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1.
Introduction
Welcome to Stampics.com. Please read these
Terms and Conditions ("Terms") carefully
as they contain the legal terms and conditions
that you ("you") agree to when you access
and use this website (the "Website"), and/or
purchase Stampics.com. By placing
an order you accept these Terms and you
acknowledge these Terms constitute a binding
agreement between you and Stampics.com.
In addition, you agree to faithfully comply
with all rules and requirements that appear
during your order process on the Website.
2. Pricing, Products and Policies
Pricing, retail policies and shipping applicable
to the purchase are set forth on the Website,
and are incorporated into these Terms by
reference. All costs and fees are quoted
in U.S. dollars. 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.
3. Content Restrictions
You agree not to use the Stampics website
or service:
A. To upload, order for print, or otherwise
transmit or communicate any material that
you do not have a right to transmit or communicate
under any contractual or fiduciary relationship
or which infringes any copyright, trademark,
patent or other intellectual property right
or any moral right of any party;
B. To upload or otherwise transmit any material
which is likely to cause harm to the Stampics
service 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 Stampics
service or which may cause any defect, error,
malfunction or corruption to the service;
and
You agree that if Stampics.com, in its sole
discretion, determines that any material
you upload may not meet these content requirements,
Stampics.com may reject your order without
explanation. Stampics.com reserves the right
to charge a processing fee of $10.00 for
each image, graphic or photograph that you
submit as an order in the Stampics service
which violates our content restrictions.
4. Suspension and Termination of Access
You agree that Stampics.com may at any time
without notice:
A. Refuse to accept your orders for Stampics
service;
B. Move or suspend any part of the Stampics
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 Stampics.com's sole discretion, you
fail to comply with any of these Terms or
if a competent regulatory authority requires
Stampics.com to do so.
5. Copyright
You are responsible for all of the images
you upload to our site. You must have the
legal right to copy and display each image
that you upload, share or print. 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 Stampics labels created using this service
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. You authorize
Stampics.com 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 material
and any other information you have disclosed
to us to the copyright owner or its agent
and destroying all alleged infringing material.
Stampics.com may also suspend or terminate
the account of a customer who appears to
be infringing Intellectual Property, and
may take further appropriate action.
6. Age and Geographical Requirements
You must be at least 13 years of age to
use Stampics by Stampics.com. If you, your
parent, or guardian has any concerns please
feel free to contact us. In addition, Stampics.com
only accepts orders that are shipped to
locations within the United States of America
and its territories.
7. Privacy
Stampics.com has a firm commitment to safeguarding
your privacy. Please review Stampics' Privacy
Policy. The terms of Stampics' Privacy Policy
are incorporated into, and considered part
of, these Terms.
8. Indemnity
You agree to indemnify and hold Stampics.com
and its subsidiaries, affiliates, officers,
shareholders, employees, agents, printers,
contractors, vendors, co-branders, suppliers,
internet service providers, and partners
harmless from any loss, cost, claim, demand
or other harm of any kind, including reasonable
attorneys' fees, due to or arising out of
your use of the Website, your content and/or
images, your use of the Stamps, your default
under any provision in these Terms, your
violation of any laws and your violation
of any rights of another person.
9. Third Party Links
This Website may provide links to third-party
sites that might be of interest to you.
We have no control over the content or availability
of the contents of these sites. It is your
responsibility to become familiar with each
site's privacy and other policies and terms
of service, and to contact that site's Webmaster
or site administrator with any concerns.
10. Disclaimer of Warranties
THE STAMPS, SERVICE, WEBSITE, CONTENT AND/OR
MATERIALS AVAILABLE THROUGH Stampics.com
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, Stampics.com EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Stampics.com MAKES NO WARRANTY THAT ITS
WEBSITE OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT THIS
WEBSITE OR OUR SERVER IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. Stampics.com
MAKES NO WARRANTY REGARDING ANY SOFTWARE,
GOODS, SERVICES, SPECIAL OFFERS, OR THE
DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES,
PURCHASED, ACCESSED OR OBTAINED THROUGH
THIS WEBSITE OR ADVERTISED THROUGH THIS
WEBSITE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, UNDER NO CIRCUMSTANCES SHALL Stampics.com
BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF Stampics.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT
FROM THE USE OR THE INABILITY TO USE THE
WEBSITE OR SERVICES, FROM ANY CHANGES TO
THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL OR OTHER TYPES OF DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
12. Amendment of the Terms
We reserve the right to amend these Terms
from time to time at Stampics.com's sole
and absolute discretion. If you continue
to use the Website and the services offered
therein after any such changes, you will
be deemed to have accepted those changes.
13. Applicable Law and Jurisdiction
These Terms shall be governed by and construed
in accordance with the laws of the State
of Georgia. Any disputes arising under or
in connection with these Terms shall be
subject to the jurisdiction and venue of
the state and federal courts located in
Atlanta, Georgia.
14. General Information.
No agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship is
intended or created by these Terms. We may
assign our rights and responsibilities hereunder
without notice to you. The failure of a
party to exercise or enforce any right or
provision of these Terms 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.
All items purchased through Stampics by
Stampics.com are made pursuant to a shipment
contract. This means that the risk of loss
and title for such items pass to you upon
our delivery to our carrier.
If any part of these Terms is held to be
invalid or unenforceable, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
most closely matching the intent of the
original provision and the remainder of
the Terms will continue in effect.
These Terms constitute the entire agreement
between you and us with respect to this
Stampics service, and supersede all other
communications, written or oral, with regard
to the service.
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