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Simply Postcards Terms and Conditions

1. Acceptance of Terms: Hello and welcome to the Simply Postcards terms and agreement. Simply Postcards is an application that lets you send real, physical postcards to friends and family members from your mobile device. All terms and conditions apply to the Simply Postcard application, website, and associated properties, including but not limited to, our facebook page, twitter account and other promotional pages. By using this site, application or by engaging in any of Simply Postcards promotions, you agree to be bound by these terms of use. If you do not agree to these terms, do not use this application or this site.

2. Simply Postcards Use: Use by you of Simply Postcards databases, materials, services or system is subject to all applicable laws and regulations and these disclaimers and standard conditions, all of which are subject to change and revision without prior notice. Simply Postcards may (a) supplement or make changes to these standards, its rules of operations, access procedures, documentation and security procedures or features, (b) change the type and location of Simply Postcards system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in any Simply Postcards database, material, service or system.

i. Simply Postcards is directed to persons over the age of 18 or ages 13 to 18 who have the consent of their parent or guardian. The site and service are for personal, non-commercial use only. Refrain from using the services provided on the site to send unsolicited emails, bulk mail, spam or other materials to users of the site or any other individual or entity. Do not use the services provided on the site to harass, threaten, stalk or abuse users of the site. You may not solicit funds or promote commercial activity on the site or within the service. As well, you may not modify, copy, reformat, distribute, transit, license, publish, create or sell any content or service provide on www.SimplyPostcards.net

ii. When you use Simply Postcards in any way such as creating and mailing postcards, you will comply at all times with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity. If you mail a postcard outside the United States, you will comply with the laws of the country to which the postcard is mailed.

3. Simply Postcards Membership: To access some of our services you will have to become a member by providing your email address and password into the application. You agree that all information which you submit ("Membership Information") is true and complete, and that you will update your Membership Information to keep this information current.

4. Simply Postcards Credits and Expiration Policies: You may purchase credits through the application using any major credit card or via the third party Paypal. Prices are subject to increase, change, or decrease without notice. With said credits, you may send postcards via the Simply Postcards application. If you are not satisfied with Simply Postcards services for any reason and would like a refund of purchased credits, contact support@simplypostcards.net within 30 days of your purchase. You will not receive any interest on the value of any unused balances in your account. If you do not use Simply Postcards credits in your account within two years of the date of their purchase, your right to use the balance of those postcard credits will expire and they will be removed from your account. You will not have any right to receive a refund for any of the expired postcard credits. After expiration date, unused credits are non-refundable and will be removed from your account. Simply Postcards reserves the right to issue free postcards at their discretion and reserves the right to cancel said free cards after 3 months if left unused. Simply Postcards has right to remove free credits from account with wrong or faulty info. Ex: non-functional email address

5. Sending Postcards: Simply Postcards does not in any way involve itself in the creation or modification of postcards and does not routinely screen or review the content of the postcards. You are solely responsible for and assume all liability arising from all postcards that you, and any other person using your account, send. If a third party notifies us of a problem postcard, or if we become aware of a problem postcard created in your account, we may review the postcard and take any action with respect to the postcard that we deem necessary in our sole discretion, including, but not limited to, refusing to mail the postcard. The fact that we review a postcard and allow the postcard to be mailed does not mean that: (1) we approve or endorse the content of the postcard, (2) the postcard complies with all applicable laws, or (3) you will not incur any liability or harm arising from the postcard.

i. The return address automatically populates based on the last postcard that was sent.
ii. You may not use any content, including but not limited to, photographs and texts that you do not own and bear all risks associated with the use of any of your content.
iii. Simply Postcards is not responsible for the layout or design of your postcard
iv. Simply Postcards is not responsible for checking text or graphic before printing or mailing

All postcards are printed and mailed one day after they are submitted through the Simply Postcards application, except in some cases on Saturday.  Some postcards submitted on Friday will be mailed out the following Monday.  Postcards should arrive in 2-3 days if shipped to a US address, but may take around a week if mailed internationally. Simply Postcards is not responsible for postcards that are lost while in postal transit, but will generally work with the parties involved to rectify the situation.

6. Posting Content on Simply Postcards site and associated properties: Refrain from posting content on the Simply Postcards site or associated property that is obscene, vulgar, harmful or offensive in nature or posting any content that is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of Simply Postcards or any third party. Simply Postcards has the right to remove and/or delete any content that it deems profane or objectionable on any of its associated properties without notice. By posting materials to Simply Postcards properties, you consent to such removal and waive any claim against Simply Postcards for said removal or deletion.

7. Indemnity: You agree to indemnify, defend and hold harmless Simply Postcards from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, download, post or transmit through the Site; (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of this Agreement. If any part or parts of these disclaimers or standard conditions are held to be invalid, the remaining parts will continue to be valid and enforceable.

8. Joint Venture: Nothing in this Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and Simply Postcards. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms of Use.

9. Simply Postcards may Cooperate with Third Parties. You authorize Simply Postcards and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes, but is not limited to, shoot it! voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all of Your Information and your Content.

10. Third Party Links: Links within the Simply Postcards site may let you leave the Simply Postcard system. You acknowledge that the linked sites are not under the control of Simply Postcards and that Simply Postcards is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Simply Postcards is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Simply Postcards of the linked site or any association with their operators.

11. Copyright, Trademarks, and other Intellectual Property
i. All material and content contained on this Site, including but not limited to text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content on this Site, are the property of Simply Postcards or its members, as the case may be, and are protected by United States and international laws
a. you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices
b. you make no modifications to the materials
c. you do not download quantities of materials to a database that can be used to avoid future downloads from this Site
ii. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form

12. Termination: Simply Postcards in its sole discretion without notice to you, may terminate your access to its website or your use of any feature of its services, remove and discard any of your Information stored on the website, refuse to mail any postcard and/or terminate this website, or any feature on the website and its services. Simply Postcards will not be liable to you or any third-party for any suspension or termination of your access to this application or to your account, except Simply Postcards will refund to you any unused amounts credited to your account.

13. All contents of this website are copyright Simply Postcards 2010

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