VerticalResponse Postcard Terms of Service

VerticalResponse may provide a collection of tools and resources to design, print, mail, and manage postcard campaigns (the “Services”).  VerticalResponse reserves the right to discontinue, modify, update, remove, alter, delete, or otherwise change the Services or any portions of the Services at its discretion. The following are the terms and conditions for use of the Services by the person or persons accessing this web site (the “Customer”), or any other web site that has authorization to sublicense or provide the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by VerticalResponse.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE. BY USING THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE.

Acceptance of Terms.
To obtain full access to the Postcard section of the VerticalResponse website, you must read the terms and conditions of service set forth below (the “Postcard User Agreement”) and agree to be legally bound by the obligations imposed on you in this Postcard User Agreement. By clicking the “I AGREE” button, you accept the terms and conditions of this Agreement.  VerticalResponse may make changes to this Postcard User Agreement, and continued use of the Services constitutes Customer’s acceptance of any such changes.  This Agreement is subject to and integrated into our Terms of Service and you agree to and shall abide by all Policies (as defined in the Terms of Service) while using the Services.

Registered Users Limited.
The Services are available only to persons who can form legally binding contracts under applicable law. If you are using the Services as an employee on behalf of an employer, you must have the authorization to bind your employer by your use of the Services.  Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify to use the Services, please do not use the Services.

Retail Policies.
Where you purchase any Services such Services shall be subject to the payment provisions located within the VerticalResponse Terms of Service. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on our website. 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. You are subscribing to VerticalResponse’s online postcard designing, printing and mailing service that allows you to design, print and mail postcards via the VerticalResponse postcard service. Postcards may be purchased online using your credit card. Each time you purchase, VerticalResponse will record the number of postcards you have purchased in your VerticalResponse account. You may then use VerticalResponse’s services, including online storage of your personal images, use of postcard gallery images, your mailing list and other services, where permitted. You will approve your postcards online. VerticalResponse suggests you print your “proof” viewable and printable in PDF format. You will be required to input the proof codes as a prerequisite to the printing and mailing of the postcard in the VerticalResponse Product. This approval releases VerticalResponse from any liability in the postcard printing process. VerticalResponse will not be held liable for the loss of cards through the United States Postal Service.

Restrictions on Use of Images.
You may use the gallery images (the “Images”) solely for the purpose of a VerticalResponse email or postcard campaign.  Usage of the Images for any other purpose is expressly prohibited.

The use of the Images is subject to certain restrictions.  You shall not be permitted to use the Images to:

  • Sublicense, distribute, transfer or assign any Images in connection with any other product except for a VerticalResponse email or postcard;
  • Reverse engineer, decompile, translate or dissemble any part of the Images;
  • Copy or reproduce the Images in any manner, except as expressly permitted hereunder;
  • Remove any copyright notices, trademarks or watermarks from any place where it appears on the Images;
  • Use the Images as part of another trademark, service mark or logo;
  • Use the Images in any way that could be considered by a reasonable person to be defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to them, in the juxtaposition to accompanying text or images or otherwise;
  • Use the Images in a manner that includes people as part of any sensitive subject matter, which shall be determined by VerticalResponse in its sole discretion.  Sensitive subject matter is use of an Image with a topic that may depict the subject matter of an Image in a negative or unfavorable light or may subject persons to ridicule.  Examples of sensitive subject matters include, but are not limited to, mental and physical health issues, sexual activity or preferences, substance abuse, guns and weapons, crime, suicide, abortion, hate groups, political or religious fanaticism, etc.; or
  • Use the Images in any manner that may or does constitute a breach or violation of the agreement with the licensor of the Images.

You may modify or alter the Images as necessary or desired for use, provided that if such modification or alteration constitutes a derivative work, you shall not acquire any copyright ownership or equivalent rights in or to any of the Images of licensor.  If requested by the licensor of the Images, you agree to sign a reasonable written assignment of any such rights, including copyrights.

Prohibited Postcard Content.
VerticalResponse prohibits Customers from sending postcards with content that is of the following nature:

  • Postcards that are in any way illegal such as sales of illegal substances, solicitation of escort services, or sales of any products or services that cannot be legally sold by Customer;
  • Pornographic postcards;
  • Grossly offensive postcards such as postcards promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages within postcards that VerticalResponse, at its sole discretion, may deem to be offensive;
  • Postcards that include images that are not expressly authorized by either VerticalResponse or the owner of such images;
  • Any postcard mailings that are in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.

Free Cards.
From time to time VerticalResponse may offer one or more “free cards” to its visitors and members. VerticalResponse reserves the right to cancel any unused free cards at its sole discretion. VerticalResponse reserves the right to cancel free cards that are associated in any way with incorrect user information including non-functional email addresses.

VerticalResponse Review of Postcards.
VerticalResponse has a tool for creating & mailing Postcards. Other than when you use an image or text supplied by us or our licensors, VerticalResponse will not be involved in any way with the design or creation of your postcards. We will not routinely screen or review text or graphics before printing and mailing postcards. VerticalResponse has restrictions on how images may be used and prohibits certain content on postcards.  . You are solely responsible for and assume all liability arising from all postcards that you and any other person using your User name and password print and mail using the VerticalResponse website. 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 in our sole discretion, including, but not limited to, refusing to mail the postcard. VerticalResponse shall, at its sole discretion, make the determination of what constitutes a problem 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.

Return Address on Your Postcards.
VerticalResponse will automatically print a return address on every postcard that you create using the VerticalResponse website. It is a breach of U.S. Postal Regulations to show a false return address on mail.

Your Content & Information.
All information, data, text, software, photographs, graphics video, messages or other materials (“Content”) you upload, post or create using this website 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 represent and warrant to VerticalResponse that: (i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform via the VerticalResponse(tm) website; (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; or contain any matter that is libelous or otherwise in contravention of law; and (iii) Your Information will be true, accurate, current and complete at all times. All information you provide to us about yourself during the registration process or through any other feature on this website will be referred to as “Your Information.” VerticalResponse will only use Your Information in accordance with our Privacy Policy. We act merely as a passive conduit for your online design, creation, printing, and mailing of your Content, in reliance on your representations and warranties in this Postcard User Agreement. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize VerticalResponse to print Products on your behalf.

You Will Comply with All Laws.
When you use the VerticalResponse website in any way such as creating, printing and mailing postcards, you will comply at all times 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. If you mail a postcard outside the United States, you will comply with the laws of the country to which the postcard is mailed.

VerticalResponse Privacy Policy.
We collect personal information on this website. To learn more about how we use Your Information please see our Privacy Policy, which is incorporated herein by reference and made a part of this Agreement. We may collect and use Your Information as set forth in our Privacy Policy.

Third Parties.
You authorize VerticalResponse and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes, but is not limited to, VerticalResponse voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all of Your Information and your Content.

Disclosures.
This website is provided by VerticalResponse located at 50 Beale St., 10th Floor, San Francisco, CA 94105.

If you have any questions or comments about the VerticalResponse Postcard User Agreement, contact us at support@VerticalResponse.com.

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