1. Acceptance
By using and/or visiting this website (collectively,
including all content and functionality available through
Yestercards), you signify you have read and understood this
agreement in its entirety and that you are in agreement to these
terms and conditions. If you do not agree to these terms in their
entirety, please do not use this site.
Yestercards may, in its sole
discretion, modify or revise these Terms of Service and policies at
any time, and you agree to be bound by such modifications or
revisions. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
2. Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF THE YESTERCARDS WEBSITE
AND ITS CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, YESTERCARDS, ITS EMPLOYEES, OFFICERS,
REPRESENTATIVES AND AGENTS, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, ITS CONTENT, AND
YOUR USE THEREOF.
Yestercards makes no
warranties or representations expressed or implied about the
copyright or trademark of user submissions as defined in this
agreement (including user submissions by Yestercards and its
employees, officers, representatives and agents). User content
(including all representations of cards and all digital images) may
be under copyright or trade mark protection and you agree that you
assume all responsibility for either verifying the status of the
content or securing the necessary copyright releases and tradmark
releases prior to using any content published by users or published
by Yestercards, or any user submissions.
3. Application
- These Terms of Service
apply to all users of the Yestercards Website, including users
who are also contributors of images, and other materials or
services on the Website.
- The Yestercards Website may
contain links to third party websites that are not owned or
controlled by Yestercards. Yestercards has no control over, and
assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, Yestercards
will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve
Yestercards from any and all liability arising from your use of
any third-party website.
4. Yestercards Accounts
- In order to access some
features of the Website, you will have to create a Yestercards
account. You may never use another's account without permission.
When creating your account, you must provide accurate and
complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your
account password secure. You must notify Yestercards immediately
of any breach of security or unauthorized use of your account.
You agree that Yestercards will not be liable for any losses
caused by any unauthorized use of your account.
5. Your Use of Content on the Site
In addition to the general restrictions above, the
following restrictions and conditions apply specifically to your use
of content on the Yestercards Website.
- The content on the
Yestercards Website, except all Exact Digital Reproductions of
Vintage Cards and User Submissions as defined below), including
without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to
Yestercards, subject to copyright and other intellectual
property rights under the law.
- You may access User
Submissions for your information and personal use solely as
intended through the provided functionality of the Yestercards
Website. You shall not copy or download any User Submission
unless you see a “download” or similar link displayed by
Yestercards on the Yestercards Website for that User Submission.
- You may access Yestercards
Content, User Submissions and other content only as permitted
under this Agreement. Yestercards reserves all rights not
expressly granted in and to the Yestercards Content and the
Yestercards Website.
- You understand that when
using the Yestercards Website, you will be exposed to User
Submissions from a variety of sources, and that Yestercards is
not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may
be exposed to User Submissions that are copyrighted,
trademarked, inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against
Yestercards with respect thereto, and agree to indemnify and
hold Yestercards, its Owners/Operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
6. Your User Submissions
- As a Yestercards account
holder you may submit digital reproductions of non-copyrighted
vintage cards. User submitted images of greeting cards and
postcards are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are
published, Yestercards does not guarantee any confidentiality
with respect to any User Submissions.
- You shall be solely
responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User
Submissions, you agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity
rights.
- You further agree that you
will only submit digital reproduction of vintage (pre-1978
Greeting and Post Cards) that have not been artisitically
enhanced and that are otherwise a duplication of the original
image by mechanical means.
- By submission, you agree
that you are sharing a replication of non-copyrighted material
and relinquish all claims to copyright and trademark.
- Yestercards does not
endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and Yestercards expressly disclaims
any and all liability in connection with User Submissions.
Yestercards does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
Yestercards will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes
on another's intellectual property rights. Yestercards reserves
the right to remove Content and User Submissions without prior
notice for any reason.
7. Content Removal and Account Termination Policy
- Yestercards reserves the
right to decide, in its sole discretion, whether Content or a
User Submission is appropriate and complies with these Terms of
Service. Yestercards may remove such User Submissions and/or
terminate a User's access for uploading such material in
violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
8. Digital Millennium Copyright Act
- If you are a copyright
owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit
a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further
detail):
- A physical or
electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed;
- Identification of the
copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are
covered by a single notification, a representative list of
such works at that site;
- Identification of the
material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the
material;
- Information reasonably
sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an
electronic mail;
- A statement that you
have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- A statement that the
information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed.
Please send notifications
of claimed infringement is: Stephen Taylor, fax: 612-605-0407, email
copyright@Yestercards.com.
9. Limitation of Liability
IN NO EVENT SHALL YESTERCARDS, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM
YOUR USE OF WEBSITE OR ITS CONTENT (III) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YESTERCARDS
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YESTERCARDS
SHALL NOT BE LIABLE FOR USER SUBMISSIONS(INCLUDING SUBMISSIONS FROM
YESTERCARD AND ITS EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES)
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by
Yestercards from its facilities in the United States of America.
Yestercards makes no representations that the Yestercards Website is
appropriate or available for use in other locations. Those who
access or use the Yestercards Website from other jurisdictions do so
at their own volition and are responsible for compliance with local
law.
10. Indemnity
You agree to defend, indemnify and hold harmless
Yestercards, its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i)
your use of and access to the Yestercards Website; (ii) your
violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of
your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service
and your use of the Yestercards Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years
of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and
comply with these Terms of Service
12. General
You agree that: (i) the Yestercards Website shall
be deemed solely based in Minnesota; and (ii) the Yestercards
Website shall be deemed a passive website that does not give rise to
personal jurisdiction over Yestercards, either specific or general,
in jurisdictions other than Minnesota. These Terms of Service shall
be governed by the internal substantive laws of the State of
Minnesota, without respect to its conflict of laws principles. Any
claim or dispute between you and Yestercards that arises in whole or
in part from your use of the Yestercards Website shall be decided
exclusively by a court of competent jurisdiction located in Hennepin
County, Minnesota. These Terms of Service shall constitute the
entire agreement between you and Yestercards concerning the
Yestercards Website. If any provision of these Terms of Service is
deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full
force and effect.
No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term
or any other term, and Yestercards's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver
of such right or provision. Yestercards reserves the right to amend
these Terms of Service at any time and without notice, and it is
your responsibility to review these Terms of Service for any
changes. Your use of the Yestercards Website following any amendment
of these Terms of Service will signify your assent to and acceptance
of its revised terms.
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