Postcards Terms & Conditions
Terms and Conditions (or TOC's) are always boring to read. But they are really important for both of us! We encourage you to read this TOC completely and thoroughly before proceeding. By accessing our Site (www.postcardsapp.com and associated apps), you agree to be bound by these Terms and Conditions, so it is to your advantage to read it. If you read these Terms and Conditions and do not agree with them, please do not use our Site.
Who Are We?
Postcards is a product that's designed to make it easy to send photos, videos and short messages to people who find computers tricky or hard to use. While you can send photos, videos and messages from any internet connected computer, smartphone or similar digital device capable of running our App or accessing our Site, THE RECIPIENT MUST HAVE AND USE AN APPLE IPAD.
Your Account & Your Privacy
Accounts at Postcards are currently free. By creating an Account, you promise that you have the legal ability to enter into an agreement with us and be bound by these Terms. Accounts are non-transferable.
Postcards keeps all of your personal account information, including names, email addresses, messages, images and other similar data on its servers. In cases where we request billing information, that data is not kept by us, but stored with a third party vendor under PCI compliance guidelines.
Of course, the privacy of your Account and other personal and financial information is very important to us. When you create an account, you will be required to submit an email address and password, and to provide contact and other similar information. Please know that we do not share that information with any other persons or entities.
You also cannot use Postcards or your Account to do anything illegal. This means that using the Site in any way which violates the laws of your country, Canada (our country), or international law is strictly prohibited, and, among other remedies available to us, will be considered a violation of these Terms. That also means that you agree that you will not knowingly select or use the email address of another person or impersonate another party, use an email address subject to the rights of any other party without authorization, or use an email address that Postcards, in its sole discretion, deems inappropriate or offensive.
You are entirely responsible for the accuracy of your information as well as keeping it up-to-date. You are also responsible for maintaining the confidentiality of your password and contact/account information. Failure to do any of these things will constitute a breach of these Terms and Postcards reserves the right to terminate your Account. You also agree to immediately notify Postcards of any unauthorized use of your Account or any other breach of security you become aware of, including but not limited to theft or unauthorized disclosure of your password. Finally, you agree that you will be liable for any activity performed by anyone using the Site with your Account.
Postcards reserves the right to terminate or to suspend access to your Account at any time. We know that sounds harsh, but sometimes it has to be done. Reasons may include, but are not limited to, your breach of any of these Terms, if we are unable to verify any information you provide to Postcards, and/or if we believe that your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for Postcards, Account holders, or any other party.
Our Site Content
As you might expect, we have to protect the content on our Site so that others cannot steal it from us or use it without our permission. All of the content, organization, graphics, design, compilation, and other matters related to our Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited. In addition, the entire Site is protected as a collective work under the laws of Canada, and other copyright laws. You do not acquire ownership rights to any content or other materials viewed through the Site.
When using our Site, we have a few rules regarding your content that must be followed. First, you agree that any and all content that you send on our Site is owned by you and/or that you are legally permitted to use it. You also agree not to use Postcards for commercial use without permission, or to disseminate fraudulent goods, services, schemes or promotions (such as make money fast schemes, chain letters, and/or pyramid schemes) or to engage in any illegal, unfair or deceptive acts or practices. You also agree not to do any of the following: act in any manner that is defamatory, libelous, slanderous, threatening or harassing; act in a manner that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; provide false, inaccurate or misleading information; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
In other words, be nice!
The legal stuff
Use of the terms "we" and "us" in these Terms refers to our company, Ontario Web Design, Inc., and/or our Site. The terms "Site" or "Postcards" refers to our website located at www.postcardsapp.com and all other websites owned by or affiliated with us.
You shall indemnify, defend and hold Postcards, its affiliates, licensors, Account holders, Site users, and each of their owners, directors, officers, employees, agents and representatives (the "Indemnitees") harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys' fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence, illegal conduct or willful misconduct; (iii) your submission of content; or (iv) your use or misuse of this Site.
THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." POSTCARDS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DOES POSTCARDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL POSTCARDS, ITS AFFILIATES AND/OR ANY ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS OR OTHER CONTRACT, TORT CLAIMS AND/OR STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF POSTCARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between POSTCARDS and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.
If you are an agency or instrumentality of the United States Government, any software and documentation included in or used for the Site are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.
Postcards reserves the right and has absolute discretion to enforce the Terms. Postcards may, in its sole discretion, immediately terminate or suspend your Account and/or access to this Site, if it determines that your services, offerings or activities violate these Terms. Without limitation, Postcards also reserves the right to report any activity (including the disclosure of appropriate data or Account information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Postcards also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
Postcards reserves any and all rights not expressly granted or claimed herein.
These Terms are governed by and construed in accordance with the laws of the Ontario, Canada, without regard to its principles of conflicts of law. It shall not be governed by the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded. Any dispute arising in connection with these Terms that cannot be settled by negotiation between you and Postcards or their representatives may be submitted at our sole discretion to binding arbitration to be held in Ontario, Canada, in accordance with the rules of the Canadian Arbitration Association. You agree to submit to the exclusive jurisdiction of any court located in Ontario, Canada, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Nothing herein shall prevent Postcards from seeking equitable relief in a court of competent jurisdiction. Postcards and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created.
If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected.
Any heading contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
Questions or Comments
If you have any questions or comments regarding these Terms, please contact us.