VerticalResponse, Inc. ("VerticalResponse") provides a collection of tools and resources to design, print, mail, and manage postcard campaigns (the "Services"). 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.
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.
Our Retail Policies for purchasing VerticalResponse(tm) postcards and purchasing other products or services from VerticalResponse(tm) on this website and our refund policy are available here and are incorporated herein. 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, at no additional charge, to design postcards. 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.
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.
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.
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.
You will indemnify and hold VerticalResponse, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, licensors, and partners harmless from any loss, damage, cost, claim, demand, liabilities, settlement, expenses or other harm of any kind, including without limitation costs and reasonable attorneys' fees, due to or arising out of Your Information, your Content, your use of this website, the use of this website by any person who uses this website while logged on under your user name and password, postcards mailed using your user name and password, your default under any provision in this Postcard User Agreement, your violation of any laws and your violation of any rights of another person.
VerticalResponse may terminate this Postcard User Agreement or the Services at any time with or without cause, and with or without notice. VerticalResponse shall have no liability to Customer or any third party because of such termination. Upon termination by either party, no payments from Customer held by VerticalResponse shall be refunded at the time of termination and Customer shall have no recourse against VerticalResponse in relation to non-refunded funds or unused Services.
Upon termination for any or no reason, VerticalResponse may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, indemnity, warranty disclaimers and limitations of liability.
If Customer does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at VerticalResponse's sole discretion) as inactive, VerticalResponse will notify Customer by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, MAY BE PERMANENTLY REMOVED FROM THE VERTICALRESPONSE DATABASE.
VerticalResponse Proprietary Rights.
This website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on this website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by VerticalResponse or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website, the Images or the Software, in whole or in part. VerticalResponse grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a computer located at or affiliated with the Customer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
Disclaimer of Warranties.
Your use of this website is at your sole risk. This website is provided on an "as is" and "as available" basis. VerticalResponse disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. VerticalResponse makes no warranty that (1) the website will meet your requirements, (2) the website will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the website will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations, and (5) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from VerticalResponse or through or from this website shall create any warranty not expressly stated in this Postcard User Agreement.
Limitation of Liability.
VerticalResponse will not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VerticalResponse has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use this website; (2) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on this website; or (5) any other matter relating to this website or the Services. Notwithstanding anything to the contrary herein, except for fraud or willful misconduct, our liability, and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the lesser of (1) the aggregate amount of fees you pay to us in the 12 months before the action giving rise to liability, or (2) $100.
Notices from us to you and from you to us may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If we use the U.S. mail to send you a notice, the notice will be deemed given 3 days after the date of mailing. This website may also provide notices of changes to the Postcard User Agreement or other matters by displaying notices or links to notices to you generally on the website.
VerticalResponse respects the intellectual property rights of others and we ask our users to do the same. 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 a VerticalResponse postcard 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 on a VerticalResponse postcard. You authorize VerticalResponse 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 Information and your Content to the copyright owner or its agent and destroying all alleged infringing material. Please refer to our Copyright Policy.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Postcard User Agreement and the agreements incorporated herein are the entire agreements between you and VerticalResponse and governs your use of this website. This Postcard User Agreement supersedes any prior agreements between you and VerticalResponse. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The Postcard User Agreement and the relationship between you and VerticalResponse will be governed by the laws of the State of California without regard to its conflict of law provisions. You and VerticalResponse agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco, California. The failure of a party to exercise or enforce any right or provision of this Postcard User Agreement 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.
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.