Terms of Service

    Last updated: April 16, 2025

    Please read these Terms of Service ("Terms") carefully before using the PostcardMe website and services.

    1. Acceptance of Terms

    By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our services.

    2. Changes to Terms

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised Terms.

    3. Account Registration

    To use certain features of our services, you must register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.

    You are responsible for safeguarding the password you use to access our services and for any activities or actions under your account. We encourage you to use a strong password and to sign out of your account at the end of each session.

    4. User Content

    Our services allow you to create, upload, and share content, including photos, messages, and other materials ("User Content"). You retain all rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and improving our services.

    You represent and warrant that:

    • You own or have the necessary rights to your User Content and have the right to grant us the license described above.
    • Your User Content does not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
    • Your User Content does not contain material that is unlawful, defamatory, or otherwise objectionable.

    5. Prohibited Uses

    You agree not to use our services:

    • For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
    • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    • To submit false or misleading information.
    • To upload or transmit viruses or any other type of malicious code.
    • To interfere with or circumvent the security features of our services.
    • To spam, phish, pretext, spider, crawl, or scrape.
    • For any obscene or immoral purpose.

    6. Payment and Billing

    Certain aspects of our services may require payment. You agree to provide accurate and complete payment information and authorize us to charge your chosen payment method for all paid services.

    Prices for our services may change at any time. We will provide notice of any price changes. Continued use of our services after a price change constitutes your acceptance of the new price.

    7. Cancellation and Refunds

    You may cancel your account at any time. Due to the nature of our services, once an order for a physical postcard has been placed and processing has begun, it cannot be canceled, and refunds are generally not available. However, if a postcard is not delivered or is delivered in a damaged condition, please contact our customer support for assistance.

    8. Intellectual Property

    Our services and their contents, features, and functionality are owned by PostcardMe, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

    You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our services, except as follows:

    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your Web browser for display enhancement purposes.

    9. Disclaimer of Warranties

    Our services are provided "as is" and "as available," without any warranties of any kind, either express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

    10. Limitation of Liability

    In no event shall PostcardMe, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from your access to or use of or inability to access or use our services.

    11. Indemnification

    You agree to defend, indemnify, and hold harmless PostcardMe, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.

    12. Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

    13. Severability

    If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

    14. Entire Agreement

    These Terms constitute the entire agreement between you and PostcardMe regarding our services and supersede all prior agreements and understandings.

    15. Contact Information

    Questions or comments about the Terms should be sent to:

    PostcardMe, Inc.
    123 Main Street
    Suite 456
    San Francisco, CA 94105

    Email: legal@postcardme.com
    Phone: (555) 123-4567