Postcart Terms of ServiceLast revised September 28, 2017
1. ELIGIBILITY REQUIREMENTS; ABILITY TO ACCEPT TERMS OF SERVICE
a. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Your membership may be terminated, without warning, if we believe that you are under 18 years of age. Furthermore, you represent that you are not barred from receiving the Services due to laws in your jurisdiction or third party contracts or obligations. Services are void where prohibited by law.
b. To use our Services you must complete a registration process to establish a Postcart Account (the “Account”). We may request multiple pieces of information from you to establish an Account including but not limited to: your legal name, your current mailing address, your current phone number and a valid email address. You represent that the information you provide to Postcart is truthful, accurate and complete and you agree to keep this information current. We may refuse to grant you an Account or terminate your Account at our discretion at any time and for any reason.
2. ACCOUNT CREATION AND THIRD PARTY SERVICES
a. During the process of creating your Account you will be asked to connect your Account to one or more third party social media services (for example Instagram, Facebook, Twitter, etc.) (collectively “Social Media Services”). You agree that the Social Media Services you connect to your Account have been established by you and you have the right to link the Social Media Services to our Service. You agree the relationship between you and the Social Media Services is exclusive and unique to you and is in no way associated with Postcart.
b. During the process of creating your Account you will be asked to connect your Account to one or more third party payment gateways including, but not limited to, gateways owned by PayPal Incorporated and Stripe Incorporated (collectively, “Payment Providers”). You agree that it is your sole responsibility to activate, manage and if necessary terminate your relationship with these Payment Providers. You agree the relationship between you and the Payment Providers is exclusive and unique to you and is in no way associated with Postcart.
c. We may refuse to grant you, and you agree not to utilize on the Service, a User Name or Store Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion.
d. During the use of the Services there may be links to and/or communication from third party websites, tools or content (collectively “Third Party Services”). Postcart does not control and of these Third Party Services. By use of the Services you agree that Postcart is not responsible or liable for any Third Party Services that you may interact with on the Services. YOUR INTERACTIONS AND BUSINESS DEALINGS WITH THIRD PARTY SERVICES FOUND THROUGH POSTCART ARE SOLELY BETWEEN YOU AND THE THIRD PARTY SERVICE.
3. GENERAL CONDITIONS FOR USE OF THE SERVICES
a. You are solely responsible for maintaining the confidentiality of the email and password you use to establish your Account. We are not liable for any loss or damage resulting from you failing to maintain the confidentiality your password.
b. You are responsible for all data uploaded to your Account including without limitation, text, images, audio and video (the “Content”). You represent and warrant that you own, or are licensed to use, any Content you upload to the Service. Furthermore you represent and warrant that use of your Content does not infringe on the intellectual property rights of others including but not limited to: rights of publicity, trademarks, copyrights, or privacy rights.
c. You are responsible for all goods and services posted to and offered via your Account (the “Items”). You represent and warrant that you own, or are licensed to offer, any Items you upload to the Service. Furthermore you represent and warrant that use of your Items does not infringe on the intellectual property rights of others including but not limited to: rights of publicity, trademarks, copyrights, or privacy rights. Additionally, you represent and warrant that you will not offer or display items which are illegal in the jurisdiction where you operate or conduct business.
d. You agree that Postcart is not responsible for the conduct of any User of the Services. Any disputes between you and another User of the Service are between you and that user and you, not Postcart, are responsible for resolutions.
e. Postcart reserves the right but not the obligation to record, review, and archive transactions you conduct via the Services.
f. You agree to not interrupt, disrupt, or interfere with the operation of Postcart and its related Services. Such interruptions, disruptions, and interference can include but are not limited to: browser code injection, use of private Postcart APIs (ie APIs utilized by Postcart that are not exposed to the general public via a published, public, licensed API), spyware, malware, phishing, worms, or ransomware.
g. You agree not to scrape the contents of the site via any means including but not limited to scripts, bots, and spiders.
h. You agree to not create accounts via automated methods and you agree to not create multiple accounts unless you have received express written permission for multiple accounts from Postcart.
j. You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all computer hardware, wireless devices, Internet access services, text and data services and other equipment or services needed to access and use the Services. You shall provide all equipment and software necessary to connect to the Services. You shall ensure that your equipment and/or software necessary to access and use the Services does not disturb or interfere with Postcart’s operations. If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Postcart, any new or additional features of the Services, including the release of new products and Services, shall be subject to these Terms of Service.
4. POSTCART RIGHTS
a. Postcart may, at its sole discretion, modify, suspend, or terminate the Services at any time, without any notice.
b. Postcart may, at its sole discretion, refuse service to any User, suspend or terminate any User and/or Account at any time for any reason, including but not limited Users who violate our Prohibited Use policy.
c. Postcart may, at its sole discretion, transfer the ownership of an Account if we determine that the User who created the Account does not have rights to the Content and/or Items posted to the Account. If we are unable to determine rights ownership Postcart may suspend the Account in question until it is able to determine ownership rights.
