Section 3.3 governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages. You agree not to use this Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to:

(a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through this Site;

(e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party;

(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;

(i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.

3.4 Use of Content.
Cardways grants you permission to access and view this Site and to electronically design Products for the sole purpose of submitting an order. Any other use of this Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of this Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.

4. Third Party Links, Products and Services.

Products and services may be made available to you through the use of third-party web sites ("Third-Party Portals"). If you accessed this Site through a link from a Third-Party Portal or if this Site provides links to any third-party sites, you agree that Borders and Cardways have no control over the content on such sites AND YOU AGREE THAT BORDERS AND CARDWAYS ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. BORDERS AND CARDWAYS ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTIES. YOU RELEASE BORDERS AND CARDWAYS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST BORDERS OR CARDWAYS ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTIES.

5. Scanned Data.

5.1 Copyright Policy, Representation and Indemnity.
You are wholly responsible for any data you transmit to this Site ("Scanned Data"), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Scanned Data you transmit to this Site violates any copyright or trademark right, and that it complies with Section 5.2 of these Terms. Before transmitting Scanned Data to this Site, you should assure that such Scanned Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Scanned Data to this Site and/or by submitting Scanned Data for integration into any Product for processing, sharing, storage or fulfillment: (i) you grant Borders and Cardways a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Scanned Data solely in connection with providing products and/or services to you; and (ii) you represent and warrant to Borders and Cardways that the Scanned Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Scanned Data, or that you have the express permission to copy and use such Scanned Data for all purposes related to the products you order through this Site. You further represent that the Scanned Data does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.

5.2 Scanned Data Content Policy and Acknowledgement; Compliance with Law.
You may not upload to a Site any material that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Material of the type described in clauses (a) and (b) is referred to, collectively, as "Inappropriate Content").

The content of the Scanned Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). Borders and Cardways have no obligation to monitor the Scanned Data. However, Borders and Cardways (and their licensees, suppliers, fulfillers, and Third-Party Portals) reserve the right at all times to review the Scanned Data, to disclose the Scanned Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Scanned Data, to remove the Scanned Data, and to refuse to perform any orders for processing or fulfillment for Scanned Data that are, in Borders's or Cardways' sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. In the event that you submit Scanned Data to a Site for inclusion on a gift card and Borders believes the gift card contains Inappropriate Content, Borders reserves the right to refuse to honor the gift card.

5.3 Respect for Reputation.
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that Cardways and its affiliated companies will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

Furthermore, you agree to refrain from using the services offered through the Site, including ordering any Cardways Products, in any manner that would cause damage to the public reputation of Cardways, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which Cardways provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Cardways or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Portals, or Merchants, Cardways reserves the right to demand the immediate return of the Cardways Product(s) ordered from a Site, to invalidate, without refund, the value of any gift card included in such Cardways Products, and to pursue any and all further remedies available to Cardways and its affiliated companies under the law.

5.4 Indemnification
You agree to indemnify Borders and Cardways and hold them and their licensees, service providers, suppliers and fulfillers, owners and operators of Third-Party Portals, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the Scanned Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under Section 5.3. Your obligation to indemnify and hold Borders and Cardways harmless shall survive any expiration and termination of these Terms.

6. Limitation and Disclaimer of Warranties; Limitation of Liability.

You agree that in the event of any damage to or loss of any Product by Borders or Cardways (or by their licensees, suppliers, fulfillers, owners and operators of Third-Party Portals), even through negligence or other fault, the sole obligation of Borders and Cardways (and the sole obligation of their licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals), and your sole remedy, is at Borders's option, to replace the lost or damaged Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Product(s). You must submit a claim within thirty (30) days of the damage or loss.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER BORDERS OR CARDWAYS NOR ANY OF THEIR LICENSEES, SERVICE PROVIDERS, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THIS SITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THIS SITE OR RELATED SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS SITE WILL OTHERWISE MEET YOUR EXPECTATIONS.

Under no circumstances shall Borders or Cardways (or their licensees, service providers, suppliers, fulfillers, owners and operators of Third-Party Portals) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, the Site, any Content, or any products or services offered through the Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if Borders or Cardways, or their licensees, service providers suppliers, fulfillers, owners and operators of Third-Party Portals, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Product, or Scanned Data, the inability to use the Site, any changes to the Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.

7. Termination of Right to Use a Site.

Borders and Cardways reserve the right to terminate your right to use this Site if you violate any of these Terms. Upon termination of your right to use the Sites, Borders will remove your account privileges. Borders and Cardways will have no obligation to return to you your Scanned Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Borders or Cardways terminates your right to use this Site, is to receive a refund for any products paid for but not processed or fulfilled by Borders or Cardways, if any.

8. Privacy and Security.

Borders will protect and use information provided by you as set forth in the Borders Privacy Policy posted on this Site. You agree not to violate or attempt to violate the security of this Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

You understand that your account information on the Site is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. Borders and Cardways is entitled to rely on the fact that any Scanned Data, orders for Products or other information sent to this Site under your User ID and Password for this Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact Borders immediately.

9. Applicable Law.

These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of Michigan or the United States District Court for the Eastern District of Michigan. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. Return Address and Costs.

Cardways will automatically print a return address on every Product that you print and mail using this Site. The default return address is the address supplied by you for your profile. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on this Site. Borders may in its sole discretion add, delete or change some or all of the prices of products and services at any time without notice, other than as set forth on this Site.

11. Miscellaneous.

For purposes of these Terms, "you" and "your" shall mean you and "we", "us," and "our" means Borders and its affiliates. Title and risk of loss for products purchased by you through this Site passes to you upon delivery of the products to our carrier or Cardways' carrier for shipment to you. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to this Site.

The failure of Borders or Cardways to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Borders or Cardways, as applicable. Your use of this Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Borders's website(s).

Read the full Borders.com Terms and Conditions