T E R M S  &  C O N D I T I O N S                    
(a/k/a “The legal stuff You need to know about!”)

Welcome to Jinglegram.com (the "Site"), brought to You by Dream Big Media, Inc. ("DBM"). The Site provides electronic greeting cards and a variety of free and low cost holiday-related products and services on the internet – such as games, screensavers, images, videos, animations, stories, T-shirts, and other festive content for the whole family to enjoy.

Please read these Terms and Conditions ("Terms") fully and carefully before using this Site, or any applications or services available on or through this Site. These Terms constitute a legal agreement between You (the user of the Site) ("You," "User," "Guest"), and DBM (“We,” “Us,” “Our”). 

Implied Consent. By accessing, browsing, or otherwise using this Site, or any applications or services available on or through this Site, You acknowledge that You have read, understand, and agree to be legally bound by these Terms, and by all applicable laws and regulations. If You do not agree with any or all of the Terms described, You do not have permission to use this Site. Your continued use of the Site indicates Your agreement to be bound by the Terms in effect at the time of such use. 

Your Responsibilities. In consideration of Your use of the Site, and/or any services or applications available through the Site, You agree as follows: 1) You will provide true, accurate and complete information about yourself as prompted by the Site registration process; 2) You are at least 18 years of age and You possess the legal right to agree to these Terms; 3) You are solely responsible for any and all correspondence coming from Your email account, whether or not made with Your knowledge or consent; 4) You agree to use Your best efforts to guard Your email accounts carefully in order to prevent unauthorized persons (including minor children) from engaging in transactions for which You will be legally responsible; 5) You will not use this Site for any unlawful purpose or for any reason that infringes upon these Terms; 6) You are solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection; 7) You are the true owner of any content posted by You to or distributed via the Site, and no such content violates any third party intellectual property or other rights; 8) No content posted by You to or transmitted through the Site shall constitute defamation or libel or shall otherwise violate the law; 9) You agree to defend, indemnify, and hold DBM harmless from breaches of any of the responsibilities described in this paragraph; 10) You agree to comply with all the other responsibilities and obligations described in the remainder of these Terms.

Intellectual Property. All content included on this Site, including software, design, text, images, photographs, icons, logos, products, digital downloads, data compilations, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and the arrangements thereof, and service marks, trademarks and trade names (the "Material") are the exclusive property of DBM and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and international copyright and trademark laws.  DBM reserves the unfettered right to pursue any and all available civil and criminal penalties for any and all copyright, intellectual property and other legal violations.  Please be advised that DBM aggressively protects its intellectual property rights and will take immediate action against any infringement thereof.

Limited License. Except where otherwise agreed, DBM hereby grants You a limited, non-exclusive, non-commercial, non-assignable and non-transferable license to use, view and display Site content, such as videos, screensavers, games, stories, software, chat areas, bulletin boards, ebooks, blog entries, and/or other services and applications.  All Site content is and shall remain the exclusive copyrightable material of DBM.  Certain applications may be owned by third parties and distributed under distinct terms and conditions.  You agree that DBM shall not be responsible for any loss or damage of any kind relating to Your dealings with such third parties.

Your use shall be limited to a single copy of any materials, features, applications and services provided by DBM on or through this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the Site. The design and layout of the Site are specifically excluded from the Material. You agree that any copy of the Material (or any portion of the Material) that You make shall retain all copyright and other proprietary notices contained in such Material. Framing of the Site or Site Material or posting of Material on other web sites is strictly prohibited, unless prior written consent has been obtained.

You agree not to reproduce, modify, transmit, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material through a third party website), or in any other way exploit any of the content of the Site, in whole or in part, for any personal or commercial purpose, without the express prior written consent of DBM. If You become aware of any such reproduction, modification, distribution or other unauthorized commercial or personal exploitation, You agree to notify DBM immediately. Use of DBM Material is only permitted with express written permission.

Except for the limited license granted above, nothing contained herein shall be construed as conferring to You in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of DBM or any third party. You further agree that You will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Any rights that are not expressly granted herein are reserved in full by DBM.  No other use of this Site or Site Materials is authorized. 

Site Content. In certain cases, DBM may allow You and other Users to upload, post, transmit and/or distribute certain content to or via the Site.  All User submitted content, including feedback, suggestions, data, messages, instant messages, mobile messages, comments, information, text, software, photographs, pictures, videos, audios, artwork, graphics, messages, stories, animations, and/or any other materials of any nature whatsoever, are the sole responsibility of the User from which the content originated. This means You, and not DBM, are entirely responsible for the content You transmit to or via the Site.

