USER CONTRACT
Welcome to imailedit.com . Please review the following basic rules that govern
your use of the MyPostcardPrinting.com site.
Please
note that your use of the imailedit.com constitutes your unconditional
agreement to follow and be bound by these Terms and Conditions. imailedit.com reserves the right to
update or modify these Terms and Conditions at any time without prior notice to
you. For this reason, we encourage you to review these Terms and Conditions
whenever you use this Site.
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD). If a User
submits a request on the Site to purchase printing products, mailing services,
design services or other services, the User agrees that all charges, taxes and
shipping/handling fees will automatically be charged to the credit card or paid
by User with an approved payment method. We require each order to be fully
paid, including shipping and handling fees, if applicable, before we complete
an order. We will not start working on a print job until we receive the full
payment.
Once a print job has been approved by customer and "sent to press" on
the Site, no changes are allowed to the artwork files, job characteristics, or
printing turnaround time.
Proofs
The online proof is generated after pressing the “update” button.
After checking, “yes, I approve the
document” your art files are generated.
You can change and edit these files up until you check out. Once an order is submitted your files
can no longer be edited. An online
proof is by no means an accurate color reproduction of your final printed piece
but is the final opportunity for you to check the final text.
No Liability for Errors
imailedit.com is not liable for errors in a final product caused by any of the
following reasons: Misspelling, Logo issues, Grammar, Punctuation, Wrong cuts,
Die Lines, imailedit.com does not make any changes on customer files.
Overprint and Underprint Policy
Due to the gang run method that imailedit.com uses, we cannot guarantee that
every order will be the exact number of items which are ordered. Imailedit can
only guarantee that it will come within plus or minus 10% of the number of
items ordered.
Artwork Files
Our prepress department checks all submitted artwork files before printing, but
you are still 100% responsible for the accuracy of your print-ready artwork
files, and we encourage you to proofread all files carefully before submitting
to imailedit.com. files consisting of the following material: offensive,
indecent or improper material, any material that could give rise to any civil
or criminal liability under applicable law; and any material that could
infringe rights of privacy, publicity, copyrights or other intellectual
property rights without the permission of the owner of these rights and the
persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal
in nature or an infringement on the rights of any third party. You accept full legal
liability for the content of material processed and printed on your behalf and
under your instructions. We reserve the right to refuse an order without
disclosing a reason.
Printing Turnaround Time
Printing turnaround time begins once your order has been placed and approved
for printing. Printing turnaround time begins when full payment has been made.
Please note that imailedit.com is closed Saturdays, Sundays
and Holidays. As a result, these days are not considered when calculating
printing turnaround time. In addition, while Production Turnaround includes
printing and cutting it does not include mailing, or shipping transit times.
The estimated production turnaround advertised on this site is based on the
typical number of hours or days that a print job is completed under normal
circumstances, excluding Saturdays, Sundays and holidays.
Target Arrival
Target arrival dates are calculated by adding the printing turnaround time to
the shipping transit time.
Both
printing and shipping times are based on business days only and do not include
weekends or holidays. Please
understand that target arrival dates are estimates, not guarantees. While we
will do everything in our power to meet your target arrival date, weather and
other occurrences beyond our control may impact our ability to meet that date.
Mailing Services
Customer's mailing list(s), while in the possession of imailedit.com , is the
exclusive property of the customer and shall be used only with customer's
instructions. Customer's mailing list(s) will not be sold or offered for use to
any other party, and imailedit.com will not utilize the list for any other
purpose.
All mailing delivery dates are estimates, not guarantees. Imailedit.com ’s
responsibility is limited to preparing your mailing and completing delivery to
the U.S. Postal Service (“USPS”). imailedit.com ’s responsibility ends when the
job is delivered to a United States Postal Facility. In no event shall imailedit
.com be liable for USPS performance failures or delivery delays.
In no case is imailedit.com liable for loss of business; incidental or
consequential damages; or costs in excess of billing for services related to
the specific job.
The customer will defend and hold imailedit.com harmless in any suit or court
action brought against imailedit.com by others for alleged damages, costs,
expenses (including reasonable attorney's fees), liabilities or losses
resulting from circumstances where imailedit.com, acting as the customer's
agent, uses copy, photographs, or illustrations that are believed by others to
be degrading, libelous or harmful to their reputations, images, or standing in
the community or which in imailedit.com’s sole judgment is an infringement on a
trademark, or trade name, or service mark, or copyright belonging to others, or
in a suit or court action brought against imailedit.com for actions of the
customer's employees which may occur as a result of any mailing.
Miscellaneous
All materials we create in producing your printed product
are the property of imailedit.com. Although these materials will NOT be sold or given to
any other party, we reserve the right to distribute free samples of your
printed product. Please note that your printed product or images used for your
printed product will not be used in any national advertising without your prior
written consent.
Section B
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including,
without limitation, the information, data, software, photographs, graphs,
typefaces, graphics, images, illustrations, maps, designs, icons, written and
other material and compilations (collectively, "Content") are
intellectual property and copyrighted works of imailedit.com and/or various
third-party providers ("Providers"). Reproductions or storage of
Content retrieved from this Site, in all forms, media and technologies now
existing or hereafter developed, is subject to the U.S. Copyright Act of 1976,
Title 17 of the United States Code.
