Terms Of Service
Postcard on the Run LLC is based in Los Angeles, CA. You may contact us at firstname.lastname@example.org with any questions, complaints, or claims. By visiting the Website or using the Application, you agree to be bound by this TOU, as well as all applicable laws and regulations. If you do not agree to be bound, do not access or use the Services. By accessing, registering, or using any part of the Services, you agree that you have read, understand, and agree to this TOU.
As discussed further below, we reserve the right, at our sole discretion, to suspend or terminate your right to use the Services, for any reason or no reason at all.
Your Use of the Services
The Services may only be used by individuals who can form legally binding contracts under applicable law. No person under the age of 18 may use the Services, unless under supervision of a parent or guardian. Notwithstanding the previous sentence, no person under the age of 13 may use the Services. Your use of the Website will be deemed to be a representation that you are (or are between the ages of 13 and 18 and under the supervision of a parent or guardian) 18 years of age or older. You warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. License to Use the Application Subject to your compliance with this TOU, you are hereby granted a limited, non-exclusive, non-transferable license to use the Application on any Supported Device that you own or control for your personal use for the purposes for which the Services are intended. Such license does not grant any right to obtain future upgrades, updates or supplements of the Application.
If upgrades, updates or supplements of the Application are obtained, however, the use of such upgrades, updates or supplements is governed by this TOU and any amendments to it unless other terms accompany the upgrades, updates or supplements, in which case those terms apply. You are further granted a limited, non-exclusive, non-transferable license to copy, distribute, and transmit the content of the Website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the websites for your personal use. You may download or electronically copy and print a copy of the information displayed on the Services for your personal use and no rights to those materials are transferred to you by such copying. Supported Device means any device for which the Application is intended for use, as indicated on the Website. Your use of the Application on a Supported Device may be restricted by usage rules for that particular device, for example, if you use the Application on an iPhone, iPod touch, or iPad, your use is limited by the Usage Rules set forth in the App Store Terms of Service. If you use the Application on any other device, your use is limited by the Usage Rules set forth in that devices respective app store.
This is the grant of a license, not a transfer of title, and under this license you may not use the Services for any “Unauthorized Use”, as described below. This TOU and all of your rights and obligations under it are not assignable or transferable by you without our prior written content. If you assign the Services, your rights under this TOU will terminate immediately and you may not retain the original or any copies of the Services. We may freely assign or transfer this TOU or any of its rights or obligations under it.
This license will automatically terminate if you violate the TOU and may be terminated by Postcard On The Run at any time. Compliance with the TOU and Applicable Law You must comply with all of the terms and conditions of this TOU, any applicable rules, regulations, and policies we communicate to you from time to time, for example in connection with a promotion, and all applicable laws, regulations and rules.
Requirements for Use
Use of the Services requires compatible devices and Internet access and may require certain additional software and periodic updates; the Services may be affected by the performance of these factors. The latest version of the Application is recommended and may be required for certain transactions or features. You agree that these requirements, which may change from time to time, are your responsibility.
We have no obligation to maintain or support the Services. We may, without further notice to you, periodically access your software remotely to update, modify, add to or upgrade the software. In rare instances, such updates, modifications, additions or upgrades may cause data loss or other issues. You are solely responsible for regularly backing up any data stored to prevent this from occurring. No other entity has any obligation whatsoever to furnish any maintenance and support services with respect to the Services. Your Responsibilities Regarding Uploading Content and Addresses Each user is solely responsible for the postcards created with their account. You are not permitted to transmit images or language that would violate rights of others or which violates the policies and regulations of the U.S. Mail or the mail system of any country that handles your postcard. You must maintain the security of the device that runs the Application and realize that anyone who uses your device will be able to operate the Application and possibly charge more credits to the account owner.
Postcard On The Run does not routinely preview or screen images submitted to Postcard On The Run for printing. Images provided by the user to be printed on a postcard are the responsibility of the user; you represent and warrant that you own all rights to the images submitted to Postcard On The Run, and that these images will not infringe any copyright or right of privacy, violate any law or interfere with the rights of any third party. You warrant and represent that you have permission of the subjects of the photos you upload to the Application.
It is your sole responsibility to ascertain whether or not your image will application in a satisfactory manner when printed in the landscape format at a size of 4.25 x 6 inches. Each user is solely responsible for the submission of the correct address for each postcard that they create and have Postcard On The Run mail. If a user instructs Postcard On The Run to send a postcard to the wrong address or an address that can't receive a postcard then it is the sole responsibility of the user and no refund or compensation will be provided to the user. If you are dissatisfied with any portion of the Services or with any of these TOU, your sole and exclusive remedy is to discontinue using the Services. Unauthorized Use Use of the Services for any illegal purpose, or any other purpose not expressly permitted above is strictly prohibited. Any other use is prohibited.