5. POSTCART ACCEPTABLE USE POLICY
a. Postcart does not allow the posting of certain types of Content and Items within the Services. The following is a list of unacceptable Content and Items. This list of prohibited Content and Items may be updated from time to time at the sole discretion of Postcart:
i. Content and/or Items that are not owned by you and infringe on the intellectual property rights of others.
ii. Content and/or Items that are considered by Postcart to be hateful including Content that condones violence against someone because of their race, ethnicity, sexual orientation, religion, gender, age, disability, or other reason.
iii. Content and/or Items that offer goods or services that are illegal in the jurisdiction where you operate or conduct business.
iv. Content and/or Items that contains the personal and confidential information of others.
v. Content and/or Items that Postcart considers to be spam.
vi. Content and/ or Items that are or contain pornography or mature content, including content that Postcart deems to be violent in nature.
vii. Content and/or Items containing firearms or items which are accessories to firearms, weapons or hazardous goods.
viii. Content and/or Items that are animals, animal remains or human remains.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
THE SERVICES OFFERED BY POSTCART ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, POSTCART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, POSTCART DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE SERVICES OR INFORMATION TRANSMITTED VIA THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE SERVICES, INFORMATION TRANSMITTED VIA THE SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, POSTCART MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Without limiting the foregoing, Postcart is not responsible for any damage to any User's equipment, computer, software, or wireless device due to using the Services or downloading of any software or information necessary to use the Services. There is no express or implied guaranteed service level for Postcart, and the Services may be interrupted from time to time, and may not always be virus or error-free. Under no circumstances will Postcart be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Services.
Some state laws do not allow limitations on certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
7. INTELLECTUAL PROPERTY RIGHTS
a. Content published by Postcart, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Postcart, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on Postcart is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Postcart reserves all rights not expressly granted in and to the Site and Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Postcart or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Postcart or the Content therein.
b. Postcart does not claim rights to Content and/or Items you upload to the Services and you may remove any Content and/or Items at any time via Account management tools provided by Postcart or by deleting your Account.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all information that you provide to us accurate and current. You are responsible for all your activity in connection with the Services.
c. You agree to not utilize a User Name or Store Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive or may cause confusion
d. You agree not to upload Content or offer Items that impersonate someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion. Additionally, you agree to not post Content and/or Items that violate our Prohibited Use policy.
e. You agree to allow other Users to view Content posted to your Postcart Account and you grant Postcart a non-exclusive, royalty free, fully paid, transferable, sublicensable, worldwide right to use the Store Name, User Name, Content, trademarks, service marks, logos, photos, text descriptions and anything else you upload to your Account.
f. You agree to not change, modify, adapt or alter the Services or change, modify, adapt or alter another internet site, mobile application or any other item or service to falsely imply that it is associated with the Services or Postcart.
8. PAYMENTS TO POSTCART, ACCOUNT CANCELLATION
a. You agree to pay all fees due to Postcart. These fees will vary depending on the type of Account you possess and will include one of the following: a monthly fee for your use of the Services, a yearly fee for your use of the Services (collectively “Subscription Fees”) and/or a per transaction fee for use of the Services (a “Transaction Fee”). These fees are in addition to fees that may be charged by Payment Providers you have authenticated for use with your Account.
b. You agree to keep a valid credit card on file with the Services to allow Postcart to charge Subscription Fees and/or Transaction Fees. All charges from Postcart will be denominated in U.S. Dollars.
c. You have the ability to cancel any recurring charges at any time by logging into your Account, navigating to Settings > Billing and choosing “Cancel Plan”. Postcart does not offer full or prorated refunds for payments made to Postcart. If you wish to delete your Account first cancel your plan as described above, then send an email to email@example.com with your deletion request. The email must originate from the email account used to establish your Postcart Account. Once this request is processed you will no longer have access to any Content you uploaded to Postcart and you will not have the ability to access your Account. Upon cancellation, all licenses and other rights granted to you in these Terms of Service will immediately cease.
9. YOUR INDEMNIFICATION OF POSTCART
10. INJUNCTIVE RELIEF
11. GOVERNING LAW, VENUE AND JURISDICTION; ARBITRATION
a. Users may only access those portions of the Site specifically made available to Users. Under no circumstances are Users permitted to use or attempt to use the Site or any portion thereof to violate its security or the security of systems accessible through it.
13. DMCA AND COPYRIGHT INFRINGEMENT NOTICES
a. It is Postcart's policy to respond expeditiously to claims of intellectual property infringement. Postcart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. If you believe that a Postcart User is infringing on your intellectual property rights you may send notice detailing the infringement to:
ATTN: DMCA AGENT
1355 NW Everett St
Portland, OR 97209
Upon receiving notice we may disable or remove access to portions of the Services displaying disputed Content. Users will be provided with the option of replying to the takedown notice if they believe the complaint is invalid. The original complainant has 14 business days to provide a Court Order restraining the User from engaging in the infringing activity. If such an Order is not provided to Postcart we may restoring the Content that is the subject of the complaint.