Terms of Use

Here at Precious Postmarks, we know that no one really likes to read the fine print written in the Terms of Use section. To help you out, we have written a brief summary of the conditions outlined in detail below. It’s still highly advisable that you read all the fine print, as you will be held accountable for the following information when you use the site.

Basic Summary of Terms of Use:

Don't use copyrighted photos for your photo cards, UNLESS you obtain a signed release form from the photographer (found here). We are not responsible if you do not do this.
We are not responsible for any damage that may occur to the digital files that you send us for use in making your photo cards.
Don't send us improper or pornographic photographs. We can't, and won't, use them.
Do not copy or emulate any of the content found on this website, including photo card images, for any form of commercial use or reproduction.
Our photo cards do not come with any form of a warranty. All sales are final.
We can terminate service with any individual at any time.
An order cannot be cancelled once the proof has been approved and sent to print.

FULL TERMS OF USE

These Terms of Use govern your use of the Precious Postmarks site and the services provided through the Precious Postmarks site. Your acceptance of these Terms of Use, as modified from time to time, creates a binding legal contract. PLEASE READ THESE TERMS OF USE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS OF USE. Precious Postmarks reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of this site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Precious Postmarks and shall be of no force or effect. If you have any questions regarding the Terms of Use, please contact info@preciouspostmarks.com

Photo Copyrights
Precious Postmarks respects and upholds the legal rights of photographers and image authors. It is ILLEGAL for us to reproduce images that are copyrighted without the express written permission of the person or entity that created the original work. If you have a copyrighted image, please contact the photographer to request a signed copyright release (found here); once provided, we will keep this for our files.

If you choose to scan your professionally taken images on your own, for the sole purpose of making copies, you are assuming the legal risk for violating any copyright. Remember, the willful neglect of copyright laws is a criminal act.

If you have been provided printable resolution images on CD from your photographer, we do not need a copyright release for these images. However, it should be noted that it is not always the intent of the photographer to provide a "blanket release" even if they have supplied these images to you. By submitting these images to us, you agree to assume full responsibility if any conflicts arise with the photographer.

(Copyright Indemnification) Purchaser agrees to hold harmless Precious Postmarks for all costs, expenses, attorney's fees or judgments resulting from any claims or lawsuit made against Precious Postmarks for any grounds claiming that the work produced violates any copyright or proprietary right of any person or entity.

Limited Liability
The submission of any print, slide or negative to us for scanning, printing, or any other handling constitutes an agreement by you that is such print, slide or negative if damaged, lost or mishandled by our company or any affiliated company, agents or employees, even though due to negligence or other fault of any of the foregoing, or if unauthorized access is gained or misuse of an image is made by any third party, our liability willl be limited, at our option, to a full refund of any monies paid by you to us. The foregoing will be your exclusive remedy for any such loss, damage or mishandling. Except for such refund, the acceptance for scanning, printing or handling of any prints, slides or negatives is without any warranty whatsoever (whether expressed or implied, including any warranty of merchantability or fitness for a particular purpose) or other liabiltiy of any kind. Recovery for any special, incidental or consequential damages is specifically excluded.

Photo Content
You may not send to Precious Postmarks any pictures or text which contain material that is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive in the sole discretion of Precious Postmarks management. The content of the pictures and text you submit is governed by applicable laws (including laws which prohibit copyright infringement, obscenity, pornography, child pornography, or child abuse). We have no obligation or intent to monitor the pictures or text. However, we and our agencies and fulfillers reserve the right at all times to review the pictures and text, to disclose the pictures or text as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the pictures or text, to remove the pictures or text, and to refuse to perform any orders involving pictures that are objectionable in our sole judgment and discretion.

Trademark and Copyright
Precious Postmarks and all related graphics, logos and service names are trademarks of Precious Postmarks. All other trademarks that appear on the Precious Postmarks site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law. The Precious Postmarks site including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Precious Postmarks site. You are not entitled to duplicate, create derivative works of, distribute, display or perform any content without the express permission of the owner of that content. We respect the copyrights of others; as such, if you believe your copyright has been violated on the Precious Postmarks site, please contact Precious Postmarks via email at info@preciouspostmarks.com

License
You acquire absolutely no rights or licenses in or to the Precious Postmarks site and materials contained within the Precious Postmarks site other than the limited right to utilize our services in accordance with the Terms of Use. Should you choose to download content from the Precious Postmarks site, you must do so in accordance with the Terms of Use. Such download is licensed to you by Precious Postmarks for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you.

Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign including rights in and to all applications and registrations relating to the Precious Postmarks site (the "Intellectual Property Rights") shall, as between you and Precious Postmarks, at all times be and remain the sole and exclusive property of Precious Postmarks. All present and future rights in and title to the Precious Postmarks site (including the right to exploit the site and any portions of the site over any present or future technology) are reserved to Precious Postmarks. for its exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the site or any portion thereof. Except as specifically permitted herein, you shall not use Precious Postmarks' Intellectual Property Rights or the site for any purpose, without Precious Postmarks' prior written approval.

Disclaimer of Warranty and Limitations of Liability
The Precious Postmarks site and all products and services provided through it are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Precious Postmarks disclaims any warranties for the security, reliability, timeliness, and performance of the Precious Postmarks site. Precious Postmarks further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the precious postmarks site.

You, the user, understand and agree that the submission of any digital photo to Precious Postmarks, and the download or upload of any material through the precious postmarks site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material.

Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, Precious Postmarks shall not be liable for any direct, indirect, consequential, special, exemplary, and punitive damages, even if Precious Postmarks has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Indemnification
By using the Precious Postmarks site, you agree to indemnify and hold harmless Precious Postmarks and its parents, subsidiaries, affiliates, officers, consultants and employees from any and all claims and expenses including attorney’s fees, arising from your use of Precious Postmarks’ services.

Termination of Service
Precious Postmarks may terminate its service to you through the Precious Postmarks site at any time, without notice, for any conduct in violation of this Terms of Use or any other policies or guidelines set forth on the Precious Postmarks site. Precious Postmarks reserves the right to take all appropriate measures to enforce Precious Postmarks’ policies.

Return Policy
Because of the personalized nature of announcements, all sales are final and returns will not be accepted. By giving your final approval on your proof, you certify that all information is correct.

Cancellation Policy
Order cancellation is dependent upon the design stage. Orders cannot be cancelled once the proof has been approved and sent to print.