If and to the extent You submit content to any public area offered by DBM, such as community forums, chat rooms, instant messaging services, mobile messaging services, interactive games, news groups, blogs, video or audio arcades, picture or art galleries, instant messaging, or other featured areas of this Site, or You submit any stories or feedback regarding Your experience with Jinglegram.com, or any related websites owned or controlled by DBM, You warrant that You are the rightful owner of such content and You automatically grant DBM a royalty-free, perpetual, world-wide, irrevocable, non-exclusive and assignable right and license to link to, use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and publicly display such content (in whole or part) in any form, media, or technology now known or later developed, on any website owned or operated by DBM, or in any materials produced by DBM, and to sublicense or assign such rights to others. You obtain no rights in any form, media, or technology incorporating the Materials.

You acknowledge that You have no expectation of privacy whenever You give out personal information in connection with the Site, for example, via message boards, public forums or chat, that information can be collected and used by people You don't know. Unless otherwise agreed in writing, no content submissions shall be subject to an obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any such submissions. We cannot guarantee the security of any information You disclose online; You make such disclosures at Your own risk.

DBM DOES NOT TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT SUBMITTED TO THE SITE BY YOU, or content submitted by any other Site User or Guest. You acknowledge that while DBM does not pre-screen any content posted by You or other Users or Guests, DBM retains the right, in it’s full discretion, to refuse to post or to remove any content from the Site, or to refuse to transmit any content that is deemed to be objectionable under these Terms. DBM also reserves the right to investigate reports of misuse of all services and applications; to protect the property and assets of the Site; and to protect our Users and Guests from objectionable or harmful content.

You are solely responsible for Your actions and communications undertaken or transmitted using this Site. Except as described in the Acceptable Use Policy, below, neither DBM, nor any affiliate of DBM, shall exercise editorial control over Your transmissions.  Further, You understand that by using any public areas of the Site there is some risk that You may be exposed to Materials that are offensive, objectionable or indecent.

Acceptable Use Policy. You agree and acknowledge that You will not use this Site to upload, distribute, post, email, transmit, or otherwise publish any content that includes harassing, abusive, threatening, obscene, pornographic, defamatory, libelous, unlawful, harmful, tortious, indecent, defamatory, vulgar, invasive of another's privacy, hateful, or otherwise objectionable content; including messages or images that may infringe on any intellectual property or other proprietary rights of any person or entity; that may further any unlawful, criminal or fraudulent activity; or that attempt to conceal or to misrepresent the identity of the sender. 

You further agree that Your published content will not disparage in any manner DBM, Jinglegram.com, its licensors, licensees, affiliates, advertisers, or any of their respective products, services and/or websites.  You agree that You shall not upload to, or distribute or publish via the Site (including the Jinglegram™ Greeting ecard generator) any content that is directly or indirectly commercial in nature or contains any solicitation of funds, promotion, advertising or solicitation for any products, goods or services. You further agree and acknowledge that soliciting individuals to join or become members, users or subscribers of any commercial online web site or other online or offline organization is expressly prohibited.

You agree that You shall not upload to, distribute through or publish via the Site any software, applications or content that contains viruses or any other corrupt files, programs or computer code designed to interrupt, destroy or limit the functionality of the Site in any way.  You agree that You will not impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity; and You will not engage in any antisocial, disruptive, or destructive acts while interacting with the Site and/or any Users or Guests thereof.

Violations of this Acceptable Use Policy will not be tolerated and may result in legal action. If the content You provide violates this Acceptable Use Policy, in whole or in part, and causes injury or is alleged to have caused injury to any person or entity, You agree to indemnify DBM for all claims resulting from such injury or alleged injury. You acknowledge and agree that DBM reserves the right, in its sole discretion, to delete or remove objectionable content made available through the Site; and to disclose such content to any third party (including, but not limited to, the intended recipients, their counsel and/or law enforcement authorities), relevant information about the content, including the sender's name, account information, user identification and cookie numbers, transmission data, past and subsequent service use records, and any other information deemed necessary, in the sole discretion of DBM. These disclosures may be made with or without notice to You. By using this Site, You irrevocably consent to such disclosures.

Disclaimer of Warranties. THIS SITE AND ALL APPLICATIONS, SERVICES AND MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITH ALL ATTENDANT RISKS.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT BY LAW, DBM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DBM IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THE SITE. DBM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE 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. DBM DOES NOT 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. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL DBM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE, BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES CONTAINED ON THIS SITE, WHETHER PROVIDED OR OTHERWISE SUPPLIED BY DBM OR ANY THIRD PARTY. IN NO EVENT SHALL DBM'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. NEITHER DBM, NOR ANY AFFILIATE THEREOF, TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS DBM AND ITS AFFILIATES FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.  DBM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, FUNCTIONALITY, DELETION, DELIVERY OR FAILURE TO STORE ANY OF YOUR GREETINGS OR PERSONALIZED CONTENT.  YOU ASSUME ALL RISK OF ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT MAY OCCUR DUE TO YOUR USE OF ANY SITE CONTENT, APPICATIONS, DOWNLOADABLE CONTENT, AND/OR OTHER SERVICES.  YOU ALSO ASSUME THE RISK OF BEING EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE THAT HAS BEEN POSTED BY ANOTHER GUEST OR SITE USER.  DBM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER, AFFILIATE, CONTENT PROVIDER, GUEST OR USER.

