1) YOU ARE AGREEING TO THESE TERMS AND CONDITIONS
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SERVICE AND IT IS YOUR RESPONSIBILITY TO NOT USE THIS SERVICE. YOU AGREE THAT YOU WILL ONLY USE THE SITE IN CONNECTION WITH YOUR USE OF THE STAMPEXPRESSIONS® PRODUCT AND SOFTWARE.\
YOU ACKNOWLEDGE THAT YOU HAVE PREVIOUSLY AGREED TO THE PITNEY BOWES END USER LICENSE AGREEMENT ("EULA") WHEN YOU INSTALLED THE SOFTWARE FOR THE STAMPSEXPRESSIONS® PRODUCT AND THE TERMS OF SUCH AGREEMENT ARE INCORPORATED HEREIN BY REFERENCE.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY ALL PAYMENT TERMS AND CONDITIONS THAT YOU AGREED TO WHEN YOU PLACED YOUR ORDER WITH PITNEY BOWES FOR ANY STAMPSEXPRESSION® PRODUCT OR SERVICE. YOU ALSO AGREE TO PAY PITNEY BOWES FOR ANY POSTAGE AND FEES, DOWNLOADS OR OTHER CHARGEABLE PRODUCTS AND SERVICES IN CONNECTION WITH YOUR ACCOUNT AS SET FORTH ON THE SITE USING THE PAYMENT METHOD YOU HAVE AGREED TO USE FOR THE SERVICE.
2) Username and Password Security
You are responsible for maintaining the confidentiality of the username, password and account, and are fully responsible for all activities that occur under your username, password or account. You agree to immediately notify Pitney Bowes of any unauthorized use of your username, password or account or any other breach of security, and you agree to ensure that you log out from your account at the end of each session. Pitney Bowes cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3) Content Restrictions & Denial of Usage
In using this Site and the Service, you agree to not order for print, upload, download, post, e-mail or otherwise transmit or communicate any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that constitutes:
- Any material for any unlawful purpose or that is obscene, offensive, cruel, blasphemous, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, libelous, vulgar, violent, discriminatory (for example, based on race, color, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging;
- Material which might express or imply ideological, economic or other views not generally accepted as in the public interest;
- Any material that depicts celebrities or celebrity likenesses; local, regional, national or international public figures or newsworthy, notorious or infamous images and individuals;
- Any material that the customer does not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes or may infringe any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any person or entity;
- Any material which is likely to cause harm to the Site, any system that runs or is connected to the Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site or any system that runs or is connected to the Site or which may cause any defect, error, malfunction or corruption to the Service; or
- Any material that emulates any form of valid indicia or payment for postage, or resembles or could be confused with postal markings, or text required or recommended by postal regulation.
- Any other material that Pitney Bowes, in its sole discretion, determines to be inappropriate or offensive.
You understand and agree that if Pitney Bowes, in its sole discretion, determines that any material you upload does not meet these content requirements, Pitney Bowes may reject your order or if already accepted may subsequently reject your order without explanation. Pitney Bowes reserves the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order through this Site or Service which violates the content restrictions contained herein.
In addition, in the event you violate these Content Restrictions and you publicize such violation, you acknowledge that Pitney Bowes will suffer substantial damage to its reputation and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages and that Pitney Bowes shall be entitled to injunctive relief without having to post any bond.
4) Postage Download Limits & No Resale
You understand and agree that Pitney Bowes may impose postage download limits and you agree to abide by any such postage download limits. You also hereby represent and warrant to Pitney Bowes that you will not offer for resale any postage that you download from the Site or through the Service.
5) Site Security
You agree that you will not nor will you attempt to:
a) disrupt or interfere with the security of, or otherwise abuse, the Site, the Service, or any system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
b) attempt to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
c) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; or
d) frame or link to the Site except as permitted in writing by Pitney Bowes.