Corporate Identification and Trademarks
“imailedit.com", and any and all other marks appearing on this Site are
trademarks of imailedit.com in the United States and other jurisdictions
("Trademarks"). You may not use, copy, reproduce, republish, upload,
post, transmit distribute or modify the Trademarks in any way, including in
advertising or publicity pertaining to distribution of materials on this Site,
without imailedit.com’s prior written consent. The use of Trademarks on any
other Web site or network computer environment is prohibited.
MyPostcardPrinting.com prohibits the use of Trademarks as a "hot"
link on, or to, any other Web site unless establishment of such a link is
pre-approved by imailedit.com in writing.
Use Restriction
You may only use this Site to make legitimate requests to purchase the products
or services offered (each, a "Request"), and shall not use this Site
to make any speculative, false or fraudulent Requests. You may not use robots
or other automated means to access this Site, unless specifically permitted by imailedit.com.
You represent that you are of sufficient legal age to create binding legal
obligations for any liability you may incur as a result of your use of this
Site. You agree to promptly update your membership information (if applicable)
in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid
credit card. Please be aware that even if you do not give us your real name,
your Web browser transmits a unique Internet address to us that can be used by
law enforcement officials to identify you. Fraudulent users may be prosecuted
to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of
this Site for the sole purpose of using this Site as a shopping resource. Any
other use of materials or Content on this Site, including reproduction for a
purpose other than that noted above without imailedit.com's prior written
consent is prohibited.
Email
We encourage you to share your comments and questions with us, but we may not
be able to respond to all of them. Please note that we assume no responsibility
for reviewing unsolicited ideas for our business (like product or advertising
ideas), and will not incur any liability as a result of any similarities
between those ideas and materials that may appear in future
MyPostcardPrinting.com programs. Also, please remember that you are responsible
for whatever material you submit and that you, not imailedit.com, have full
responsibility for any message that you send, including its reliability,
originality and copyright. Please do not reveal trade secrets or other
confidential information in your messages. Any, and all, rights to materials
and ideas submitted to us become the exclusive property of imailedit.com.
Privacy
You confirm that you have read, understood and agree to the imailedit.com Privacy
Policy, the terms of which are incorporated herein, and agree that the terms of
such policy are reasonable and satisfactory to you. You consent to the use of
your personal information by imailedit.com, its third-party providers, and/or
distributors in accordance with the terms of and for the purposes set forth in
the imailedit.com Privacy Policy. If you are not a resident of the United
States, please note that the personal information you submit to the Site will
be transferred to the United States and processed by imailedit.com in order to
provide this Site and its services to you, or for such other purposes (as set
forth in the Privacy Policy).
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL imailedit.com —
INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR
AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") — BE LIABLE FOR ANY
INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY
WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE
THIS SITE, R FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED
THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
If, notwithstanding the above, a Covered Party is found liable for any loss or
damage relating to the use of this Site, the User agrees that the liability of
any such party shall in no event exceed the fee or charge to the User assessed
by imailedit.com for making a Request.
Some states—to the extent their law might be deemed to apply,
notwithstanding the selection of California law as described (below)—do not
allow the limitation of liability, so the foregoing limitations might not apply
to you.
Indemnification
You agree to defend, indemnify and hold harmless imailedit.com and its
affiliates from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the Site. You
also certify that you own rights to or have a license to use the image(s) being
reproduced as part of your order.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party
("Third Party"), you are responsible for any error in the accuracy of
information provided in connection with such use. In addition, you must inform
the Third Party of all Terms and Conditions applicable to all products or
services acquired through this Site, including all rules and restrictions
applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to
indemnify and hold each Covered Party harmless from, and against, any and all
liabilities, losses, damages, suits and claims (including the costs of
defense), relating to the Third Party's or the User's failure to fulfill any of
its obligations as described (above). The User is directly responsible for any
Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered
to a Covered Party in connection with your use of this Site (collectively,
"Comments"), shall become and remain the exclusive property of imailedit.com.
The Comments may be used by a Covered Party in any medium and for any purpose
worldwide, without obtaining your specific consent and you relinquish all
rights to such Comments. No Covered Party is under any obligation to maintain
your Comments (and the use of your first name and first initial of your last
name with any comments) in confidence, to pay to you any compensation for any
Comments submitted or to respond to any of your Comments. You agree you will be
solely responsible for the content of any Comments you make.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any
time, without notice and for any reason.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not,
in any way, limit or otherwise define the terms and provisions of these Terms
and Conditions.
None of the
Covered Parties are responsible for any errors or delays in responding to a
Request caused by an incorrect email address provided by you or other technical
problems beyond their control.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms
and conditions incorporated herein or referred to herein, constitute the entire
agreement (collectively, the "Agreement") between you and each
Covered Party relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding the subject
matter, and may not be amended or modified except in writing or by making such
amendments or modifications available on this Site. If any provision of this
Agreement is found to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
Governing Law
The internal laws of the State of California shall govern the performance of
these Terms and Conditions, without regard to such state's conflicts of laws
principles.