Without limitation, you may not: (a) (except as expressly permitted by this TOU) copy, reproduce, distribute, display, or transmit the content of the Application or Website, unless we authorize you in writing, (b) sub-license, lend, lease, rent, sell, redistribute or otherwise make the Services available to any third party (on the Internet or tangible media, by broadcast or in any other manner), (c) use the Services commercially, (d) modify, adapt or translate any part of the Services, (e) reverse engineer, decompile, create derivative works of, modify, disrupt, otherwise tamper or disassemble the technology used to provide the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services) or otherwise attempt to obtain source code, (f) bypass, modify, defeat, reverse-engineer, decompile, disassemble, tamper with or circumvent any of the security features of the Services, including altering any digital rights management functionality of the Services, (g) remove or alter any copyright, trademark or other proprietary notice contained in the Services, (h) interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (i) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (j) attempt to obtain unauthorized access to the Services; (k) collect, manually or through an automatic process, information about other users or the Services generally; and the license we grant to you does not include the right to collect or use this information; (l) submit false or misleading information to us or post material that infringes on a third party’s intellectual property; (m) engage in any activity that interferes with any third party’s ability to use or enjoy, or our ability to provide, the Services; (n) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation, or (o) assist or encourage any third party in engaging in any activity restricted by this TOU. If you breach these restrictions, you may be subject to prosecution and damages.
Your Representations and Warranties
You represent and warrant that the material you upload, transmit, or otherwise distribute through the Services: (i) does not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, (ii) does not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors, (iii) is not libelous, defamatory, obscene, pornographic, abusive, or threatening; (iv) does not advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; and (v) does not advertise or otherwise solicits funds.
You further represent and warrant to us that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of the material you upload; (ii) Postcard on the Run will not be required to make any payments to any third party in connection with its use of your uploaded content, except for the expenses that we incur in providing the Services; (iii) the use of any instructions, formulae, recommendations, or the like contained in your content will not cause injury to any third party; and (iv) your content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware. Registration There is no need to register in order to use the Website, however, you must register in order to use the Application and send postcards. Application accounts are associated with your device, user name, and email id. Each account and the postcards created by them are the sole responsibility of the account owner and authorized users. You must immediately notify us if you become aware of unauthorized use of your account information, but we shall not be liable for any costs or damages incurred by someone else’s unauthorized use of your information.
Registration via Third Party Tools
When using the Services, you may choose to register on the site via third party tools and interfaces. You are subject to their terms. We assume no obligation and make no warranties regarding the functionality or features of such third-party tools and interfaces.
Pricing Pricing is based on: (1) the number of postcards being sent and (2) the destination of the delivered postcard. Incentives and discounts may be offered to you from time to time by way of application updates, emails, postcard, or newsletters, and you will be subject to each promotion’s applicable rules. We reserve the right to change the pricing at any time. All transactions are processed and verified by our third-party service providers in real time. Postcard on the Run does not store your credit card information. The information is in the sole control of such third-parties and subject to their terms and procedures. You will solely be responsible for all taxes and other charges arising from, relating to or connected with your use of the Services. We will have the right to charge you for any taxes that we are required to pay or in fact collect.
Intellectual Property and Trademarks
Our Content All material and content contained on the Website and Application, including but not limited to text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content, are the property of Postcard On The Run or its members, unless indicated otherwise, and are protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to Postcard On The Run. No material from the Website or Application may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download material available for your personal, noncommercial use only, provided that (i) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices and(ii) you make no modifications to the materials. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on this Website. You acknowledge that you do not acquire any ownership rights by downloading material from this Website. You may request permission by emailing info@PostCardOnTheRun.com. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this TOU or otherwise.
You will retain ownership to any content that you submit to the Services. By posting, storing, uploading, or transmitting any content on or through the Services, you grant Postcard on the Run, its partners, its advertisers and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license under all intellectual property or other proprietary rights whatsoever (e.g., copyright, trademark, privacy, and publicity) to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created to promote our Website, Application and Services generally, and to provide our Website, Application and Services to you. We have no duty to use your content and may remove it at any time for any reason. You will not be compensated for our use of this content. You agree that we may publish or otherwise disclose your name in connection with your content. By posting content, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and grant Postcard on the Run the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. If Postcard on the Run, its partners, advertisers or affiliates publishes, shares, displays or otherwise uses your content, you are not entitled to any compensation whatsoever.
