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  • The Perfect Postcard Terms of Service

    1. ACCEPTANCE OF TERMS
      The Perfect Postcard LLC provides the services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using The Perfect Postcard LLC, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using The Perfect Postcard LLC, you and The Perfect Postcard LLC shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. DESCRIPTION OF THE PERFECT POSTCARD LLC SERVICES The Perfect Postcard LLC provides users with access to a vast collection of photographs, and postcard sending services including the sending of personal photographs and personalized content. You also understand and agree that The Perfect Postcard LLC services may include advertisements and that these advertisements are necessary for The Perfect Postcard LLC to provide The Perfect Postcard LLC services. You also understand and agree that The Perfect Postcard LLC services may include certain communications from The Perfect Postcard LLC, such as service announcements, administrative messages and advertisements, and that these communications are considered part of The Perfect Postcard LLC TOS and you will be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance The Perfect Postcard LLC services, shall be subject to the TOS. You understand and agree that The Perfect Postcard LLC services are provided "AS-IS" and that The Perfect Postcard LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to The Perfect Postcard LLC services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access The Perfect Postcard LLC services. You understand that the technical processing and transmission of The Perfect Postcard LLC services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be aware that there is a possibility of persons using The Perfect Postcard LLC services to use adult or mature content. Using such content is out of the control The Perfect Postcard LLC, as such The Perfect Postcard LLC can not be held liable for offensive material displayed or sent using The Perfect Postcard LLC services. You must be at least 18 years of age to use or view such content. The Perfect Postcard LLC does its utmost to protect the privay of your information ; However The Perfect Postcard LLC can not guarantee the security and privacy of your information that could obtained via third parties, including internet hackers and the like.  You should take caution at all times when transmitting personal information over the internet.
    2. YOUR REGISTRATION OBLIGATIONS
      In consideration of your use of The Perfect Postcard LLC services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving The Perfect Postcard LLC services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by The Perfect Postcard LLC registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Perfect Postcard LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Perfect Postcard LLC has the right to suspend or terminate your account and refuse any and all current or future use of The Perfect Postcard LLC. The Perfect Postcard LLC is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to The Perfect Postcard LLC services must create an account on their behalf. When doing so, you certify that you are at least 18 years old and that you are the legal guardian of the child/children. By creating an account on behalf of your child/children you also give your child permission to access all areas of The Perfect Postcard LLC services. Please remember that The Perfect Postcard LLC services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of The Perfect Postcard LLC services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
    3. THE PERFECT POSTCARD LLC PRIVACY POLICY
      Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of The Perfect Postcard LLC services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by The Perfect Postcard LLC and its affiliates.
    4. MEMBER ACCOUNT, PASSWORD AND SECURITY
      You will enter your personal details and a password upon completing The Perfect Postcard LLC sign up process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Perfect Postcard LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Perfect Postcard LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
    5. MEMBER CONDUCT
      You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not The Perfect Postcard LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via The Perfect Postcard LLC services. The Perfect Postcard LLC does not control the Content posted via the our services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the The Perfect Postcard LLC services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Perfect Postcard LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via The Perfect Postcard LLC. You acknowledge that The Perfect Postcard LLC may or may not pre-screen Content, but that The Perfect Postcard LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via The Perfect Postcard LLC services. Without limiting the foregoing, The Perfect Postcard LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Perfect Postcard LLC or submitted to The Perfect Postcard LLC. You acknowledge, consent and agree that The Perfect Postcard LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of The Perfect Postcard LLC, its users and the public. You understand that The Perfect Postcard LLC and software embodied within The Perfect Postcard LLC services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Perfect Postcard LLC and/or content providers who provide content to The Perfect Postcard LLC. You may not attempt to override or circumvent any of the usage rules embedded into The Perfect Postcard LLC services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on The Perfect Postcard LLC, in whole or in part, is strictly prohibited.
