Terms of Usage


Introduction

All visitors ("visitor") to the Card Federation Limited websites at cardfederation.com, cardfed.com and all of its subdomain websites ("the website") are entering a binding legal agreement on the following terms (the "agreement") when using the website. The agreement is between the user and Card Federation Limited (No. 1427184 / Hong Kong) ("Card Federation", "we", "us", "our") and use of this website indicates acceptance of this agreement.

Please read these Terms carefully before you start to use the Website. You may only use the Website (and the services provided through the Website) if you agree to these Terms. Your use of the Website indicates your acceptance of these Terms.

The Website is designed for your convenience and if you have any comments or problems and any questions regarding the Website and/or products and services featured on the Website, please post them through use the feedback form available on the Website, or post us on:


Card Federation Limited

Room 2406, 24/F, Hopewell Centre

183 Queen's Road East

Wanchai, Hong Kong

If you have experienced technical problems while using the Website please contact us through the 'Contact Us' form available through the Website. We welcome any suggestions on how to improve our service.

 

Member

A visitor can become a registered member (“user”, “artist”, “member”) of the website by setting up a password protected account. You will be required to select an email and password when registering to become a member. You must become a member before uploading any postcard designs for sale to the website. Card Federation reserves the right to refuse any person that it decides at its sole discretion from becoming member.

Any information you choose to publish may be viewed, distributed or linked to within The Website or in the course of delivering the Card Federation service. Your privacy is our concern. Please read our Privacy Policy if you would like to know how we handle your personal information.

 

Passwords

As a registered user, you are responsible for actions made on the website using your password, including any products purchased and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

 

Rights

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Card Federation Limited website or service any materials that violate another party's intellectual property rights.

You keep the copyright of any content you submit or upload to the website. In order to receive the Card Federation services you grant Card Federation a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

 

Granting of Usage Rights

In each case, you grant the website the right to use the uploaded print design, in particular to publish, reproduce and/or label products from the website with the design of the contracting party and publish, reproduce, offer and distribute such labeled products.

When you submit or upload content on the Card Federation website you represent and warrant that:

(i) you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license Card Federation to use and sub-license the content in accordance with this agreement;

(ii) you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;

(iii) you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;

(iv) your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

(v) your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;

(vi) your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions

Card Federation reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise.

 

Card Federation may cancel orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the PayPal account for the amount in question.

 

Purchasing a postcard on Card Federation

(i) Users can purchase products on the website through the PayPal payment system.

(ii) You do not have to be a member to purchase a product.

(iii) The price you pay is fixed at the time of ordering.

(iv) You may not cancel an order once it has been submitted.

(v) It is the customer's responsibility to ensure the product delivery address is correct. Card Federation takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

(vi) We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any user.

 

Delivery / Shipment

In most cases, the delivery of postcard is made within 24 hours from the date when the Customer receives confirmation of his/her order. Delivery locations, dates and times are only binding if they are expressly confirmed as such by Card Federation in writing.

Delivery shall be conducted by a post service provider chosen by Card Federation Limited. The product price include standard shipping costs.

If in exceptional circumstances delivery is not possible within the period of three weeks after the order, Card Federation shall promptly inform the customer about it in writing to the email address of the customer. The customer is then entitled to a right of, resend the postcard, or withdrawal of the order.

 

SALE OF A POSTCARD DESIGN

1. Sale Appointment Agreement

1.1 You appoint Card Federation as your agent to market to and obtain orders from customers for the purchase of your postcard designs over the website and to fulfill those orders by manufacture and delivery of your products (“appointment”) and we accept the appointment and will carry it out with regard to your interests.

1.2 The appointment is valid from the date of this Sale Appointment Agreement until termination in accordance with its terms.

1.3 You agree that Card Federation is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.

2. License

2.1 For the duration of the appointment, you grant Card Federation a non-exclusive royalty free license to use your intellectual property in your products for the purpose of enabling us to carry out the appointment.