When accessing the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the websites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Services, such as your suggestions regarding improvements that we make to the Services (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. Intellectual Property Infringement We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you believe that a user has infringed your intellectual property rights, you may file a notice under our Intellectual Property Policy. In the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Postcard on the Run, not Apple or the manufacturer of any Supported Device, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Links and Third-Party Products
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POSTCARD ON THE RUN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION, WEBSITES, OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE OR APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE DO NOT REPRESENT OR WARRANT THAT YOUR POSTCARDS WILL BE DELIVERED WITHIN A CERTAIN AMOUNT OF TIME, OR THAT YOUR POSTCARDS WILL BE MAILED TO THE CORRECT ADDRESS, WHETHER DUE TO YOUR ERROR, OUR ERROR, OR THE POSTAL SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POSTCARD ON THE RUN OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the effect that this disclaimer of warranty is ineffective, and if the Application fails to conform with any applicable warranty, you may, if using an Apple device, notify Apple , and Apple will refund the purchase price of the Postcard On The Run application; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Postcard On The Run’s sole responsibility. Disclaimer of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR MAXIMUM, AGGREGATE LIABILITY EXCEED $50.
APPLICABLE LAW MAY NOT ALLOW LIMITATION OF CONSEQUENTIAL DAMAGES ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. If you are using the Application on an Apple Supported Device, Apple shall not be responsible for addressing any of your claims or any third party claims relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Indemnity If Postcard On The Run suffers any loss or damage or incurs any costs in connection with any breach of this TOU or any other legal obligation incurred due to your acts or negligence, then you agree to indemnify Postcard On The Run for those losses, damages and costs. You agree to indemnify, defend and hold harmless Postcard On The Run, its officers, directors, employees, agents, licensors and suppliers, from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses) arising from or relating to (i) your use of the Services and/or any material or content you submit, download, post or transmit through the Services; (ii) your breach of this TOU or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of the claim, demand, or action your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim, demand, or action without our express written consent. This obligation survives the termination of this TOU.
We may deny you access to all or part of the Services at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole discretion, violate this TOU, our rights or the rights of any third party ) or no reason at all. The provisions relating to Intellectual Property; Disclaimer; Limitation of Liability; Indemnification; Unauthorized Use; Your Representations and Warranties; Term; Termination; and Miscellaneous, shall in all events survive any termination of this TOU. For purposes of clarity, the survival of the provision on Unauthorized Use and Your Representations and Warranties means that even if your account is terminated, if you breached those provisions while using the Services, we have the right to sue you for damages or injunctive relief. If this TOU is terminated, you must (a) cease all use of the Services and (b) delete all copies of the Application from the hardware on which it has been installed. Miscellaneous Notice We may deliver notice to you by means of e-mail, a general notice on the Websites, or by other reliable method. If you give notice to us, you must use the address listed above.
We will not be liable for failing to perform under this TOU by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war. Export Restrictions You acknowledge that Postcard on the Run is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not export or re-export the Services, directly or indirectly, to any countries that are subject to U.S. export restrictions or otherwise in violation of applicable law. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by law. Government End Users The Services contain “commercial computer software” or “commercial computer software documentation” as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to Postcard on the Run are limited by this TOU pursuant to FAR §§ 12.212 (Computer software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, the Services are being licensed to the U.S. Government end users: (a) only as “Commercial Items” as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (b) with only those limited rights as are granted to the public pursuant to this TOU. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this TOU.
Governing Law; Class-Action Waiver; Arbitration; Jurisdiction Your use of Services is governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions. By agreeing to this TOU, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this TOU must be asserted individually. If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties and shall be arbitrated in Los Angeles County, California. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Waiver; Time for Commencement of Action
Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Third Party Beneficiary
If you use the Services on an Apple Supported Device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOU, and that, upon your acceptance of the terms and conditions of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce the TOU against you as a third party beneficiary thereof.
Entire Agreement; Assignment; Severability
This TOU, including, without limitation, the other policies referenced herein, constitute the entire agreement between you and Postcard on the Run with regard to your use of Services, and supersedes and replaces any and all prior and contemporaneous agreements between you and us with respect to the Services. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this TOU to any party at any time without notice to you. If any provision of this TOU is held to be invalid, illegal or unenforceable under applicable law, including, but not limited to, any limitation of liability, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The affected clause will be interpreted in such a manner as to render it enforceable while attempting to closely approximate the intent and the economic effect of the affected clause.