    6. INTERSTATE NATURE OF COMMUNICATIONS ON THE PERFECT POSTCARD LLC NETWORK
      When you register with The Perfect Postcard LLC, you acknowledge that in using our services to send electronic communications, you will be causing communications to be sent through The Perfect Postcards' computer networks, portions of which are located in the United, and other locations abroad. As a result, and also as a result of The Perfect Postcard LLC network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
    7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
      Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of The Perfect Postcard LLC services and transfer, posting and uploading of software, technology, and other technical data via The Perfect Postcard LLC may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via The Perfect Postcard LLC to parties identified on such lists; (b) agree not to use The Perfect Postcard LLC services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via The Perfect Postcard LLC services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
    8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PERFECT POSTCARD LLC SITE
      The Perfect Postcard LLC does not claim ownership of Content you submit or make available for inclusion on The Perfect Postcard LLC. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of The Perfect Postcard LLC services, you grant The Perfect Postcard LLC the following worldwide, royalty-free and non-exclusive license(s), as applicable: "Publicly accessible" areas of The Perfect Postcard LLC are those areas of The Perfect Postcard LLC network of properties that are intended by The Perfect Postcard LLC to be available to the general public. However, publicly accessible areas of The Perfect Postcard LLC would not include members personal details and/or passwords, or areas off of The Perfect Postcard LLC network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by The Perfect Postcard LLC.
      1. With respect to Content you submit or make available for inclusion on publicly accessible areas of The Perfect Postcard LLC, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The Perfect Postcard LLC solely for the purposes of providing and promoting The Perfect Postcard LLC to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on The Perfect Postcard LLC and will terminate at the time you remove or The Perfect Postcard LLC removes such Content from The Perfect Postcard LLC services.
      2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas The Perfect Postcard LLC, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The Perfect Postcard LLC solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on The Perfect Postcard LLC and will terminate at the time you remove or The Perfect Postcard LLC removes such Content from The Perfect Postcard LLC services.
      3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of The Perfect Postcard LLC services, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
    9. CONTRIBUTIONS TO THE PERFECT POSTCARD LLC!
      By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to The Perfect Postcard LLC through its 'Contact Us' or feedback WebPages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The Perfect Postcard LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The Perfect Postcard LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The Perfect Postcard LLC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of The Perfect Postcard LLC without any obligation of The Perfect Postcard LLC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The Perfect Postcard LLC under any circumstances.
    10. INDEMNITY
      You agree to indemnify and hold The Perfect Postcard LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through The Perfect Postcard LLC services, your use of The Perfect Postcard LLC services, your connection to The Perfect Postcard LLC services, your violation of the TOS, or your violation of any rights of another.
    11. NO REUSE OF THE PERFECT POSCTARD SERVICES
      You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any portion or use of, or access to, The Perfect Postcard LLC  Services (including Content, advertisements, Software and your Perfect Postcard ID).
    12. GENERAL PRACTICES REGARDING USE AND STORAGE
      You acknowledge that The Perfect Postcard LLC may establish general practices and limits concerning use of The Perfect Postcard LLC services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by The Perfect Postcard LLC, the maximum number of email messages that may be sent from or received by an account on The Perfect Postcard LLC site, the maximum size of any email message that may be sent from or received by an account on The Perfect Postcard LLC site, the maximum disk space that will be allotted on The Perfect Postcard LLC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access The Perfect Postcard LLC services in a given period of time. You agree that The Perfect Postcard LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by The Perfect Postcard LLC services. You acknowledge that The Perfect Postcard LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Perfect Postcard reserves the right to modify these general practices and limits from time to time.
    13. MODIFICATIONS TO THE PERFECT POSTCARD LLC SERVICES
      The Perfect Postcard LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Perfect Postcard LLC Services (or any part thereof) with or without notice. You agree that The Perfect Postcard LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Perfect Postcard LLC services (or any part thereof).
    14. TERMINATION
      You may terminate your Perfect Postcard account, any associated email address and access to The Perfect Postcard LLC services by submitting such termination request to The Perfect Postcard LLC. You agree that The Perfect Postcard LLC may, without prior notice, immediately terminate, limit your access to or suspend your Perfect Postcard account, any associated email address, and access to The Perfect Postcard LLC services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to The Perfect Postcard LLC services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with The Perfect Postcard LLC services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in The Perfect Postcard LLC sole discretion and that The Perfect Postcard LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to The Perfect Postcard LLC services. Termination of your Perfect Postcard account includes any or all of the following: (a) removal of access to all or part of the offerings within The Perfect Postcard LLC, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of The Perfect Postcard LLC services.