3. Sale of your products

3.1 The retail price charged to customers who purchase your product is made up of the base price, your fixed creator royalty (“your royalty”), and additional tax where relevant. Card Federation will also charge the customer a postage and handling fee. The base price is the fee Card Federation charges to manufacture the postcard (inclusive of tax). When making each individual work available for sale you are assigned with your royalty. The royalty is applied by Card Federation according to agreed and predefined fixed royalty plan (“royalty system”).

3.2 Royalty system;

For each artist postcard design, which will create sale to a physical printed postcard through the Card Federation websites, the artist shall receive following royalty of;

             0.20 Euro (EUR) per postcard sold.

3.3 Card Federation will enable you to see your sales overview through your profile on the website. This sales overview is visible once artist has sold more than 10 Euros (EUR) worth of commission.

3.4 You agree that Card Federation makes no representation that it will be able to procure an order for your products at the retail price or at all, nor that you will obtain any benefit by making the appointment and entering into this Sale Appointment Agreement.

4. Payment terms

4.1 You authorize Card Federation to collect, hold and distribute the retail price and postage and handling fees (“sale proceeds”) from customers on the terms set out in this clause 4.

4.2 You authorize Card Federation to deduct the postage and handling fee from the sales proceeds for your products before distributing your royalty, and tax where relevant, to you.

4.3 We will initiate PayPal payment deposit before the 10th day of the month for sales made in the previous month, the PayPal is the chosen payment method of the website.

4.4 If you have earned less than 25 Euros (hereafter 'EUR', '€') during the month, or equivalent in Euro, Card Federation reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least 25 Euros.

4.5 Despite clauses 4.4, you may request payment at any time for the full amount in your account and a 5 Euro administration fee will apply. Card Federation will pay this amount to you within 7 days of your request.

4.6 Card Federation will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. It is your responsibility to ensure Card Federation has current details of your postal address and PayPal account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Card Federation of any amendment to the payment method details in that time, you authorize us to withhold your margin.

5. Taxation responsibility

5.1 Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Sale Appointment Agreement.

6. Indemnity

6.1 You hereby indemnify and will keep Card Federation indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Sale Appointment Agreement or arising out of your willful act, neglect or default in the performance of such obligations.

6.2 This clause 6. will survive the termination of this Sale Appointment Agreement.

7. Limitation of liability

7.1 In no case will Card Federation be liable for any consequential loss or damage suffered by you arising from the appointment from this Sale Appointment Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

8. Terminating this agency agreement

8.1 You can give notice of termination of this Sale Appointment Agreement by closing your account in the method described in the Terms of Usage.

8.2 Card Federation may give notice of termination of this Sale Appointment Agreement to you in writing at any time.

8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Sale Appointment Agreement. Termination of this Sale Appointment Agreement will take effect once these transactions have been completed.

8.4 Upon termination of this Sale Appointment Agreement by either party, Card Federation will pay you any accrued member margin proceeds from your account, less a 5 Euro administration fee.

8.5 Card Federation reserves the right to delete any image which is deemed as identical or unreasonably similar to other images as hosted and/or displayed on the Card Federation Ltd. website without notice and/or explanation to the contributing party.

8.6 Card Federation does not openly accept images that are not the sole copyright of the contributing artist, designer, or photographer. Images that are determined to be within the public domain and/or free domain are not to be uploaded to the Card Federation website without prior authenticated consent from Card Federation. Card Federation reserves the right to delete any image that is considered within the public and/or free domain without notification or explanation to the contributing party.

END OF THE SALES APPOINTMENT AGREEMENT

 

Restriction of Liability, Exclusion of Liability and Release

The user is liable towards Card Federation for all damages suffered by Card Federation resulting from the use of the print design according to these general terms and conditions, in particular publishing and reproduction, when this violates third-party rights and/or infringes upon other statutory regulations.

