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User Agreement   |   Privacy Statement   |   Site Usage Agreement   |   Disclaimers

User Agreement

The following are terms of a legal agreement ("User Agreement") between you and postcardzhome.com which by accessing, browsing and/or using this web site ("Site") you acknowledge that you have read, understood and agreed to be bound by.

These terms apply exclusively to your access to and use of this Site and do not alter in any way any other agreements you may have with postcardzhome.com for other products or services. If you do not agree to all of these terms you may not access, browse and/or use this Site. Amendments To The User Agreement: This User Agreement may be amended at any time without notice to you by posting the changes on the Site. The amended terms shall be effective once posted. You can review the most current version of the User Agreement at any time. Except for the method of amending stated in this paragraph, this Agreement may not be otherwise amended.

Termination: postcardzhome.com may, in its sole discretion, for any reason and without notice to you, terminate your access to and use of the Site and may remove and discard any of your information and content stored on the Site. Postcardzhome may choose to destroy any inappropriate material created by you on this site without notification and without reimbursement of costs at the director’s discretion should your images or copy contain inappropriate material, as deemed solely by the Postcardzhome – this decision is final. Due to the quantity of material being produced postcardzhome.com is not responsible for checking each and every image and copy produced on the site. postcardzhome.com will not be liable to you or any third party for the termination of your access to this Site or loss of your content.

Limitation of Liability: In no event will postcardzhome.com, its suppliers or other third parties mentioned on this Site, be liable for any damages resulting from or arising out of the use or inability to use this Site. This Site may provide links to other third party vendor websites. postcardzhome.com shall in no way be responsible for the availability of such external sites, and does not endorse and is not liable for any Content, advertising, products, or other materials on or available from such sites. You further agree that postcardzhome.com shall not be liable for any damage or loss caused in connection with the use of or reliance on any such Content, goods or services available on or through any such site. postcardzhome.com disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, merchantability of computer programs and informational content. Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from postcardzhome.com or through or from this website shall create any warranty not expressly stated in this user agreement. postcardzhome.com does not and cannot guarantee that the files available for downloading from this Site or third party vendor websites, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.

Indemnification: You shall indemnify and hold harmless postcardzhome.com from and against any and all losses, damages, judgments, fines, penalties, actions, suits, proceedings, losses, costs and expenses (including reasonable attorneys' and experts' fees and court costs) arising out of or in connection with your use of this Site by any person who uses this site while logged on using your account, your content and information, your default under any provision in this User Agreement, and your violation of any laws or violation of any rights of another person.

Useage Restrictions: postcardzhome.com provides print and mail services (the "Services") that allow users to create, print and mail documents via the Internet. You are solely responsible for and assume all liability arising from all correspondence that you and any other person using your account design, create, print and mail using the service. When you use the Services in any way, you agree to comply at all times with all applicable 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. Your correspondence will be mailed by the Australia Post, which may take action against you if it believes that mailing the correspondence violates any Australian law. You acknowledge that it is a violation of law and that you may be charged with a crime if any mail piece created or mailed by you contains:

1. child pornography or anything that is indecent, obscene, lewd, or indecent;

2. a threat to kidnap or injure a person, a threat to injure the property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail;

3. any matter advocating or urging treason, insurrection, or forcible resistance to any law of Australia.

Your Information and Content You represent and warrant that all information you provide to us about yourself during the registration process will be true, accurate, current and complete, and you will promptly update your information to keep it true, accurate, current and complete at all times. All information, data, text, photographs, graphics, messages or other materials ("Content") you upload, post or create using this website is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content, including the accuracy, completeness, or usefulness of the Content. We are merely a conduit for your online composition, creation, printing, and mailing of your Content.

Proprietary Rights: You agree that this Site contains proprietary information that is protected by applicable intellectual property and other laws. You further agree that the information presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by postcardzhome.com you agree not to modify, rent, sell, distribute or create derivative works based on this Site, in whole or in part.

Notice: Notices may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If we use Australia Post to send you a notice, the notice will be deemed given 3 days after the date of mailing. This Site may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the website.

General information: This User Agreement constitutes the entire agreement between you and postcardzhome.com and governs your use of this Site. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You also may be subject to additional terms and conditions that apply when you use a third-party website. This User Agreement will be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act.

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Privacy Statement

Your privacy is of utmost importance to us at postcardzhome.com.

We believe that your information is your business only and we have implemented several policies to ensure that any information you provide to us is 100% secure. The Information We Collect and How It is Used All information obtained through our site is voluntarily given. When you place an order with us, we ask for your name, phone, and verify your e-mail address.. We view your mailing lists as your private information.

Any lists you submit will solely be used for the production of your mailing. We do not give or sell our client names or information to any third parties. We track the overall use of our site by visitors to determine traffic patterns, but we do not track individual usage. We compile aggregate reports on user demographics but we do not share any information about individual users.

Our "Opt-Out" Policy you may request to be taken off of our mailing list at anytime by e-mailing us at info@postcardzhome.com or following the instructions to UNSUBSCRIBE within each newsletter.

Information Protection postcardzhome.com uses Secure Socket Layer (SSL) and firewall technology to protect the loss, misuse, and alteration of the information under our control.

State of the art encryption techniques to ensure the security of all data entered into our site. After that we purge the information to maintain the privacy of your mailing information.

Correcting and Updating Personally Identifiable Information Once you have placed an order with us and would like to change any of your contact information, please e-mail your request to us at: info@postcardzhome.com. You may also alter any of the contact information the next time that you place an order with our site. Deleting or Deactivating Your Information At this point in time, it is not possible to completely delete any information voluntarily given to postcardzhome.com. We are working on creating this option.

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Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement.

This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site under the postcardzhome.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.

Use of this site

This site is owned and operated by postcardzhome.com. All images and related informational materials in any medium provided by postcardzhome.com hereunder, including related text, captions, or information (collectively referred to as Images) are owned by postcardzhome.com and by third party suppliers. All Images are protected by Australian and international copyright laws.

postcardzhome.com makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Australian and international market. While the responsibility for the images uploaded is entirely on the users side, he/she being the one who holds all copyrights over the content of all shots. If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Sensitive Subjects

You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without postcardzhome.com's separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. You must contact postcardzhome.com for additional information prior to any use of an Image with any sensitive topic.

Each user that uploads images to our site is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. postcardzhome.com will not be held responsible for any of the materials you upload to the site.

Indemnification

You agree to indemnify, defend, and hold harmless postcardzhome.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

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Disclaimers

postcardzhome.com PROVIDES YOU WITH ITS SITE ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER postcardzhome.com NOR ANY AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL postcardzhome.com'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.Copyright

The User acknowledges that postcardzhome.com prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at postcardzhome.com.com.

By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Photographer acknowledges that he/she will provide accurate information during the time interval that the file is hosted on postcardzhome.com’s servers. postcardzhome.com reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.

The User hereby grants postcardzhome.com a non-exclusive license to post the Image on its web site and to deliver it to its audience through different media channels.

The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the User, unless otherwise mentioned by the license agreement. The User acknowledges that no monetary or financial compensation is owing or required to be paid to the User by postcardzhome.com or any of its directors, officers, employees partners, agents or members for the rights granted herein by the User.

The User agrees that neither postcardzhome.com.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The User further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.

Notification of copyright infringement

postcardzhome.com may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on postcardzhome.com's site, send postcardzhome.com a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the postcardzhome.com site; (iv) information sufficient to permit postcardzhome.com to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Indemnification

You agree to indemnify, defend, and hold harmless postcardzhome.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

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