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| Terms & Conditions |
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1. Introduction
Welcome to Usa-postage.com! Please read these Terms and Conditions
("Terms") carefully as they contain the legal terms and conditions that
you ("you") agree to when you access and use this website (the
"Website"), and/or purchase from Usa postage.com. By placing an order
you accept these Terms and you acknowledge these Terms constitute a
binding agreement between you and usa-postage.com. In addition, you
agree to faithfully comply with all rules and requirements that appear
during your order process on the Website. |
2. Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of
products are as set forth on the Website, and are incorporated into
these Terms by reference. All costs and fees are quoted in U.S. dollars.
We may in our sole discretion add, delete or change some or all of the
prices of our products and services at any time without notice. |
3. Content Restrictions for Custom Goods
You agree not to use the website or service:
A. To order for print, or otherwise transmit or communicate any
material for any unlawful purpose or that is obscene, offensive,
blasphemous, pornographic, sexually suggestive, deceptive, threatening,
menacing, abusive, harmful, an invasion of privacy, supportive of
unlawful action, defamatory, libelous, vulgar, violent, or otherwise
objectionable;
B. To order for print, or otherwise transmit or communicate any
material that depicts celebrities or celebrity likenesses, regional,
national or international leaders or politicians, current or former
world leaders, convicted criminals, newsworthy, notorious or infamous
images and individuals, or any material that is vintage in appearance or
depicts images from an older era;
C. To order for print, or otherwise transmit or communicate any
material that you do not have a right to transmit or communicate under
any contractual or fiduciary relationship or which infringes any
copyright, trademark, patent or other intellectual property right or any
moral right of any party;
D. To otherwise transmit any material which is likely to cause harm to
any usa-postage.com service or anyone else's computer systems, including
but not limited to that which contains any virus, code, worm, data or
other files or programs designed to damage or allow unauthorized access
to any usa-postage.com service or which may cause any defect, error,
malfunction or corruption to the service; and
E. To order for print, or otherwise transmit or communicate any
material that emulates any form of valid indicia or payment for postage.
You agree that if Usa-postage.com, in its sole discretion, determines
that any material you requested may not meet these content requirements,
usa-postage.com may reject your order without explanation.
Usa-postage.com reserves the right to charge a processing fee of $10.00
for each image, graphic or photograph that you submit as an order which
violates our content restrictions.
In addition, in the event you violate these Content Restrictions and you
intentionally publicize such violation, you acknowledge that
usa-postage.com will suffer substantial damage to its reputation and
goodwill and that you can be liable for causing such substantial damage. |
4. Suspension and Termination of Access
You agree that usa-postage.com may at any time without notice:
A. Refuse to accept your orders for service;
B. Move or suspend any part of the service; or
C. Refuse to fulfill any order, or any part of any order or terminate
your account and delete any content stored in your account if, in
Usa-postage.com's sole discretion, you fail to comply with any of these
Terms or if a competent regulatory authority requires Usa-postage.com to
do so.
usa-postage.com will not be liable to you or any third party for any
suspension or termination of your access to the Website or failure to
produce any product, except that Usa-postage.com will refund to you any
amounts paid by you for products not produced. |
5. Copyright
You are responsible for all of the images you submit to our site. You
must have the legal right to copy and display each image that you
upload, share or print. You should assume that all text, graphics and
images that you find on the World Wide Web are subject to a copyright.
In general, it is a violation of federal law to copy text, graphics or
images that are subject to a copyright and use the copyrighted material
on custom products created using this service without the consent of the
owner of the copyright. Before copying any text, graphics or images,
you must confirm that it is in the public domain and not subject to a
copyright or obtain the consent of the owner of the copyright to use the
material. You authorize usa-postage.com to cooperate with copyright
owners who claim that you have infringed or may infringe their
intellectual property rights. This cooperation includes, but is not
limited to taking the following action without notice: disclosing your
material and any other information you have disclosed to us to the
copyright owner or its agent and destroying all alleged infringing
material. Usa-postage.com may also suspend or terminate the account of a
customer who appears to be infringing Intellectual Property, and may
take further appropriate action. |
6. Age and Geographical Requirements
You must be at least 13 years of age to use this website. If you, your
parent, or guardian has any concerns please feel free to contact us. In
addition, Usa-postage.com only accepts orders that are shipped to
locations within the United States of America and its territories. |
7. Responsibility for Custom Products Creation and Use
You acknowledge and agree that neither Stamps.com nor any other party
connected with the license or manufacture of the custom products will be
involved in any way with the design of your order. You must evaluate
and bear all risks associated with the use of any of your content and
images with the custom product purchased. You are solely responsible for
and assume all liability arising from all custom products that you and
any other person create or use in connection with the Website. The fact
that we produce the custom product does not mean that: (1) we approve or
endorse the content of the custom product, (2) the custom product
complies with all applicable laws, or (3) you will not incur any
liability or harm arising from the custom product.