This liability of the user includes all costs incurred by Card Federation in the form of legal costs as well as any costs and compensation payment which a court may award against Card Federation, resulting from the usage of the design of the user, or in so far as Card Federation is included in any settlement. The user obligates himself to release Card Federationof all aforementioned costs and damage claims. In such cases, Card Federation is entitled to receive an advance payment from the user to the amount of the estimated defense costs.

If the user is an entrepreneur, i.e. a natural or legal person, or an incorporated partnership who/which in conclusion of a legal transaction acts in exercise of his commercial or freelance professional occupation, then the following is also valid: As far as Card Federation has been accused of negligent behavior, liability is limited to the foreseeable, typically occurring damage.

 

Disclaimer

We do not represent or guarantee that the Card Federation service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Card Federation service or these websites will be uninterrupted.

You acknowledge that the Card Federation service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members' uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

 

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

(i) your breach of this agreement;

(ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or

(iii) your activities in connection with the website.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

 

Applicable Law

This Agreement shall be governed by, and construed in all respects in accordance with, the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("HKSAR").

 

Changes

Our Terms of Usage is regularly reviewed to make sure we continue to serve the privacy interests and needs of our customers. If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our website. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our website, and will replace any prior policies that are inconsistent. You should check our website occasionally for more information on how we use the data we collect.


Effective Date: 23/05/2010

Last Updated: 08/08/2011

Privacy Policy

 

General

At Card Federation we are committed to protecting your personal information. Your privacy is very important to us. We have stated this policy to inform you of the information we collect from you and how we use that information. By visiting cardfed.com or cardfed.com you expressly consent to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and to our Terms of Use.

 

What kind of information do we collect?

We collect information you provide when you place an order, register with us or send us an e-mail. This information may include:

- your username/email;

- your password;

- your name;

- billing address;

- shipping address.

 

How do we use your information?

We share personal customer information with our trusted service providers for limited purposes. Those purposes may be fulfilling customer orders, or offering products and services in connection. Third parties are not allowed to use this information. They can only fulfill orders and service your questions.

Card Federation Limited may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion, believe that such release is necessary or appropriate to:

- comply with law;

- comply with subpoenas, warrants, court orders, government investigations, or other legal processes;

- enforce or apply the terms of any of our user or license agreements;

- investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity;

- investigate fraud or similar claims; or

- protect the rights, property or safety of Card Federation Limited , our users, or others.

In the event that Card Federation Limited is acquired by, or merged with, another company Card Federation Limited reserves the right to transfer all information we have collected from our users in connection with such acquisition or merger. It is Card Federation Limited 's practice to seek appropriate protection for information in these types of transactions.

Card Federation Limited may disclose non-personally-identifiable information to third parties in aggregate form to potential business partners and investors.

Card Federation Limited processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside your country. However, we will always do so in accordance with this Privacy Policy and applicable law.


How do we keep your information safe?

Card Federation Limited takes the trust you place in us seriously. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Card Federation Limited utilizes appropriate physical, technical and administrative procedures to safeguard the information we collect.

Your payment information is processed through PayPal. Therefore we keep no records of your credit card information. This is processed directly between you and PayPal. Further information about PayPal's security features, please see the below link:

PayPal security

 

Cookies

Card Federation Limited uses cookies on the Card Federation Limited Websites. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies our users. Card Federation Limited's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Card Federation Limited Website features and functionality may not be available to you.

 

Beacons

Information Collected by Web Beacons and Log Files: Card Federation Limited collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type and site usage.

 

Changes

 

Our privacy policy is regularly reviewed to make sure we continue to serve the privacy interests and needs of our customers. If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our website. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our website, and will replace any prior policies that are inconsistent. You should check our website occasionally for more information on how we use the data we collect.

Effective Date: 23/05/2010

Last Updated: 14/06/2011

 

Contacting us

We value your opinions. If you have comments or questions about our privacy statement, please post them through the 'Contact Us' form available on this website.

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