Post Heritage Inc. (Post Heritage) provides service to you subject to the following terms of service, which may be updated by us from time to time without specific notice to you. These Terms of Service apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Please read these Terms of Service carefully.
These Terms of Service contain an arbitration and class action waiver provision in the Dispute Resolution section below that impacts your rights under these Terms of Service and with respect to any disputes between you and Post Heritage or our affiliates.
Rules of Conduct
The following Rules of Conduct apply to your use of the Website and our other services, and to any User Submissions. You agree not to collect or use any personally identifiable information ("Personal Information"), including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. In addition, when using our Website or other services, you may not:
Intellectual Property Infringement
Post Heritage respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Post Heritage and the Website, including if you access Post Heritage services via a Third Party Platform (defined below), you may not post any User Submission or product design (“Design”) that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. Post Heritage reserves the right, in its discretion, to remove any User Submission or reject any Design if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights.
If you believe that any User Submission or Design infringes your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm these requirements with respect to copyright claims):
6.A statement, sworn under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Intellectual Property Complaints Post Heritage
138 12th Street, Brooklyn, New York 11215
Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Our Intellectual Property Rights
All content on the Website, including without limitation, the text, code, fonts, graphics, User Submission, designs and photos created by and for Post Heritage, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Post Heritage, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Post Heritage or as expressly provided herein. Post Heritage reserves all rights not expressly granted in and to the Website and the Content contained therein.
The Post Heritage Website is © 2017-, Post Heritage Inc. – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Post Heritage. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content.
All of the Post Heritage trademarks are owned by Post Heritage and may not be used for any purpose without the prior written permission of Post Heritage. All other trademarks are owned by third parties, and may not be used for any purpose without the prior written permission of such parties.
Modifications to the Website; Inaccuracy Disclaimer
Post Heritage reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. Post Heritage shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices.
This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. The information on the Website does not constitute a binding offer to sell products described on the Website. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event a product is listed at an incorrect price or a promotion is incorrectly applied, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Post Heritage may, in our sole discretion and without prior notice, immediately terminate your Post Heritage account and access to the Website and any other Post Heritage services. Cause for such termination shall include, but not be limited to: (a) breach or violation of any of these Terms of Service, and/or other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) request of the account owner or its authorized agent; (d) extended period of inactivity; (e) engagement by you in fraudulent or illegal activities; and/or (f) nonpayment of any fees owed by you in connection with the Website or any other Post Heritage product. Termination of your Post Heritage account will include: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions or Designs associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that Post Heritage shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY FOR ANY PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, (B) POST HERITAGE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (C) POST HERITAGE, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF POST HERITAGE, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.
POST HERITAGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
POST HERITAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY WEBSITE OR OTHER PROMOTION, AND POST HERITAGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POST HERITAGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
IN NO EVENT SHALL POST HERITAGE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF POST HERITAGE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT POST HERITAGE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Post Heritage from its facilities in the United States of America. Post Heritage makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Website may contain links to third party websites that are not owned or controlled by Post Heritage. Post Heritage has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Post Heritage from any and all liability arising from your use of any third-party website.
You agree to defend, indemnify and hold harmless Post Heritage, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Post Heritage, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions or Designs caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
You affirm that (i) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (iii) you understand and will comply with all of these Terms of Service.
Post Heritage is not intended for children under 13. If you are under 13 years of age, then please do not use the Post Heritage Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Post Heritage without restriction.
These Terms of Service are agreed in accord with the law of California, within the United States. You agree that any dispute related to our Website or other services must be brought in accordance with the dispute resolution procedures set forth below under the heading “Dispute Resolution”. If any provision of these Terms of Service is deemed invalid, void or for any reason unenforceable, such term will be severed and will not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Post Heritage’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Post Heritage reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
Violations of These Terms of Service
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to firstname.lastname@example.org. Please state the reasons for your concern and provide a copy or a link to the User Content, Design or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Post Heritage in its sole discretion may investigate the matter and take such action as Post Heritage determines to be appropriate.
Review of Order and Proofs is Your Responsibility
We provide best-in-class online tools for you to design, personalize and review your order before submission. We also offer proofing services for certain of our products whereby a professional designer may adjust the design for layout, sizing and spacing. Each order with proofing service is rendered as a digital proof for approval before any printing begins.
Because of the personalized nature of our products, we are unable to accept returns. So we encourage you to take great care to ensure the accuracy of each order before printing.
When proofing services are provided, we provide only one proof to allow for any changes unless otherwise stated in accordance with the applicable service. We ask that you carefully review your proof, as additional proofs and design work will incur a fee.
Post Heritage offers optional services such as personalized design services, art styling services, hand-addressing and calligraphy for your envelopes. Optional services may be negotiated specifically for your order, based on the quantities and specifications you choose and must be mutually agreed to by Post Heritage. Such services may be outsourced to contractors of Post Heritage, and will be subject to additional and separate terms and conditions from those contained in these Terms of Service, including but not limited to Post Heritage’s Cancellation Policy.