Terms and Conditions

By using the FunPunch website or services you agree to these Terms and Conditions and to the Privacy Policy. Links to the privacy policy, terms and conditions, contact us and unsubscribe are provided on every page of the FunPunch website (http://www.funpunch.com/).

Terms of Use

1. You will not use the service for chain letters, junk mail, spamming, contests, pyramid schemes or any use of distribution lists to any person who has not given specific permission to be included in such a process.
2. You will not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
3. You agree not to use the service for illegal purposes.
4. You recognizes and accept that FunPunch is not intended to be an Anonymous Email Service. Every ecard sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of FunPunch recipients.
5. FunPunch may monitor or review your conduct on any of the services offered by Fun Punch.
6. You must not collect or disseminate information about other users, including e-mail addresses, without their consent, or otherwise invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights);
7. You must not transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or engage in any other conduct which, in FunPunch's sole discretion, is considered inappropriate, unauthorized or objectionable.
8. You understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Fun Punch be liable in any way for any content posted by any user or third party. Fun Punch does not control the content posted by users via it's services and, as such, does not guarantee the accuracy, integrity or quality of such content.
9. We may remove any content that you transmit to us, or terminate your account or subscription, if we are requested to do so by a copyright holder, or if your use of our software, the service, or that content violates this terms of use or is otherwise, deemed to be, in our reasonable discretion, inconsistent with the legitimate purposes and uses of the service.
10. You represent, warrant and agree that you will not transmit and music, movies, images or other content over our service unless you have the necessary rights to do so.
11. The use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited.
12. You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
13. User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. FunPunch assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. When you upload material using the service we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.
15. We reserve the right to deny, at our sole discretion, your access to the services without reason or notice.
16. We also reserve the right to suspend your use of the services where you break these terms or the law.
17. We reserve the right to refer any matter to a law enforcement agency or court of competent jurisdiction, where, in our reasonable opinion, we consider a matter is of a criminal or illegal nature.
18. FunPunch assumes no responsibility for the deletion or failure to store FunPunch messages.

FunPunch Refund Policy

If you are not satisfied with the service provided by http://www.funpunch.com/ you have the right to cancel your payment within 7 days. If you select payment option 1 or 2, you must cancel your payment within 7 days of the payment being taken to receive a full refund. Refunds will not be issued after this 7 day period.

If you select the 30 day free trial option (payment option 3), you will automatically be charged a 12 month membership fee upon expiry of this trial period. If you do not wish to take advantage of this annual membership, you must cancel your subscription before the trial period ends. (To cancel this subscription you must do so either through your PayPal account, your RBS worldpay account or by contacting us using the details below). If you do not cancel this subscription upon completion of the trial period, you are able to cancel the payment within 7 days of the payment being taken (7 days after the free trial period ends) to receive a full refund. Refunds will not be issued after this 7 day period.

If you wish to cancel your payment, you can do so by either logging in to your Paypal account or RBS worldpay account and cancelling the payment, or you must send an email to payments@marketingpunch.co.uk with full details of you email address and transaction details. Alternatively you can call our customer service line on 0870 446 0217

Contests

From time to time, FunPunch may sponsor contests and sweepstakes on its websites. Participation in such contests is entirely voluntary. FunPunch does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms and Conditions. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of FunPunch and you hereby consent to receive special promotions and offers from FunPunch and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give FunPunch permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote FunPunch, its products and services, and no additional consideration shall be paid for such rights.

Intellectual Property Rights

1. All intellectual property rights, including copyright and trade marks, in any works provided through the services or otherwise specifically at the request and expense of you shall belong exclusively to us and we grant to you a non-exclusive, royalty-free, non-transferable licence to use such works solely for the purposes described on our website at the time you place your order.
2. Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of any works provided through the services, in whole or in part.

Limitation of Liability

1. You acknowledge that we do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the use of the services and such communications shall not be considered reviewed, screened, or approved by us.
2. We do not warrant the content, accuracy or veracity of any posting made when using the services. You acknowledge that the individual person posting the communication is responsible for the posting.
3. Otherwise, so far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the services or the inability to user the service.

Changes to Terms and Conditions

FunPunch reserves the right to alter these terms and conditions without notice. Any changes made to our terms and conditions will be posted in the terms and conditions.

Contact information

If you have questions regarding these Terms and Conditions or wish to report a violation of these Terms and Conditions, please contact FunPunch using the Contact Us page.

or by post:

Operators

The FunPunch website and services are operated by Marketing Punch Ltd, Kestrel Court, Waterwells Drive, Gloucester, GL2 2AT. Registered in England and Wales, Company No. 06692565