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. 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. 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.
