Postcardly LLC

Terms and Conditions of Use

Effective March 1, 2011

1. Acceptance of Terms

By using our Service, you are agreeing to be legally bound by this "Terms and Conditions", all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You represent and warrant to Postcardly you are at least eighteen years of age. If you do not agree with any of these terms, you are prohibited from using the Service or accessing this site. If you violate these Terms and Conditions, Postcardly will terminate your Service and prevent your future use of the Service.

2. Accounts and Service Plans

Your account is created and protected by your email address and password. You are responsible for the confidentiality of that password. You are responsible for the use of the Service from your email address or any approved sender email addresses you add to your account.

Your account has a service plan. The plan details the number of postcards you may send over a set time period and the amount Postcardly will charge your credit card for that time period or number of postcards. You may change your service plan. If you're changing to a higher-priced plan, Postcardly will that day charge your credit card the difference between the old and new plan and increase your allotted postcards. If you're changing to a less-expensive plan, Postcardly will change to your new plan on your next billing date.

The available plans may change at any time. Your existing plan will be grandfathered to your account, if that plan is no longer available on the website.

3. Overage fees

Your account has a setting to allow you to exceed the number of postcards in the time period in exchange for an overage fee. Postcardly will either charge your credit card for the overages on your next billing date or we may charge the fees immediately.

4. Account holds and cancellations

You may put your account on hold at any time. Postcardly will not create postcards from your emails for accounts under a hold. When you remove the hold, Postcardly will charge your credit card for your selected plan. This will create a new billing date for your account.

You may cancel your account at any time. This is irreversible. It will take away any unused postcards for that time period and not refund any money.

Postcardly may terminate your account if you do not maintain a valid credit card or violate these terms and conditions.

5. Customer Content

In using the Service, you will email text and images to Postcardly. These will printed into postcards and mailed to your intended recipient. You will retain ownership of the text and images. Postcardly and its printer will at least monthly delete the text and images.

You represent and warrant that you own or possess the rights to your text and images. Your text and images do not infringe on the intellectual rights of third parties. Your text and images will not be unlawful, fraudulent, threatening, libelous or obscene. Text and images going to United States military addresses have special rules you must adhere to. These rules are summarized at http://www.usps.com/supportingourtroops/mailingrestrictions.htm

Postcardly and the printer will routinely spot check a few postcards, but are not screening them. You are responsible for text and images of postcards sent by you and your approved senders.

If the US Postal Service does not deliver your postcard, we are under no obligation to refund your money.

6. Governing Law

Any claim relating to Postcardly's web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree the sole jurisdiction and venue for any litigation arising from your use of the Service or website shall be in an appropriate federal or state court located in King County, Washington.

7. Disclaimer

The materials on Postcardly's web site are provided "as is". Postcardly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Postcardly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

8. Limitations

In no event shall Postcardly or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Postcardly's Internet site, even if Postcardly or a Postcardly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Revisions and Errata

The materials appearing on Postcardly's web site could include technical, typographical, or photographic errors. Postcardly does not warrant that any of the materials on its web site are accurate, complete, or current. Postcardly may make changes to the materials contained on its web site at any time without notice. Postcardly does not, however, make any commitment to update the materials.

The materials contained in this web site are protected by applicable copyright and trade mark law.

10. Site Terms of Use Modifications

Postcardly may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

11. Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, then the remaining provisions shall nevertheless continue in full force and effect.

Contact Us

If you have any comments or questions, please contact us at help@postcardly.net