My Personal Postcard mobile phone app and service
Definitions / Summary
THE APPLICATION AND SERVICES PROVIDED ON THE APPLICATION ARE DIRECTED TO PERSONS OVER THE AGE OF 18. THE APPLICATION AND SERVICES ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. YOU MAY NOT SOLICIT FUNDS, PROMOTE COMMERCIAL ENTITIES OR OTHERWISE ENGAGE IN COMMERCIAL ACTIVITY ON OUR APPLICATION OR IN OUR DISCUSSION FORUMS. NOR MAY YOU MODIFY, COPY, REFORMAT, DISTRIBUTE, TRANSMIT, LICENSE, PUBLISH, CREATE DERIVATIVE WORKS OR SELL ANY CONTENT OR SERVICE PROVIDED ON THIS APPLICATION.
All visitors to the application are subject to basic rules of conduct while using and accessing the services. By using the services and accessing this application you agree to:
1. Refrain from violating applicable federal, state and international laws;
2. Refrain from using the services provided on the application to harass, threaten, stalk or abuse;
3. Refrain from using the services provided on the application to harm minors;
4. Refrain from posting content on the application 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 My Personal Postcard or any third party;
5. Refrain from interfering with others’ use of the application;
6. Refrain from using the services provided on the application to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the application; and
7. Refrain from using the services to create a false identity or to impersonate another person.
These rules are only the minimum level of conduct that we expect at our Application. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our discretion, to suspend or terminate your right to use the services provided on the Application, if you violate any of the aforementioned rules of conduct or engage in other offensive conduct.
Copyrights, Trademarks and Other Intellectual Property
All material and content contained on this Application, 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 Application, are the property of My Personal Postcard or its members, as the case may be, and are protected by Australian and international laws. All trademarks, service marks, and trade names are proprietary to My Personal Postcard. No material from this Application may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on this Application. You acknowledge that you do not acquire any ownership rights by downloading material from this Application.
In the event you download software from this Application, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by My Personal Postcard or third party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a readable form.
Except for allowing individuals to use this Application for personal, noncommercial use explained above, users are not granted a license or any other rights from My Personal Postcard, including the intellectual property rights or other proprietary rights of My Personal Postcard or third parties.
(a) evidence of your authorization to act on behalf of the owner of the copyrighted work;
(b) a description of the copyrighted work that you claim has been infringed;
(d) your address, telephone number, and email address;
(c) a description of where the alleged infringing material is located on the Application;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(g) your physical or electronic signature.
My Personal Postcard’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
As part of your use of the Application and Services, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may post (collectively, the “Posted Content”) on the Application. You hereby grant My Personal Postcard an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content on the Application and to promote and advertise the Application and Services in any way. In connection with the operation and promotion of the Application and Services, you agree that My Personal Postcard has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. For example, My Personal Postcard may use the Posted Content to promote the Application and Services as part of a book, magazine, screen option, demonstration or brochure.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including reapplication consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
MY PERSONAL POSTCARD HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST MY PERSONAL POSTCARD FOR SUCH REMOVAL AND/OR DELETION.
YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT AND THAT MY PERSONAL POSTCARD MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT.
MY PERSONAL POSTCARD IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS APPLICATION. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE APPLICATION.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that My Personal Postcard has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Application is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Application, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, My Personal Postcard by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by My Personal Postcard.
Membership and Billing
To access some of our Services you will have to become a member by completing a registration form. 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 true and complete.
Passwords and Security
Upon becoming a member of the Application, you will create a password. You are solely responsible for any use of or action taken under your password on the Application. Your password may be used only to post Posted Content, electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Application and Services in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release My Personal Postcard from any and all liability concerning such transactions or activity. You agree to notify My Personal Postcard immediately of any actual or suspected loss, theft or unauthorized use of your account or password. My Personal Postcard has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. My Personal Postcard will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
My Personal Postcard collects and maintains personal information entered by users on our application. Such information may include user preferences or suggestions, e-mail addresses, billing and shipping information or any other information that a user may give to us. We collect such personal information when a user registers at our site, signs up for a service, purchases products, fills out a feedback or request form, enrolls in a promotion or sweepstakes or participates in interactive activities on our site.
My Personal Postcard uses personal information to provide and enhance services, respond to inquiries and provide personalized content. Each user’s name, address, e-mail address and other information is stored on our database. Personal information may also be used to track user activity so that we may better understand your preferences. My Personal Postcard may also use your personal information to contact you about promotions, products or services that we believe may be of interest to you. If you prefer not to be contacted with this information, please may opt out by reply email.
My Personal Postcard also use non-personally identifying information to improve the design and content of our application. We may also use this information to analyze application usage.
My Personal Postcard will disclose information we maintain when required to do so by law or where reasonably necessary to protect our rights or a third party’s rights, for example, in response to a court order, a subpoena, a request by a law enforcement agency or to respond to claims that any content violates the right of third-parties.
Third Party Applications
Users may gain access to third party applications on the Internet from the Application through hypertext or other computer links. Such third party Applications are not within the supervision or control of My Personal Postcard and we do not make any representations or warranties whatsoever about any third party application that is linked to this application. A link to a third party application from this Application does not constitute an endorsement of the products or services offered on such third party application.
Many disputes arising out of or relating to this Agreement or use of the Application or Services shall be resolved in accordance with the laws of the Australia, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Application must be brought in the courts of Australia. and you irrevocably consent to the exclusive jurisdiction and venue of such courts. My Personal Postcard makes no claim that the Application may be lawfully viewed or that content may be downloaded outside of Australia. Access to the content may not be legal by certain persons or in certain countries. If you access the Application from outside the Australia, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
The prevailing party in a dispute relating to this Agreement and/or the use the Application and Services will be entitled to reasonable attorneys’ fees and litigation expenses including travel and living expenses, photocopying expenses, court and deposition transcript expenses, and court costs and related expenses.
You agree to indemnify, defend and hold harmless My Personal Postcard 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 Application and/or any material or content you submit, download, post or transmit through the Application; (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.
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. My Personal Postcard may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
Disclaimer of Warranties
USE OF THIS APPLICATION AND THE SERVICES IS AT YOUR OWN RISK. THIS APPLICATION AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” BASIS. MY PERSONAL POSTCARD DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. MY PERSONAL POSTCARD IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS APPLICATION. MY PERSONAL POSTCARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS APPLICATION, ANY SERVICES PROVIDED ON THE APPLICATION OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS APPLICATION. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, MY PERSONAL POSTCARD AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE PRODUCTS OR SERVICES PROVIDED ON THIS APPLICATION. BY USING THIS APPLICATION, YOU ACKNOWLEDGE THAT MY PERSONAL POSTCARD IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE APPLICATION; (2) DOWNLOADING ANY INFORMATION CONTAINED ON OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION OR SERVICES; OR (3) EMAILS SENT FROM THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT MY PERSONAL POSTCARD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE APPLICATION OR SERVICES OR ANY ADVICE OR INFORMATION, OBTAINED BY YOU FROM MY PERSONAL POSTCARD WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
Limitation On Liability
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT ALLOWED BY LAW, THAT MY PERSONAL POSTCARD IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE APPLICATION AND SERVICES, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF APPLICATION, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING EMAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF MY PERSONAL POSTCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MY PERSONAL POSTCARD’s LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In most cases, when we refer to “My Personal Postcard” in the Agreement, we also mean its agents, representatives and employees.
No failure of My Personal Postcard to enforce any of its rights under the Agreement will act as a waiver of such rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application and Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any portion of any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect.
Headings used in this Agreement are for convenience only and have no legal or contractual significance.