Terms of Use
General
This Agreement (the “Terms of Use” or “Usage
Agreement”) sets forth the terms and conditions that apply to your access to
and use of our Web site. By using our Web site, you agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the
confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices.
We reserve the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time, as we deem
appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon
posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Web site that changes
have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back
and review this Usage Agreement so that you always will know what terms and conditions apply to your access to and use of this Web site. Your continued use of our Web site after such
changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Web site may change, restrict access to, suspend, or discontinue this Web site, or any
portion of this Web site, at any time.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion,
including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Mailmark, its parent, affiliates or licensees.
Ownership License
Our Web site and all content displayed on this site and all software, data and information used to provide this Web site, including
text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights,
trademarks, patents and other intellectual property rights therein or thereto, are owned by Mailmark,
its parent, affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive
right and license to access or download content from this Web site solely for your personal and non-commercial use and as necessary in connection with the
use of any services available through the Web site. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Web site or any
elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to Mailmark and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web site as authorized hereunder.
Certain Restrictions
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics
are strictly prohibited without prior express written permission of Mailmark. In addition to the foregoing limitations, you
may not frame, squeeze back, overlay or employ other techniques to enclose or display the Web site, or any trademark, logo, content or other proprietary
information (including images, text, page layout, or form) included on the Web site, with any other software or content of a third party. You may not use any meta tags or any other
“hidden text” utilizing the names or trademarks of Mailmark, its parent, affiliates or licensees without
their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not
access, monitor or copy any content or information of this Web site using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or
any manual process for any purpose
Links
This Web site may provide links or references to third party sites that Mailmark does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. Mailmark has no responsibility for the content of such
third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites.
Any such links to third party sites are provided as merely a convenience to the users of this Web site, and such links do not imply endorsement by Mailmark of such
other third party sites or the content contained therein. Mailmark disclaims all liability with regard to your access to such
linked Web sites, and access to any other Internet Web sites linked to this Web site is at your own risk. You should consult the terms of use and privacy policy of any other Internet Web site. You
release and discharge Mailmark, its parent, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such third party sites.
Product Information and Warranties
Please note that this Terms of Use applies solely to products offered for sale directly by our Web site(s) and does not apply to
products or services offered or posted by one of our advertisers or members.
You may be able to purchase certain products directly from us on our Web site. With respect to those products, we make no
express warranties whatsoever and disclaim any thereof, and all such products are sold “AS IS.” We will, however, try to pass along the benefit of any warranties provided by the
third-party manufacturer. The terms of these warranties are generally included in the materials accompanying the product.
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME.
In no event will we be liable, whether in contract, tort or under any other legal
theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages
arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to any products,
even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal
theory) in respect of any product exceed the purchase price that you paid to us for it.
Your Account
If you become a member of this Web site, you are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or
password. You are entirely responsible for maintaining the confidentiality of your account information, including your
password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of
security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Web site due to someone else using your account or password. Please see our Privacy Policy for further information regarding
your account or password.
This Web site does not sell products or services for children, but it sells them to adults, who can purchase with a credit card. We
reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Disclaimer of Warranties; Limitation of Liability
You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information,
products, and services published on or promoted over this Web site, including information, products and services referred to, advertised or promoted on or
sold though the Web site. This Web Site and all information, products or services available through this Web site are provided by us on an
“as is” basis without warranties of any kind, either express or implied. Neither Mailmark, nor any of its parent, affiliates or licensees warrant that this Web Site will
be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web site, or as to the accuracy,
reliability or completeness of content or any information, service, or merchandise provided through this Web site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER MAILMARK, ITS PARENT,
AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE
INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. MAILMARK
, ITS PARENT, AFFILIATES AND LICENSEES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT
LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL
MAILMARK, ITS PARENT, AFFILIATES OR ITS LICENSEES OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ACCESS TO, OR THE USE OF, OR INABILITY TO USE THIS WEB
SITE OR ANY PRODUCTS OR SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF MAILMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of Mailmark, its parent, affiliates or licensees arising
out of any kind of legal claim arising out of or otherwise related to this Web site will not exceed the amount you paid, if any, for the use of this Web site
or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Use at Your Own Risk
We provide the material available through this Web site for informational purposes only. You may only use the material and the services
available through this Web site for your personal and non-commercial use. Before you act on any information you’ve found on our site, you should independently confirm any facts that are
important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN
RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY INFORMATION, DATA OR
MATERIALS DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.
Materials Submitted by Other Users
We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You
may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals
and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a
celebrity or “expert” guest, or from a member of our staff.
Data Security
We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent
unauthorized access, maintain data security, and correctly use the information we collect online.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant
and do not guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
Any personally identifiable information provided by you in electronic communications to the Web site is governed by this Web site’s
Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy
Policy, the terms of which are incorporated in this Usage Agreement by reference.
Use of Communications Services
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve
the right to do so and to use any other forms of information available to us by virtue of your use of our Web site (including, for example, reverse IP address
inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Web site, our
customers, the public or Mailmark and its parent, affiliates or licensees. We reserve the right (but assume no obligation) to review the content of this Web site, including
blogs, message boards, chat rooms, listings, forums, and other information posted to the Web site to determine compliance with this Usage Agreement and operating rules established
by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that
come to our attention that we consider unacceptable or inappropriate, whetherfor legal or other reasons.
