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Terms of Service | Savethedatemagic

 

Terms of Use

These Terms of Use ("Terms") contain the legal terms and conditions that apply to your use of and access to Savethedatemagic.com ("Website"), owned and operated by Savethedatemagic.com. By visiting this Website, you have agreed to follow and abide by these Terms, and the terms and conditions of Savethedatemagic's Privacy Policy, which is incorporated herein by reference. Savethedatemagic reserves the right to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of this Website following the posting of changes will mean that you accept and agree to the changes. If you do not agree to these Terms, please do not use this Website.

Use of this Website

By hacking, password "mining" or any other illegitimate means, you may not attempt to gain unauthorized access to (i) any portion or feature of this Website, (ii) any other systems or networks connected to this Website; (iii) to any Savethedatemagic server; or (iv) to any of the services offered on or through this Website. When you submit materials through this Website, whether or not the materials are part of your order, you represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Savethedatemagic or its affiliates for all claims resulting from content you supply. Savethedatemagic has the right, but not the obligation, to monitor and edit any content you submit and to prevent or prohibit any conduct. Savethedatemagic takes no responsibility and assumes no liability for any content provided by you or any third party or for any conduct or activity engaged in by you or any third party. You acknowledge and agree that Savethedatemagic is not responsible or liable for the availability or accuracy of any links to third-party websites Savethedatemagic may provide on this Website, and that Savethedatemagic does not endorse such websites. You assume all risk arising from your use of any such third-party websites.

Copyrights and Trademarks

All content on this Website, including but not limited to text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, scripts, service names, and the compilation of any content, and the intellectual property rights therein are the sole and exclusive property of Savethedatemagic or its content suppliers, protected by United States and international law. All software used on this Website is the exclusive property of Savethedatemagic or its software suppliers and protected by United States and international laws. Savethedatemagic's trademarks and trade dress may not be used in connection with any product or service that is not Savethedatemagic's, or in any manner that is likely to cause confusion among customers, or which disparages or discredits Savethedatemagic. Trademarks not owned by Savethedatemagic or its affiliates that appear on this Website are the property of their respective owners, who or which may or may not be affiliated with, connected to, or sponsored by Savethedatemagic or its affiliates.

Communications and Content

When you visit this Website or send e-mails to us, you are communicating with Savethedatemagic electronically, and you consent to receive communications from Savethedatemagic electronically. Savethedatemagic will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that Savethedatemagic provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties; Limitation of Liability

This Website is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. Savethedatemagic does not warrant that this Website, its servers, or e-mail sent from Savethedatemagic are free of viruses or other harmful components. You expressly agree that your use of this Website is at your sole risk.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Savethedatemagic DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, COURSE OF DEALING, COURSE OF PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Savethedatemagic disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of this Website; (b) regarding the goods, services, advice, information or links provided by any third parties; (c) that this Website will meet your requirements; or (d) that this Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Savethedatemagic, will create any warranty not expressly stated in these Terms.

IN NO EVENT WILL Savethedatemagic, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS OR SUCCESSORS IN INTEREST, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES INCURRED BY THIRD PARTIES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not be relevant to you, and you might have additional rights.

Indemnity

You agree to indemnify and hold Savethedatemagic, its affiliates, their respective officers, directors, shareholders, predecessors and successors in interest, employees and agents, ("Indemnified Parties") harmless against any demands, loss, liability, claims or expenses (including attorneys' fees), made against any of the Indemnified Parties by any third party due to, arising out of or in connection with your use of this Website. If Savethedatemagic takes any legal action against you as a result of your violation of these Terms, Savethedatemagic will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Savethedatemagic.

Procedure for Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Savethedatemagic's Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying Savethedatemagic and its affiliates that you believe your copyrighted material has been infringed.)

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed upon.

  • A description of where the material that you claim is infringing is located on the site.

  • Your address, telephone number, and e-mail address.

  • 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.

  • 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.

