a. Hallmark Ownership
Except with respect to User Content (defined in Section 3(c) below), Hallmark, its licensors, or suppliers own all rights, title, and interest in and to the Hallmark Canada Properties, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein, whether or not applied for or registered, including but not limited to the following: names, logos, text, characters, graphics or other artwork, icons, photos, products, digital downloads, sound recordings, audiovisual materials or effects, titles, themes, objects, animations, musical compositions, moral rights, documentation, data compilations, computer code or software, features, and functionality of the Hallmark Canada Properties, and any compilation of the foregoing (collectively, “Hallmark Content”). The Hallmark Content is protected by United States and international laws. The Hallmark Content and the User Content are collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service; or in any way exploit any of the Hallmark Content, in whole or in part, except as set forth in these Terms, without the specific permission of Hallmark Canada.
b. Hallmark Canada’s License to You
Subject to your compliance with these Terms and any applicable Supplemental Terms, Hallmark grants to you a limited, revocable, non-exclusive, non-transferrable license to engage in the following activities for non-commercial purposes only:
- To browse, access, and view any of the Hallmark Canada Properties and the Hallmark Content therein that is available to the public without registration; and, if you have registered or subscribed as required by the applicable Service, to browse, access, and view Hallmark Content available to such registered or subscribed viewers;
- To use the Hallmark Canada Properties, where applicable, to send personal, non-commercial messages;
- To link to the Hallmark Canada Properties, provided, however, that your website or any third party websites that link to the Hallmark Canada Properties: (a) must not frame or create a browser or border environment around any of Hallmark Content or otherwise mirror any part of the Hallmark Canada Properties; (b) must not imply that Hallmark is endorsing or sponsoring it or its products or services, unless Hallmark has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Hallmark Canada’s sole opinion, harm Hallmark or its Services; (d) must not use any Hallmark Canada trademarks without the prior written permission from Hallmark Canada; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Hallmark Canada’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Hallmark Canada Property, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Hallmark Canada reserves the right to prohibit linking to the Hallmark Canada Properties for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The foregoing license does not include any right to modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the Hallmark Content or the Hallmark Canada Properties, except as and only to the extent expressly stated above.
c. User Content
You and other users may have the ability to upload to, transmit through, or otherwise make available (collectively, “Upload”) through the Hallmark Canada Properties personalized messages, audio, video, photographs, files, data, reviews, discussions in community forums, or other materials (collectively, “User Content”). You are solely and entirely responsible for User Content that you Upload using the Hallmark Canada Properties. You acknowledge that other users of the Hallmark Canada Properties, and not Hallmark Canada, are similarly responsible for all User Content they Upload using the Hallmark Canada Properties. You agree that you have no right, title, or interest in or to any Content that you have not Uploaded that appears on or through the Hallmark Canada Properties.
You acknowledge that Hallmark Canada has no obligation to pre-screen, monitor, or investigate User Content, but that it reserves the right to do so.
d. Your User Content License to Hallmark
Subject to any applicable Account settings that we may choose to make available to you, and which you may then choose to select, you grant to Hallmark Canada a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform, and publicly display your User Content, in whole or in part, together (at Hallmark Canada’s option) with the names and likenesses of any persons identifiable therein, in any form, media, or technology now known or later developed, for the purposes of operating and providing the Hallmark Canada Properties and their services to you and to other users. Notwithstanding the foregoing, with respect to User Content that is provided to Hallmark Canada solely for the purpose of incorporating such User Content into a product or service ordered by you, you grant such right to Hallmark Canada for the sole purpose of making and delivering products and services ordered by you.
e. No Confidential Relationship/No Unsolicited Materials
It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Hallmark Canada does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to Hallmark Canada are included in the above license you grant to Hallmark for any User Content.
You agree and understand that we are not obligated to post, keep, or use your User Content.
f. Your Warranty to Hallmark Canada
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you Upload (or such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms, including without limitation that any other holder of any worldwide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Upload, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Upload is accurate, does not violate these Terms, and will not cause injury to any person or entity.
If you send an item (such as a card, ornament, or gift), whether such item is physical or digital, to another individual, you acknowledge and agree that you, not Hallmark Canada, are the sender of such card or message, and that we act merely as a delivery agent.
g. Copyright Infringement.
Hallmark Canada respects the intellectual property of others and complies with the Notice to Notice Regime under the Bill C-61 amendment of the Copyright Act, RSC, 1985, c C-42. For copyright infringement notices to be effective, such notices must be written and must include the following (“Copyright Notice”):
- 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 interest at issue;
- a description of where the copyrighted work or other intellectual property interest at issue is located on the Site;
- information reasonably sufficient to permit us to contact you, such as 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 Copyright 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. Hallmark Canada encourages you to consult a lawyer before submitting a Copyright Notice.
The Copyright Notice should be directed to the following:
Attention: Consumer Care, Hallmark Canada
3762 14th Avenue, Markham Ontario, L3R 0G7