By using this Web site, you agree not to post, submit or transmit through this Web site any
material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains
advertising or any solicitation with respect to products or services. The sender of any communications to this Web site or otherwise to the owners of this Web site shall be solely
responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all
rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to
or through this Web site and agree that you will indemnify and hold Mailmark harmless from and against any
claims, damages or losses related to such content or other material.
We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgment,
interferes with the ability of others to enjoy our Web site or infringes the rights of others. We will comply with the requirements of the law regarding
disclosure of any messages to others, including law enforcement agencies.
Posted Materials
You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas
(collectively, “Ideas”) to us via this Web site, whether by submission to a public area of the Web Site (e.g., blogs or message boards) or by other
communication to us through email or other means of electronic communication facilitated by the Web site. Although Mailmark does not claim ownership of content that its users post, by
submitting communications, materials or Ideas to any public area of this Web site, you grant Mailmark, its
parent, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate,
translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any
form, media or technology now known or hereafter on a worldwide basis. You also permit any other user of this Web site to access, view, store or reproduce the material or ideas for that user’s
personal use. Such purposes may include disclosure to third parties. By posting or disclosing such information, you hereby waive any claim that Mailmark misappropriated
any such Ideas, materials or any portions of your communication.
Copyrights
Mailmark respects the rights of all copyright holders and in this regard
has adopted and implemented a policy that provides for the removal of content from the Web site under certain circumstances. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide Dominion Enterprises’ Copyright Agent the following information required by the Digital Millennium
Copyright Act, 17 U.S.C. 512:
-
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 information
reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to
contact the complaining party (e.g., address, telephone number and email
address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact Dominion
Enterprises’ Copyright Agent at: Mailmark c/o Dominion Enterprises, Intellectual Property Administrator, P.O. Box 2576, Norfolk, VA 23501 or IPadministrator@dominionenterprises.com.
Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the Web site, or to identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web site, including our customers. We reserve the right at all times to disclose any information
that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we
determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through the Web site or any service offered on
or through the Web site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of Mailmark, its employees, users of or visitors to the Web Site, and the public.
Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior
notice, terminate your access to the Web site and/or block your future access to the Web site if we determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated with your use of the Web site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to
our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other
remedies Mailmark may have at law or in equity.
Miscellaneous
Use of this Web site by you for spamming is strictly prohibited. By using this Web site, you agree not to use
information concerning other users of this Web site, or any items such users have listed or searched for on this Web site (including listing information,
user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the
item. You may not post information directed to or collect personal information from any minor.
This Terms of Use agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts in Norfolk, Virginia, U.S.A., in all disputes arising out of or relating to the use
of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Mailmark as a result of this agreement or use of this Web site.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
You shall use this Web site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our
Web site will not be permitted.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site, which includes any
discontinuance or material modification of the Web site or any service offered on or through the site, or due to any unexpected technical issues or problems.
We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Mailmark. You agree that Mailmark will not be liable to you or to any third
party for termination of your access to the site as a result of any violation of these Terms of Use.
All prices are subject to change without notice.
Color Proofing and Matching
Mailmark is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
Mailmark will try it's best to match the gradient density of each color, however, Mailmark is not liable for the final appearance of a color.
Important : Gang-run printing is multiple (and different) customer jobs are combined on a large print sheet, and run at the same time.
For example, we layout 10 different postcards on one gang-run sheet, and run the sheet 1000 times to get 10 sets of 1000 cards .
Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color, offset job among 10 customers.
Application of UV Coating may effect or change the appearance of the printed colors. Mailmark is not liable for the final color appearance of a UV product(s).
Order Cancellation
Mailmark will be happy to help you cancel your order prior to final printing. However, cancellation request must be made via phone (818-407-0660) during normal
business hours (M-F 9am-5pm PST) excluding holidays.
Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If job is canceled, any labor hours (proof, graphics design, etc.), administrative fees (credit cards fees, etc.) or processing fees (printing, etc)
will be subtracted from your refund. Minimum is $15 (15%-30% of total transaction.) NO REFUNDS will be issued once the order has been placed successfully and product
has been shipped.
Returns and Refunds
Since each order is unique to customer and has no re-sale value, ALL SALES ARE FINAL. If we verify that we made an error, we will re-print the order.
NO REFUNDS or CREDIT. Customer must notify Mailmark within 6 business days of order acceptance to notify any defects discovered in the ordered product.
In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery
was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
All orders that are being returned must be shipped by customer's own expense.
Order Shipping and Delivery
Mailmark will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Mailmark be liable for any consequential
or damages resulting from any delay in shipment or delivery. You agree not to hold Mailmark liable for delays in shipments caused by weather conditions,
shipping company delays, international customs issues or any other circumstances beyond Mailmark's direct control. Mailmark will always act to make sure that
delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process.
In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable.
However, technical difficulty will not be the grounds for order cancellation. Mailmark is not responsible for 3rd party shipping errors, omissions or damaged shipments.
Questions
If you have further questions that were not addressed in the above policy, please contact us at Mailmark c/o Dominion Enterprises, Intellectual
Property Administrator, P.O. Box 2576, Norfolk, VA 23501 or IPadministrator@dominionenterprises.com.
Mailmark is a division of Dominion Enterprises.