Savethedatemagic's Copyright Agent for notice of claims of copyright infringement on its Website(s) can be reached as follows:

Copyright Agent
Savethedatemagic Legal Department
c/o: 307 West Park Avenue, Suite 214
Tallahassee, Florida 32301
phone: (866)673.9206
e-mail: service@Savethedatemagic.com

General Terms

You agree that these Terms, and all matters relating to your access to or use of this Website, including without limitation all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Leon County, Florida. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Savethedatemagic's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, void or otherwise unenforceable, you agree that the remainder of the Terms shall be enforceable. Savethedatemagic shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction.

Savethedatemagic.com provides quality products, however, we are not responsible for any errors. We do not proofread our products, therefore, the buyer assumes responsibility to make certain all spelling; postmarks, grammar and punctuation is correct at the time of the approving their order with or without a proof.

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We do not grant refunds on any products that have already been printed. If we are responsible for the error, we will reprint your order or provide you with a store credit.

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Savethedatemagic.com cannot assure quality images if the photo you upload to us is not at least 300 dpi at 100% of the size they are to appear on your order.

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Savethedatemagic.com does not provide “match printing” and we do not guarantee the color you see on your monitor or printer will match our final printed product.

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Savethedatemagic.com provides does not guarantee turnaround times for orders. Delays may occur and we make no guarantees about time in transit of any shipping methods. Buyer assumes all risk of possible delays in delivery. In the event an order is lost or misplaced while in transit, Savethedatemagic.com will respond in writing, within 5 business days, from the time we were notified in writing by the buyer. We assume no liability for loss of business or other damages, whatsoever.

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Savethedatemagic.com reserves the right to contact you by phone, e-mail or U.S. Mail about your order.

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Savethedatemagic.com is not responsible for the customer adding stamps, decals, labels or other items on our products after the customer has received them. Should a customer wish to add custom designed stamps to a postcard order, we recommend the oversized postcard size. We cannot quarantee or provide estimates of what things will fit on your purchased products. It is, therefore, best to wait until you receive your order to add additional items. We are also not responsible for sizing envelopes for any of our products when envelopes are not purchased with your order from savethedatemagic.com.

Permission to Reproduce Art and Images*  In consideration for the reproduction of the Art uploaded by the Customer, the Customer represents and warrants that Customer is the owner of the copyright in all Art submitted for reproduction by Savethedatemagic.com or has otherwise secured the right to reproduce the Art. By placing an order with Savethedatemagic.com, the Customer represents and warrants that it has obtained written authorization from the owner of Art to reproduce any Art submitted and to defend and indemnify Customer and Savethedatemagic.com from any suit, claim or demand arising out of such reproduction. The Customer will and does hereby indemnify, defend and hold Savethedatemagic.com harmless from any suit, claim or demand arising from the reproduction of Art. Such indemnification shall include, but not limited to, actual and statutory damages, fines, attorney’s fees that may be awarded or incurred and all other legal costs.

*Disclaimer: 

We do not accept responsibility for the quality of the images you upload to us. Please follow our upload specifications. If you do not specify a file, photo or image on your order form for the front or backside of the postcard, it will be left blank. All graphics and photographs on our site are protected by U.S. copyright, international treaties and other applicable copyright laws and may not be copied without the express permission of this web site that reserves all rights. The re-use of any of our graphics and photographs for any purpose without our permission is strictly prohibited. Prohibited Content: Our goal is to promote your company or your announcement while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the Content/action restrictions set forth, the following content is prohibited on postcards: Content involving nudity. Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment. Content that is or may be deemed to be grossly offensive including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity. Content promoting or providing instructional information about illegal activities. Content depicting cruelty to animals. Copyrighted content or materials that is used without the express permission of the owner. We may examine any content submitted to us at any time and maintain the absolute right (but not the obligation) to refuse to print said content for any reason or no reason, at any time, with or without notice.

Effective July 8, 2008
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