6) Suspension and Termination of Access
You agree that Pitney Bowes may at any time without notice:
a) Refuse to accept your orders for the Site and/or Service;
b) Move, suspend or terminate all or any part of the Site and/or Service; or
c) Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Pitney Bowes' sole discretion, you fail to comply with any of the terms or conditions contained in this Agreement or in the Software License Agreement or if you violate any laws in connection with your use of this Site or the Service or if a competent regulatory authority requires Pitney Bowes to do so.
Pitney Bowes will not be liable to you or any third party for any suspension or termination of your access to the Site or Service or failure to produce any postage or product, except that Pitney Bowes will refund to you any amounts paid by you for Products not downloaded, except if the denial of service is based on any breach by you of this Agreement.
7) Copyright and Trademark and Intellectual Property Rights
You are responsible for all of the images you upload or attempt to upload to our Site or Service. You must have the legal right to copy, display, distribute and/or make derivative works of each image that you upload, share or print (hereafter, the "Uploaded Images"). Likewise, any of the images, including any part of the images, provided by Pitney Bowes or its Licensors through this Site or Service, including any animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, motion sequences, photographs or any other visual representations, (hereafter, the "Provided Images") cannot be used as part of a trademark, servicemark, design mark, or logo in the stamps or other products created using this Site or Service. You should assume that all text, graphics and images that you find on the World Wide Web, including trademarks, servicemarks, design marks, and logos, are subject to copyright or trademark protection. In general, it is a violation of federal law to copy, display, distribute or make derivative works of text, graphics or images that are subject to a copyright and use the copyrighted material on the stamps or other products created using this Site or Service without the consent of the owner of the copyright. It is also a violation of federal law to use trademarks, servicemarks, design marks or logos, including any confusingly similar text, graphics or images, on the Stamps or other products using this Site or Service without the consent of the owner of such trademark. Before copying or making use of any text, graphics or images, you must confirm that it is in the public domain and/or not subject to copyright or trademark protection or, if it is subject to protection, obtain the consent of the owner of the copyright or trademark to use the material. You authorize Pitney Bowes to cooperate with copyright and trademark 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 material and any other information you have disclosed to us to the copyright or trademark owner or its agent and destroying all alleged infringing material. Pitney Bowes may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.
You hereby acknowledge and agree that Pitney Bowes or its licensors, including those licensors who have granted to Pitney Bowes a non-exclusive and non-transferable license to use the Provided Images, own and retain all rights, title, and interest in and to the Site and Service provided hereunder, regardless of the form or media in or on which intellectual property exists or may subsequently exist including, without limitation, all copyrights, trademarks, patents and trade secret rights inherent therein or appurtenant thereto. Except as otherwise specifically provided in these terms and conditions, you may not download or save a copy of the Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal use or records. If your use of the Provided Images results in modifications or alterations of the Provided Images where such changes constitute a derivative work of the Provided Images, the rights to all such derivative works shall belong exclusively to the owner of the copyright in such Provided Images, and you shall only use such derivative work in accordance with this Agreement and if necessary at a later date, you agree to execute a writing that confirms the foregoing statement regarding ownership of such derivative work. This Agreement shall not constitute a sale of any intellectual property and no title or proprietary rights to any part of the Site or any products of the Site are transferred to you hereby.
You also acknowledge that the Site is a unique and valuable asset and of Pitney Bowes or its licensors, and Pitney Bowes or its licensors shall have the right to obtain all equitable and legal redress which may be available to it for the breach or threatened breach of this Agreement including, without limitation, injunctive relief.
This Agreement is effective when you enter and use the Site and shall remain in force until terminated. Pitney Bowes shall have the right to terminate or change this Agreement or terminate the Site or any feature of the Site, in its sole discretion, at any time. Pitney Bowes is not required to provide any notices hereunder. Where a notice may be required by applicable law or where Pitney Bowes opts to provide notice, in its sole discretion, notice to you may be effectuated by any electronic forms of communication including by an e-mail or posting to the Site. Your use of the Site evidences your agreement with any changed terms and provisions. Termination of this Agreement by Pitney Bowes shall be in addition to and not in lieu of any other legal or equitable remedies available to Pitney Bowes.