    15. DEALINGS WITH ADVERTISERS
      Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Perfect Postcard LLC, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Perfect Postcard LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on The Perfect Postcard LLC services.
    16. LINKS
      The Perfect Postcard LLC may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that The Perfect Postcard LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Perfect Postcard LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
    17. THE PERFECT POSTCARD LLC PROPRIETARY RIGHTS
      You acknowledge and agree that The Perfect Postcard LLC and any necessary software used in connection with The Perfect Postcard LLC services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through The Perfect Postcard LLC or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by The Perfect Postcard LLC or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on The Perfect Postcard LLC, such Content or the Software, in whole or in part. The Perfect Postcard LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, 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. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to The Perfect Postcard LLC services. You agree not to access The Perfect Postcard LLC services by any means other than through the interface that is provided by The Perfect Postcard LLC for use in accessing The Perfect Postcard LLC services.
    18. DISCLAIMER OF WARRANTIES
      YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
      1. YOUR USE OF THE PERFECT POSTCARD LLC AND SOFTWARE ARE AT YOUR SOLE RISK. THE PERFECT POSTCARD LLC AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PERFECT POSTCARD LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      2. THE PERFECT POSTCARD LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PERFECT POSTCARD LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PERFECT POSTCARD LLC SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PERFECT POSTCARD LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PERFECT POSTCARD LLC SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
      3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PERFECT POSTCARD LLC SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PERFECT POSTCARD LLC OR THROUGH OR FROM THE PERFECT POSTCARD LLC SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
      5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PERFECT POSTCARD LLC SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE PERFECT POSTCARD LLC SERVICE. IMMEDIATELY DISCONTINUE USE OF THE THE PERFECT POSTCARD LLC AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PERFECT POSTCARD LLC SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
    19. LIMITATION OF LIABILITY
      YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PERFECT POSTCARD LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, 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 THE PERFECT POSTCARD LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PERFECT POSTCARD LLC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PERFECT POSTCARD LLC SITE; OR (e) ANY OTHER MATTER RELATING TO THE PERFECT POSTCARD  LLC SERVICE.
    20. EXCLUSIONS AND LIMITATIONS
      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
    21. SPECIAL ADMONITION FOR THE PERFECT POSTCARD LLC SERVICES RELATING TO FINANCIAL MATTERS
      The Perfect Postcard LLC services are provided for informational purposes only, and no Content included in The Perfect Postcard LLC site is intended for trading or investing purposes. The Perfect Postcard LLC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via The Perfect Postcard LLC services, and shall not be responsible or liable for any trading or investment decisions based on such information.
    22. NO THIRD-PARTY BENEFICIARIES
      You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
    23. NOTICE
      The Perfect Postcard LLC may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on The Perfect Postcard LLC, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing The Perfect Postcard LLC services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed The Perfect Postcard LLC in an authorized manner.
    24. TRADEMARK INFORMATION
      You agree that all of The Perfect Postcards' trademarks, trade names, service marks and other The Perfect Postcard LLC logos and brand features, and product and service names are trademarks and the property of The Perfect Postcard LLC. Without The Perfect Postcard's prior permission, you agree not to display or use in any manner The Perfect Postcards' Marks.
    25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
      The Perfect Postcard LLC respects the intellectual property of others, and we ask our users to do the same. The Perfect Postcard LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Perfect Postcard LLC the following information: The Perfect Postcard LLC can be contacted at
      ceo@theperfectpostcard.com
    26. GENERAL INFORMATION
      Entire Agreement. The TOS constitutes the entire agreement between you and The Perfect Postcard LLC and governs your use of The Perfect Postcard LLC services, superseding any prior version of this TOS between you and The Perfect Postcard LLC with respect to The Perfect Postcard LLC services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other The Perfect Postcard LLC services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and The Perfect Postcard LLC each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and The Perfect Postcard LLC, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and The Perfect Postcard LLC agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Waiver and Severability of Terms. The failure of The Perfect Postcard LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Perfect Postcard account is non-transferable and any rights to your Perfect Postcard ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Perfect Postcard LLC services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
    27. VIOLATIONS
      Please report any violations of the TOS to
      ceo@theperfectpostcard.com

    Last Updated: February 19, 2014