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Terms & Conditions
Please read the following carefully. By accessing any page of this website you are agreeing to the terms and conditions set forth below.
All content on this website, including but not limited to the artwork, postcard designs, templates and software, is protected by United States and international copyright laws, All rights to this material and software are reserved by Postcards.com or its suppliers. You are strictly prohibited from copying, redistributing or republishing any of the material or software contained on the Postcards.com website.
You affirm that you own the rights or a License of the rights to any images submitted by you to be reproduced on your order. Further, you warrant that no copyright notice has been removed from any material submitted by you and used in the content prepared for reproduction by Postcards.com. Unlicensed or misuse of any copyrighted material is strictly prohibited. Postcards.com is not liable for any illegal use of copyrighted material by its clients.
Postcards.com and other marks indicated on the our website are trademarks of Postcards.com in the United States and other countries. The postcard designs, button icons, logos, graphics, headers and names of products contained on our website site are trademarks or trade dress of Postcards.com. These trademarks or trade dress may not be used in connection with any product or service other than products or services of Postcards.com, in order to prevent confusion among customers or potential customers.
You agree to indemnify and hold harmless Postcards.com, its subsidiaries, affiliates, officers, agents, business partners or employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any breach of any of these Terms and Conditions.
All submissions are subject to all relevant local, state, national, and international laws regarding Internet use, intellectual property rights and other matters. You agree not to use our site to send, post, upload or otherwise transmit any unlawful, offensive, threatening or obscene Content. You agree that we have the right to refuse to print any material that violates any applicable state or federal laws. Additionally, you concede our right to disclose content or information obtained from you if required by law or to protect the rights, personal safety or property of Postcards.com, our customers or the general public.
When you or your agent orders a print item under your account, you grant Postcards.com the license to access and store your digital files for use in processing orders. We reserve the right to establish, without notice, the length of time that your files will be stored by us. You agree that we have no responsibility or liability for the deletion or failure to store any Content transmitted to our Site.
You must open a registered account at Postcards.com to order products or services. All transactions under your account or password are your sole responsibility. We reserve the right to refuse service, terminate accounts, edit content, and cancel orders in its sole discretion.
Use of Graphics
The graphics available in the Postcards.com design software are the property of Postcards.com or the copyright protected property of parties from whom Postcards.com has licensed such property. It is strictly prohibited to reproduce or otherwise use these images except, on products purchased from Postcards.com.
Use of Design Software
Postcards.com assumes no responsibility for any consequence arising from inappropriate uses of our design software for creating postcards or processing mailing lists.
We agree to provide a digital proof to display layouts, text accuracy and placement of images, but not color. We make our best effort to match densities of each color, however Postcards.com accepts no liability for color variations between your submitted images and the printed product.
You are entirely responsible for the content of your postcard, so please review your proof carefully for errors in spelling, graphics, content or layout. Further, you are 100% responsible for complying with current postal regulations for mailing postcards. These regulations can be provided by your post office.
Postcards.com is not responsible for mail that is lost or not delivered. Once your mail has been accepted by the U.S. Postal Service, our responsibility ends and we are not liable for any loss of revenue, business or damages. The U.S. Postal Services offers no tracking service.
We agree not to use, rent or sell your mailing list for any purpose other than your mailing. We reserve the right to establish, without notice, the length of time that your mailing list will be stored by us. You agree that we have no responsibility or liability for the deletion or failure to store your mailing list. It is suggested that you keep both digital and hard copies of any mailing lists that you submit to Postcards.com as a safeguard.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to receive electronic communications from us regarding your orders of postcards and mailing services. We may communicate with you by posting notices on our website or via e-mail.
The use of Coupons offered by Postcards.com may be subject to limitations, any and all of which you agree to and accept. If there is a conflict between the validity of one or more coupons, Postcards.com reserves the right to resolve the conflict at its sole discretion. Coupons are subject to validation on the check out page of the Postcards.com site.
Postcards.com offers a money-back guarantee to first-time customers who are unsatisfied with their order. We will provide a full refund of the purchase price, not including shipping and handling. The guarantee applies to orders with a subtotal less than $100.00.
To return postcards and receive a refund, customers go to "Order History" and request an "RMA#." Once the RMA # is issued, you must ship the products back to Postcards.com. When we receive the returned merchandise we will issue your refund. We will not refund any shipping and handling charges.
Storage and Use
Postcards.com reserves the right to establish, without notice, the time period that we keep any of your uploaded content, including mailing lists and designs. You agree that Postcards.com is not liable or responsible for the deletion or failure to store your postcard designs or any other content.
Licenses and Site Access
Postcards dot com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Postcards.com. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Postcards.com so long as the link does not portray Postcards.com, its affiliates, or any of their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Postcards.com logo or other proprietary graphic or trademark as part of the link without express written permission from Postcards.com.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Postcards.com. You may not use any meta tags or any other "hidden text" utilizing Postcards.com’s name or trademarks (or any confusingly similar marks) without the express written consent of Postcards.com. Any unauthorized use terminates the permission or license granted by Postcards.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Postcards.com without express written consent of Postcards.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
POSTCARDS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POSTCARDS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM POSTCARDS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POSTCARDS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
You agree that the laws of the State of California, regardless of any laws on choice of law or conflicts of laws of any jurisdiction, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Postcards.com or its affiliates.
Any dispute with Postcards.com concerning all products and services provided to you by Postcards.com shall be sent to confidential arbitration in Los Angeles County, California, except that, to the extent you have in any manner violated or threatened to violate Postcards.com's intellectual property rights, Postcards.com may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts and waive any objections thereto. 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. 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.
Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.