Furthermore, you agree to refrain from using the usa-postage.com
services, your customized products, or images of your customized
products in any manner that would cause damage to the public reputation
of usa-postage.com, its employees, shareholders, board members, or
partners. In the event that you use or publicly display your customized
products, including by display on the Internet, in order to
intentionally bring harm to usa-postage.com, its employees,
shareholders, board members or partners, Usa-postage.com reserves the
right to demand the immediate return of your customized products, to
invalidate the bar codes printed on PhotoStamps purchases, and to pursue
any and all further remedies available to usa-postage.com under the
law.
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8. Privacy
Usa-postage.com has a firm commitment to safeguarding your privacy. The
terms of Usa-postage.com's Privacy Policy are incorporated into, and
considered part of, these Terms. |
9. Compliance with Law
You agree that you will use the Website and any products ordered thereon
at all times in accordance with all applicable United States federal,
state and local laws, statutes, regulations, and ordinances and will not
take any action that harms or violates the rights of any person or
entity. |
10. Indemnity
You agree to indemnify and hold usa-postage.com and its subsidiaries,
affiliates, officers, shareholders, employees, agents, printers,
contractors, vendors, co-branders, suppliers, internet service
providers, and partners harmless from any loss, cost, claim, demand or
other harm of any kind, including reasonable attorneys' fees, due to or
arising out of your use of the Website, your content and/or images, your
use of the customized products, your default under any provision in
these Terms, your violation of any laws and your violation of any rights
of another person. |
11. Third Party Links
This Website may provide links to third-party sites that might be of
interest to you. We have no control over the content or availability of
the contents of these sites. It is your responsibility to become
familiar with each site's privacy and other policies and terms of
service, and to contact that site's Webmaster or site administrator with
any concerns. |
12. Proprietary Rights
This Website, the Usa-postage.com services, and all software, systems
and processes used in connection with the Website and service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws and are
covered by US Patents 5,510,992, 5,682,318, 5,717,597, 5,801,944,
5,812,991, 5,819,240, 6,208,980, 6,249,777, 6,671,813, 6,868,406,
6,889,214, 7,216,110, 7,236,956, 7,243,842 and other pending US patent
applications. |
13. Disclaimer of Warranties
THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE
THROUGH STAMPS.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USA-POSTAGE.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STAMPS.COM MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR
OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAMPS.COM
MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL
OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED,
ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS
WEBSITE. |
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL USA-POSTAGE.COM BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN
IF STAMPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT
RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES,
FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. |
15. Amendment of the Terms
We reserve the right to amend these Terms from time to time at
Usa-postage.com's sole and absolute discretion. If you continue to use
the Website and the services offered therein after any such changes, you
will be deemed to have accepted those changes. |
16. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the
laws of the State of Georgia. Any disputes arising under or in
connection with these Terms shall be subject to the jurisdiction and
venue of the state and federal courts located in Fulton County, Georgia.
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17. General Information.
No agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by these
Terms. We may assign our rights and responsibilities hereunder without
notice to you. The failure of a party to exercise or enforce any right
or provision of these Terms will not constitute a waiver of the right or
provision. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches.
All items purchased through usa-postage.com are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to our carrier.
If any part of these Terms is held to be invalid or unenforceable, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision most closely matching the intent of the
original provision and the remainder of the Terms will continue in
effect.
These Terms constitute the entire agreement between you and us with
respect to products purchased on our website, and supersede all other
communications, written or oral, with regard to our products.
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18.What is the return policy
At Usa postage, your satisfaction is our number one concern. If for any
reason you are not satisfied with the quality of your order, you may
return your item(s) within 30 days for exchange with another image of
your choice. You must include return postage to send the requested order
back to you. There is no money refund policy so they cannot be returned
for refund.In the case of a defective item, usa postage.com will honor
the applicable warranty period if it exceeds 30 days. In such an event,
please contact Customer Support. All sales of clearance, discontinued,
or retired items are final, they cannot be returned for refund.
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