SnapShot Postcard Apps User Agreement
This agreement describes the terms on which you may access and any of the SnapShot Postcard apps (aka SnapShot Postcard), a family of solutions owned and managed by SnapShot Postcard, LLC. In order to use SnapShot Postcard, you must read and accept all of the terms and conditions of this agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on our website (www.snapshotpostcard.com). Your continued use of SnapShot Postcard indicates your acceptance of the amended User Agreement.
SnapShot Postcard is not available to minors under the age of 18 or to any users suspended or removed from the system by SnapShot Postcard, LLC for any reason.
Use of Service
You are responsible for any SnapShot Postcard application order made from your iPhone. You agree to immediately notify SnapShot Postcard, LLC of any unauthorized use of your iPhone or account or any other breach of security. SnapShot Postcard, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that SnapShot Postcard, LLC may, with or without cause, immediately terminate your SnapShot Postcard account and access to the SnapShot Postcard service without prior notice. Without limiting the foregoing, the following will lead to a termination of a subscriber’s SnapShot Postcard account: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your SnapShot Postcard account includes removal of access to all offerings within the SnapShot Postcard Service and may also bar you from further use of the SnapShot Postcard Service. Furthermore, you agree that all terminations shall be made in SnapShot Postcard LLC’s sole discretion and that SnapShot Postcard LLC shall not be liable to you nor any third-party for any termination of your account or access.
User Conduct and Content
All images, text, and addresses (Content) you upload, enter or create using SnapShot Postcard is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content and mailing of your postcards.
You understand and agree not to use SnapShot Postcard to:
- Initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable as solely determined by SnapShot Postcard, LLC.
- Use the SnapShot Postcard Service for any illegal purpose, including but not limited to conspiring to violate laws.
- Infringe on 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 or communicate via the SnapShot Postcard Service.
- Interfere with or disrupt the SnapShot Postcard Service or servers or networks connected to the SnapShot Postcard Service, or disobey any requirements, procedures, policies or regulations of networks connected to the SnapShot Postcard Service.
SnapShot Postcard is a passive conduit for your design, creation, printing, and mailing of your Content, in reliance on your representations and warranties in this User Agreement. We will not routinely screen or review your Content before printing and mailing postcards. We cannot nor do we try to control the Content of postcards created by SnapShot Postcard. You are solely responsible for and assume all liability arising from all postcards that you or any other person using your account print and mail using SnapShot Postcard. If a third party notifies us of a problem postcard, or if we become aware of a problem postcard created by you, we may review the postcard and take any action with respect to the postcard that we deem necessary, including, but not limited to, refusing to mail the postcard. The fact that we review a postcard and allow the postcard to be mailed does not mean that: (1) we approve or endorse the content of the postcard, (2) the postcard complies with all applicable laws, or (3) you will not incur any liability or harm arising from the postcard.
If we do deem it necessary to refuse to mail your postcard we are under no obligation to refund your monies or credits.
SnapShot Postcard Communications
In the course of providing you services, SnapShot Postcard may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the SnapShot Postcard Service.
SnapShot Postcard, LLC does not claim ownership of Content you submit via SnapShot Postcard. However, you agree to grant SnapShot Postcard, LLC worldwide, royalty-free and non-exclusive license(s) on such Content to use, distribute, reproduce, modify, adapt, or publically display for the purposes of promoting SnapShot Postcard, SnapShot Postcard, LLC, or as part of an online user community.
Fees and Credits
Postcards you send will result in credits being deducted from your account. Credits may come included with your purchase of the application and you may purchase additional credits at your convenience. See the SnapShot Postcard website (www.SnapShotPostcard.com) for purchasing details and pricing.
Credits are valid for one (1) year after purchase. Any credit in your account that was purchased more than one year ago may be deemed expired (no longer valid) and removed from your account. As you use your credits, oldest credits are automatically applied first to minimize any potential credit expiration in your account.
All charges will be in US currency unless otherwise specified by SnapShot Postcard, LLC.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless SnapShot Postcard, LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the SnapShot Postcard Service; ii) unauthorized access to or alteration of your data or images with or through the SnapShot Postcard Service, iii) damage caused to the postcard by the mailing service or iv) any other matter relating to the SnapShot Postcard Service. Any business transactions which may arise from the use of the SnapShot Postcard service are the sole responsibility of the individuals involved.
You understand and agree that SnapShot Postcard, LLC may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of SnapShot Postcard, LLC, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SNAPSHOT POSTCARD SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SNAPSHOT POSTCARD, LLC DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER MAIL DELIVERY. SNAPSHOT POSTCARD, LLC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY ADDRESS DATA USED BY THE USER. SNAPSHOT POSTCARD, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SNAPSHOT POSTCARD, LLC MAKES NO WARRANTY (i) THE SNAPSHOT POSTCARD SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SNAPSHOT POSTCARD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ON THE QUALITY OF THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SNAPSHOT POSTCARD SERVICE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SNAPSHOT POSTCARD SERVICE OR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAPSHOT POSTCARD, LLC OR THROUGH OR FROM THE SNAPSHOT POSTCARD SERVICE OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The User Agreement constitutes the entire agreement between you and SnapShot Postcard, LLC and governs your use of the SnapShot Postcard Service, superseding any prior agreements between us.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNAPSHOT POSTCARD, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNAPSHOT POSTCARD, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SNAPSHOT POSTCARD, LLC’s TOTAL CUMULATIVE DAMAGES EXCEED US$ 500.
The User Agreement between you and SnapShot Postcard, LLC Corporation will be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of laws principles. You agree that you will arbitrate any dispute you may have under this User Agreement or with SnapShot Postcard, LLC in Boise, Idaho, and that any such arbitration will be conducted pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association.
SnapShot Postcard, SnapShot Greeting Card, the associated SnapShot logos, and other SnapShot Postcard, LLC’s logos and names are trademarks of SnapShot Postcard, LLC. You agree not to display or use these trademarks in any manner without SnapShot Postcard, LLC’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
SnapShot Postcard, LLC
Attn: User Agreement Issues
PO Box 140634
Boise, ID 83714