Welcome to BestWishes.ai, a website operated by ETHicAL AI, LLC (referred to herein as "BestWishes.ai"). The following is a legal agreement between BestWishes.ai and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
BestWishes.ai takes your privacy seriously. Your personal data will NOT be sold to third parties. BestWishes.ai will only use your personal data to provide the services requested, to notify you about important updates to our service, and for internal analysis of our website and product performance. If you join our mailing list, make a purchase, or have a video emailed to you, we will add you to our mailing list for occasional product updates and special offers. You will always have the ability to unsubscribe anytime by clicking a link in our emails.
BestWishes.ai 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 BestWishes.ai or where expressly permitted. You agree not to use or resell BestWishes.ai 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 provided by BestWishes.ai 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 BestWishes.ai, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.
You understand that ecards featuring videos of famous people are not real recordings of that person. Rather, the videos are a parody of that person, created using "artificial intelligence" technologies and other software and methods.
BestWishes.ai may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. BestWishes.ai 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 BestWishes.ai, or its content suppliers or licensors and is protected by United States and/or international copyright laws. The compilation of all content on this site is the exclusive property of BestWishes.ai and is protected by U.S. and/or 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 BestWishes.ai.
To access many features on the site, and to purchase any goods or services, you may be required to create an account with BestWishes.ai. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, and maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify BestWishes.ai of any unauthorized access or tampering of your account, or suspected breach of security.
You agree that any information you provide to BestWishes.ai is truthful and accurate, and complete including the name or identity of the sender of any ecard or other message, service or product. You agree to not use BestWishes.ai to upload, post, email, send, or initiate the sending by ecard, 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 represent and warrant that you own or otherwise control all of the rights to any content you submit to BestWishes.ai, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify BestWishes.ai for all claims resulting from any content you supply. By submitting content to BestWishes.ai through web-based functions or via email, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to BestWishes.ai solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to BestWishes.ai for the sole purpose of delivering products and services.
You acknowledge that BestWishes.ai is not obligated to prescreen content submitted by users, but that BestWishes.ai shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via BestWishes.ai or to refuse to accept content for use in any products or services offered on or through BestWishes.ai by any user that violates these terms of service or is otherwise objectionable in BestWishes.ai's sole judgment. BestWishes.ai may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, BestWishes.ai does not receive information it deems sufficient to evidence such rights, BestWishes.ai reserves the right to (i) suspend the delivery of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You also acknowledge and agree that BestWishes.ai 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 BestWishes.ai, its users and the public.
You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. BestWishes.ai reserves the right to limit, in its sole discretion and without prior notice to you, the number of ecards or messages that you may send using BestWishes.ai or the number of recipients to which you send such ecards or messages.
If, in BestWishes.ai's sole determination, you violate BestWishes.ai's Member Conduct policy, BestWishes.ai may block you, and those using any email account associated with you from sending ecards or using any or all of the services available on BestWishes.ai. If you are a member of a subscription service, BestWishes.ai may terminate or disable your account or subscription without compensation or refund. BESTWISHES.AI 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 BESTWISHES.AI 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.
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. BestWishes.ai does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, photo cards) or promotional offerings are non-refundable.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL BESTWISHES.AI 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 BESTWISHES.AI OR A BESTWISHES.AI 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 BESTWISHES.AI'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.
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, BESTWISHES.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BESTWISHES.AI 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. BESTWISHES.AI 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 BESTWISHES.AI) 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.
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 BestWishes.ai may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. BestWishes.ai 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.
You may communicate with BestWishes.ai by emailing hello@bestwishes.ai. BestWishes.ai may issue notices via various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect. You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use BestWishes.ai products or services. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that BestWishes.ai may send.
If you have questions regarding these Terms and Conditions, please reach out to us by contacting hello@bestwishes.ai.
BestWishes.ai welcomes comments regarding its products and services. However, BestWishes.ai'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 BestWishes.ai'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 BestWishes.ai. None of the Information shall be subject to any obligation of confidentiality on the part of BestWishes.ai and BestWishes.ai 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.
BestWishes.ai 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 BestWishes.ai if in BestWishes.ai's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from BestWishes.ai and all copies thereof, whether made under the terms of this agreement or otherwise.
In the event you violate these terms of use, in BestWishes.ai's sole discretion, BestWishes.ai may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.
This agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to BestWishes.ai or to products you purchase through BestWishes.ai shall be submitted to confidential arbitration in Chevy Chase, Maryland, except that, to the extent you have in any manner violated or threatened to violate BestWishes.ai's intellectual property rights, BestWishes.ai may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, 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 BestWishes.ai.
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.
BestWishes.ai 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.
BestWishes.ai 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 BestWishes.ai and provide the following information:
Please send your copyright information to hello@bestwishes.ai.
