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The Silver Post
WEBSITE TERMS OF USE
1. Acceptance of the Terms of Use
These terms of use are entered into by and between you andThe Silver Post (“Company”, “we” or “us”). The following terms and conditions, (these “Terms of Use”), govern your access to and use of the Website, including any content, functionality, and services offered on.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
2. Changes to the Terms of Use
We may revise and update these terms of use from time to time in our sole discretion. All changes are effective immediately and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on the date the change is posted on the Website.
You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Privacy Policy
We respect our customer's privacy and take steps to protect and secure it. You can read our full policy here .
4. Access and Security
This Website is offered and available to users who are: (1) 18 years of age or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be a resident in the United States. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use our service.
We reserve the right to withdraw or amend the website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website.
You are responsible for
•Making all arrangements necessary for you to access to the Website.
•Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.
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To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of use.
5.External Links and Content
Our Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only and include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Purchaser Age Requirement
In compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 17 years or younger, please do not download or use our Services.
7. Subscription
Continuous subscription
You expressly acknowledge thatThe Silver Post is authorized to charge you five U.S. Dollar ($5) on a monthly basis. You acknowledge that the subscription rate is subjected to change. Because there’s no annual contract, your monthly subscription rate is subject to change, but you will be notified within 14 business days of any change in your monthly rate with the option to cancel or
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opt out within 10 business days in accordance with these terms. The option to cancel or opt out shall be subject to the terms of the cancellation policy.
Cancellation Policy
You may cancel your monthly subscription at any time by emailing hello@thesilverpost.com. If a postcard has already been shipped or processed for that month, the subscription for that particular cannot be cancelled.
8. Text Messages
You acknowledge that standard data fees and text messaging rates may apply based on your plan with your mobile phone carrier. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. All words, pictures, and texts that The Silver Post receives through text messages are subject to being part of a postcard.
9. Postcard Images Copyright Notice
You guarantee that the rights of third parties are not breached by the images you upload and that you indemnify us against any and all claims.
We reserve the right not to produce and not to send postcards that consist of or comprise immoral, racist, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.
10. Mailing
The Silver Post reserves the right, in The Silver Post’s sole discretion, to refuse to accept any Postcard Mailing project or to terminate any Postcard Mailing project prior to completion at any time and for any reason. You agree that The Silver Post shall have no liability of any kind to you or to any third party arising from such refusal or termination.
Postcards are mailed via United States Postal Service (“USPS”). You acknowledge that all content including words, images, and texts on the postcard will be visible to the public while in transit.
The Silver Post is not liable for errors in a final product caused by any of the following reasons:
•Spelling, punctuation and grammatical errors
•Low resolution or low quality graphics and image
•Damaged fonts
•Transparency issues
•Overprint issues
•Incorrect images sent
•Incorrect file orientation
•Cracking on folds
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•Cutting variances
•Incorrect or undeliverable shipping address
•Damage to products after delivery to User
•Any non-delivery, misdelivery, lost items or any other incidents that lead to non-delivery.
11. Payment
The Silver Postuses a third party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions.
By using the Stripe Check Out you must agree to be bound by Stripe’s Terms of Service.
12. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: •Your computer may temporarily store copies of such materials in RAM incidental to
your accessing and viewing those materials.
•You may store files that are automatically cached by your Web browser for display enhancement purposes.
•You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
•If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
•If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
•Modify copies of any materials from this site.
•Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
13. Trademarks
The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
14. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
15. Prohibited Use
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
•In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
•For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
•To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
•To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
•To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
•Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
•Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
•Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
•Use any device, software, or routine that interferes with the proper working of the Website.
•Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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•Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
•Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
•Otherwise attempt to interfere with the proper working of the Website.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW,THE SILVER POST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limited Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Dispute Resolution
Any controversy or claim arising out of or relating to this agreement, or a breach thereof, shall be settled by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.
19. Governing Law, Jurisdiction and Venue
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).
20. Geographic Restriction
The Website is controlled and offered by the Company from its facilities in the United States of America. If you are accessing or using the Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Website may contain or provide links to content hosted on websites located outside of the United States of America.
21. Indemnification
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YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THE TERMS OF SERVICE. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF ANY OF THE WEBSITE.
22. Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
23.Entire Agreement
The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and The Silver Post regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
24.Contact Us
This website is operated byThe Silver Post.
All feedback, comments, requests, technical support, and other communications relating to the Website should be directed tohello@thesilverpost.com.