9) NO WARRANTIES:
THE SITE AND THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY OR ARISING FROM CUSTOM OR TRADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PITNEY BOWES ACCEPTS NO RESPONSIBILITY FOR ERRORS OR TECHNICAL DIFFICULTIES WITH THE FUNCTIONALITY OF ANY PRODUCT, THE SERVICE AND THE SITE AND ANY PRODUCTS AND SERVICES OFFERED OR PROVIDED ON, BY OR THROUGH THE SITE AND PITNEY BOWES DOES NOT GUARANTEE REPRESENT OR WARRANT THAT THE SITE, SERVICE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PITNEY BOWES WILL NOT AND DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE, PRODUCTS OR SERVICES WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT FIREWALLS, PROTECTIONS, PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR PROTECTION OF YOUR SYSTEM.
THE SITE, LIKE ALL SOFTWARE RELATED PRODUCTS, MAY BE SUBJECT TO KNOWN OR UNKNOWN ANOMALIES, WHICH MAY AFFECT ITS ABILITY TO PERFORM POSTAGE PRINTING. YOU UNDERSTAND AND AGREE THAT PITNEY BOWES IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH ANOMALIES.
10) LIMITATION OF LIABILITY, INDEMNIFICATION AND CERTAIN NOTICES
PITNEY BOWES IS NOT LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST POSTAGE, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE, THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED ON, BY OR THROUGH THE SITE EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PITNEY BOWES AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND LICENSORS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING IN ANY WAY FROM YOUR USE OF THE SERVICE, THE SITE OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, IMAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS THROUGH THE SERVICE OR SITE BY YOU OR USERS AUTHORIZED BY YOU OR RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU OR ANY USER AUTHORIZED BY YOU. YOUR SOLE REMEDY IS TO TERMINATE USE OF THE SERVICE. PITNEY BOWES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH US IN DEFENSE OF SUCH CLAIM.
In no event shall Pitney Bowes' liability arising out of or in connection with this Agreement exceed $50.00. Some states do not allow the limitation or exclusion of liability for incidentals or consequential damages, so the above limitation or exclusion may not apply to you.
Pitney Bowes does not warrant that the Service, the Site or the services and products provided on, by or through the Service or Site will meet Customer's requirements or expectations, or that the operation of the Site or any service or product provided by or through the Site will be uninterrupted or error free.
Pitney Bowes may, from time to time, revise or update the Service or the Site including user documentation, terms and conditions for use or any other Site feature or attribute in its sole discretion and in so doing, incurs no obligation to provide any special or individualized notice to you. Notice to you may be effectuated by any electronic forms of communication including by an e-mail or posting to the Site.
You represent and warrant that you are a resident of the United States of America and that you agree to use the Site and the Service for lawful purposes only and in a manner consistent with local, state and federal laws and regulations.
You represent, warrant, and covenant to Pitney Bowes that (i) any information provided to Pitney Bowes in connection with your use of the Site and Service shall be accurate, (ii) you have and will continue to have the power and authority to enter into and perform your obligations under this Agreement and the Policies, (iii) your use of the Site and Service is and will at all times be in compliance with all applicable laws, this Agreement, and the Policies.
This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of Connecticut, but without recourse to Connecticut's conflict of law provisions that would otherwise require the application of the law of any other jurisdiction. The parties hereby agree and consent to the exclusive jurisdiction and venue of the courts situated in Fairfield County, Connecticut, in any action arising out of or relating to this Agreement and hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
The waiver or failure of Pitney Bowes to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
If any portions of this Agreement is invalid under any applicable statute or rule of law to that extent they shall be deemed omitted from Agreement.