Spam. You may use our electronic greeting cards, mobile messaging and other site content for NONCOMMERCIAL PURPOSES ONLY. You may not send content to individuals or groups to which You do not have the right or the consent to contact, including sending unsolicited bulk or commercial messages. You must furnish Your actual e-mail address or mobile phone number in order to send a card or message. You may not “remail” or transmit our content through any high-volume application under any circumstances. You may not transmit our content using any automated program or application. DBM reserves the right to limit, in its sole discretion and without prior notice to You, the number of transmissions that You may send using the Site and/or the number of recipients to which You send such Jinglegram™ Greetings.  Please note that Spam will not be tolerated – and swift action will be taken against violators to the fullest extent of the law!

DBM is committed to following fair, responsible and ethical e-mail practices. That’s why we make it simple to remove yourself from any or all of our mailing lists and offers by prominently displaying an unsubscribe link at the bottom of each e-mail You receive.  By clicking on the link and following the simple instructions, You will be automatically removed from future DBM offers and promotions. 

International Use. We do not make any representation that Materials on this Site are appropriate for use in all countries throughout the world.  Accessing this Site from territories where the contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are fully responsible for compliance with local laws.

Indemnification. You agree to indemnify, defend and hold harmless, DBM, its affiliates, and their respective officers, owners, directors, employees, agents, licensors, representatives, partners, and third party providers to the Site from and against any and all liability, losses, expenses, damages and costs, including reasonable attorneys' fees incurred in connection with any claim resulting from any violation of these Terms by You, or any other User or Guest who has accessed the Site via Your email address or subscription. DBM reserves the right to assume, at our expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with DBM in asserting any available defenses.

Links and Advertisements. DBM may feature links, advertisements, and/or product offerings by third parties on the Site, or on any related websites owned or controlled by DBM; or in any newsletters, e-zines, e-books, blogs and e-mail communications.  These links, advertisements and/or product offerings may appear in the form of banners, buttons, text links, integrated gift services, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS, ADVERTISEMENTS AND PRODUCT OFFERINGS ARE PROVIDED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH DBM AND DBM MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER, AFFILIATE OR THIRD PARTY. DBM WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY DBM ADVERTISER, AFFILIATE, VENDOR OR THIRD PARTY.

There may be circumstances where access to this Site is provided by a link or banner ad located at another website. DBM makes no representations and gives no warranties with respect to any information contained in or at these other sites and neither DBM nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither DBM nor its affiliates endorses the individuals, companies, or other similar entities that may offer a link to this Site.

Changes. DBM reserves the right, in its full discretion, to change, modify, add to, remove, or otherwise alter these Terms, in whole or in part, at any time and from time to time. Such changes will become effective immediately upon the posting thereof on the Site.  Please review the revision date at the bottom of this page periodically to determine if the Terms have been changed since You last reviewed them. Your use of the Site after such updating shall be deemed to constitute acceptance of such changes, modifications, or new conditions.  If You do not agree to be bound by any such amendments, please terminate Your subscription, if any, and immediately refrain from using the Site and/or any services or applications available on or through the Site. 

DBM also reserves the right, at any time, and from time to time, to change the products and services provided on the Site, including eliminating or discontinuing any content, feature, or application; restricting the hours of availability; limiting the amount of use permitted; and imposing new or increased fees or charges for the use of any content, feature, or application. All changes shall be effective immediately upon notification on the Site.

Termination. If DBM determines that You have failed to comply with any of the provisions of these Terms, it may terminate or cancel Your right to access the Site and/or to use any Site services or applications, immediately and without notice. DBM reserves the right at any time, and from time to time, to discontinue the Site, and/or any Site applications and/or services, for any reason.  DBM shall not be liable to You and/or to any User, Guest or other third party for such termination.  

Disputes and Jurisdiction. This agreement and the rights and obligations of the parties hereto, 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 arising between You and DBM will be submitted to binding arbitration in the State of New York, in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes; except to the extent You have in any manner violated or threatened to violate DBM's intellectual property rights, in which case DBM 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.

Entire Agreement. These Terms, as amended from time to time, constitutes the entire agreement between You and DBM. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Additional Terms. Please note that You may be subject to additional terms and conditions if You access any third-party content, services, software or applications through the Site, or purchase items through The Jingle Store (the content of which is owned and managed by Spreadshirt.com).

Contact Information Disclosure. DBM’s name and street address is Dream Big Media, Inc., 27 W.55th Street, New York, NY 10019.  Our telephone number is 212.664.9465.