Terms & Conditions
Permission to Use Content
Feitzky grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Feitzky or where expressly permitted. You agree not to use or resell Feitzky or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the ecard or messaging services (when available) provided by Feitzky to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through Feitzky, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.
Feitzky may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. Feitzky may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.
All content included on this site, such as ecards, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of Feitzky, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Feitzky, LLC. and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Feitzky. This prohibition includes, but is not limited to, the use of any proprietary Feitzky sketches, drawings or other components of its products on any website, in emails, or in other media without express written permission from Feitzky.
You agree that any information you provide to Feitzky is truthful and accurate, and complete including the name or identity of the purchaser of our products. You agree to not use this web site to upload, post, email, send, or initiate, transmit or otherwise make available 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 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You also acknowledge and agree that Feitzky may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Feitzky, its users and the public.
You may not use any automated program or script to automate the process of viewing any of the content on this site. Feitzky reserves the right to limit, in its sole discretion and without prior notice to you, the number of purchases you make or page views of this website.
If, in Feitzky’s sole determination, you violate Feitzky’s User Conduct policy, Feitzky, may block you, and those using any email account associated with you from using any or all of the services available on this web site. FEITZKY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY FEITZKY TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Purchase of Products or Services
You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Feitzky does not provide refunds or credits. All sales are final. The sole and exclusive remedy for goods damaged in shipping is like kind replacement.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL FEITZKY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF FEITZKY OR A FEITZKY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FEITZKY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Disclaimer of Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FEITZKY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FEITZKY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FEITZKY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT FEITZKY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Product Information Disclaimer
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on Feitzky may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Feitzky reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
Feitzky welcomes comments regarding its products and services. However, Feitzky’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Feitzky’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Feitzky. None of the Information shall be subject to any obligation of confidentiality on the part of Feitzky and Feitzky shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
Feitzky has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
This agreement will terminate immediately without notice from Feitzky if in Feitzky’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Feitzky and all copies thereof, whether made under the terms of this agreement or otherwise.
Disputes and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to Feitzky or to products you purchase through Feitzky shall be submitted to confidential arbitration in New York City, New York, except that, to the extent you have in any manner violated or threatened to violate Feitzky’s intellectual property rights, Feitzky may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Feitzky.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Feitzky makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
Feitzky respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Feitzky’s Copyright Agent and provide the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.