TERMS AND CONDITIONS

The following Terms and Conditions apply to everyone browsing, accessing and using the site whether they are members or not.

1. This web site (the “Site) is currently run by Nigel and Brenda Holmes trading as Nigel Holmes Enterprises, which includes NorfolkMouse.com (“NorfolkMouse”). For the purpose of these Terms and Conditions, “we”, “us” and “our” refer to NorfolkMouse and “you” and “your” refer to you, the person browsing, accessing and using the site.

2. By accessing the Site and using its content, you acknowledge that you agree to be bound by the Terms and Conditions (“Terms”) and agree to comply with all laws and regulations that apply. Please read this agreement fully, as it contains disclaimers and provisions that limit our liability to you. Please do not use this site if you do not agree to these Terms.

3. All e-cards, photographs, graphics, animations, illustrations and text (the “Content”), also the design, programming and layout of the Site, are protected by copyright and owned by NorfolkMouse. The rights of NorfolkMouse to be identified as the authors of this work have been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. No part of this Site may be reproduced or used in any form or by any means – graphic, electronic, or mechanical, including recording, broadcasting or held in information storage and retrieval systems – without the permission of the copyright owner. You may not re-frame the Site or any of the Content, or post any of the Content on other web sites. This work is not in the public domain. All Worldwide rights reserved.

4. Although we intend to provide a quality service, due to the nature of individual computers and Internet connections, we are not able to offer total guarantees that the Content provided will work on all systems and display as intended. We cannot be held responsible for undelivered or misdirected e-cards due to malfunctions of Internet systems or computer outage.

5. The e-cards must not be used in any unlawful or inappropriate way. You must not send abusive, defamatory, harassing, libellous, obscene, pornographic or threatening messages, or messages with unlawful intent or purporting to be from a third party by concealing your own identity. E-cards are not intended to be sent anonymously and such activity is strictly prohibited.

6. We do not exercise any editorial control over your messages but reserve the right to review your e-cards in order to ensure compliance with these terms.

7. As a Member you will be granted a limited licence to enable you to send our e-cards solely for your personal use but not to send to unsolicited and/or commercial mailing lists. In addition, you may not use automated programmes to send e-cards.

8. The member’s area of the site will not be available until we have received your registration, which may not always be immediate.

9. You may not pass on your login details to any third party and if we notice that several people are accessing the site with the same password we reserve the right to discontinue your membership.

10. We reserve the right to vary the features of the Site, change the Content and other amenities without notice.

11. By using the site you recognise that it is for entertainment purposes only.

12. The music and sound effects contained in the e-cards and on the Site are used under licence to us and cannot be copied and reused or published in form.

13. Your membership license does not commit us to continue updating or adding additional content to the site.

14. We shall not be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or legal fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided by the Site, even if we have been advised of the possibility of such damages, this limitation applies to all causes of action in the aggregate including, but not limited to, breach of contact, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.

15. You hereby indemnity, defend and hold harmless Norfolk Mouse from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by NorfolkMouse in connection with any claim arising out of any breach by you of this Agreement. You shall co-operate as fully as reasonably required in defence of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

16. This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with English law and you and NorfolkMouse submit to the exclusive jurisdiction of the English courts.

17. If you violate any clauses in these Terms it may result in you being blocked from the Site, and we reserve the right to remove your membership without compensation or notification. We do not normally make personal information available to any third party but will comply with any legal representation to divulge this information to courts or authorities where any unlawful violation of these Terms has been committed.

18. We reserve the right to modify the Terms at any time by updating this page. By using the Site, you are bound by any such revisions and you should visit this page from time to time to check them.