AstonishingCards.com User Agreement

March 24, 2008

1. Acceptance of Terms.

To obtain full access to the Astonishingcards.com Web site, you must read the terms and conditions of services set forth below (the "User Agreement") and agree to be legally bound by the obligations imposed on you in this User Agreement. By clicking the "I Accept" button, you accept the terms and conditions of this User Agreement. We may amend this User Agreement without notice to you by posting the changes on our Web site, and changes will be effective two business days after being posted.

2. Users.

The postcard printing and mailing services offered on this Web site are available only to individuals age 13 or over who are residents of the United States. We may refuse any or all of our services to anyone at any time, in our sole discretion.

3. Pricing.

All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on our Web site. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.

4. Astonishingcards.com is a Marketing Tool.

Astonishingcards.com is a unique tool for use in creating postcards from camera phones or other types of digital or film cameras. We are not obligated to screen or review text or graphics before we print and/or mail your marketing materials, ALTHOUGH WE RETAIN THE RIGHT TO DO SO AT ANY TIME WITHOUT NOTICE TO YOU. We cannot nor do we try to control the content of all materials created on our Web site. You are solely responsible for and assume all liability arising from all materials that you and any other person using your user ID and password print and mail using the Astonishingcards.com Web site. If a third party notifies us of "problem" materials (defined as any materials, the publication of which, by us, could have a negative or detrimental effect on our business or reputation), or if we become aware of problem materials created by you, we may review those materials and take any action with respect to the materials that we deem necessary in our sole discretion, including, but not limited to, refusing to print or mail the materials. If the situation warrants, we may, in our sole discretion, contact the appropriate authorities. The fact that we allow materials to be printed or mailed does not mean that:

(1) we approve or endorse the content of the materials,
(2) the materials comply with all applicable laws, or
(3) you will not incur any liability or harm arising from the materials.

5. Return Address on Your Materials.

Astonishingcards.com will automatically print a return address on all materials that you create using the Astonishingcards.com Web site. The default return address is the billing address on your credit card unless you modify your return address. It is a breach of US Postal Regulations to show a false return address on mail.

6. Your Content & Information.

All information, data, text, software, photographs, graphics, messages or other materials ("Content") you upload, post or create using this Web site is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content and mailing of your materials. You represent and warrant to Astonishingcards.com that:

(i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform via the Astonishingcards.com Web site;
(ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; or contain any matter that is libelous or otherwise in contravention of law; and
(iii) your information will be true, accurate, current and complete at all times. All information you provide to us about yourself during the registration process or through any other feature on this Web site will be referred to as "Your Information." Astonishingcards.com will only use Your Information in accordance with our Privacy Policy. We act merely as a passive conduit for your online design, creation, printing, and mailing of your Content, in reliance on your representations and warranties in this User Agreement.

7. You Will Comply with All Laws.

When you use the Astonishingcards.com Web site in any way such as creating, printing and mailing materials, you will comply at all times with all applicable United States 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. If you mail materials outside the United States, you will comply with the laws of the country to which the materials are mailed. We cannot and do not offer legal advice concerning US or International laws that may apply to your Content or materials.

8. Astonishingcards.com Privacy Policy.

We collect personal information on this Web site. To learn more about how we use Your Information please see our Privacy Policy, which is incorporated herein by reference and made a part of this Agreement. We may collect and use Your Information as set forth in our Privacy Policy.

9. Astonishingcards.com May Cooperate with Third Parties.

You authorize Astonishingcards.com and its vendors and contractors to cooperate with the US Postal Service and any US or non-U.S. Law enforcement or governmental agency, which cooperation includes, but is not limited to, Astonishingcards.com voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the US Postal Service, and any US or non-U.S. Law enforcement and/or governmental agency any or all of Your Information and your Content.

10. Indemnification.

You will indemnify and hold Astonishingcards.com and its parent company, Astonishingmail, LLC, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys fees, due to or arising out of Your Information, your Content, your use of this Web site, the use of this Web site by any person who uses this Web site while logged on under your user name and password, materials mailed using your user name and password, your default under any provision in this User Agreement, your violation of any laws and your violation of any rights of another person.

11. Termination.

Astonishingcards.com, in its sole discretion without notice to you, may:

(1) terminate your access to its Web site or your use of any feature of its Web site,
(2) remove and discard any of Your Information and your Content stored on the Web site, or
(3) refuse to mail any materials and
(4) terminate this Web site, or any feature on the Web site. Astonishingcards.com will not be liable to you or any third-party for any suspension or termination of your access to this Web site or your Content; except Astonishingcards.com will refund to you any unused amounts credited to your account.

12. Links.

This Web site may provide, or third parties may provide, links to other world wide Web sites or resources. Astonishingcards.com is not responsible for the availability of any external sites or resources to which we hyperlink ("Linked Sites"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Astonishingcards.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.

13. Astonishingcards.com Proprietary Rights.

This Web site and any necessary software used in connection with it ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on this Web site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Astonishingcards.com or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Web site or the Software, in whole or in part. Astonishingcards.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

14. Disclaimer of Warranties.

Your use of this Web site is at your sole risk. We do not warrant the accuracy of any text statements made, although we are unaware of any inaccuracies in this regard. Sample language is provided for your review and editing as appropriate for your materials, and you alone are responsible for the final text and Content. This Web site is provided on an "as is" and "as available" basis. Astonishingcards.com disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Astonishingcards.com makes no warranty that

(1) the Web site will meet your requirements,
(2) the Web site will be uninterrupted, timely, secure, or error-free,
(3) the results that may be obtained from the use of the Web site will be accurate or reliable,
(4) the quality of any products, services, information, or other material purchased or obtained by you through this Web site will meet your expectations, and
(5) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this Web site 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 Astonishingcards.com or through or from this Web site shall create any warranty not expressly stated in this User Agreement.

15. Limitation of Liability.

Astonishingcards.com will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Astonishingcards.com has been advised of the possibility of such damages), resulting from:

(1) the use or the inability to use this Web site;
(2) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Web site;
(3) unauthorized access to or alteration of your transmissions or data;
(4) statements or conduct of any third party on this Web site; or
(5) any other matter relating to this Web site.

Our liability, and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the lesser of

(1) the amount of fees you pay to us in the 12 months before the action giving rise to liability, or
(2) $100.

16. Notice.

Notices from us to you and from you to us 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 the US mail to send you a notice, the notice will be deemed given 3 days after the date of mailing. This Web 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 Web site.

17. Copyrights.

Astonishingcards.com respects the intellectual property rights of others and we ask our users to do the same. You should assume that all text, graphics and images that you find on the world wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on materials generated using Astonishingcards.com without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material. You authorize Astonishingcards.com to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing Your Information and your Content to the copyright owner or its agent and destroying all alleged infringing material. Please refer to our Copyright Policy.

All designs and text that are a part of the Astonishingcards.com Web site have been created by us for the express purpose of being used as presented, provided that the user agrees to this User Agreement and complies with its terms. USE OF THIS WEB SITE TO GENERATE MARKETING MATERIALS OR OTHER RELATED GOODS PROVIDED FOR ON THIS SITE IS PERMITTED PROVIDED THAT THE USER COMPLETES AND PAYS FOR THE ORDER OF THE MARKETING MATERIALS. It is not permitted to copy text, graphics, design or other information or materials found on this site except as part of an order of personal or marketing materials from Astonishingcards.com.

18. General Information.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This User Agreement and the agreements incorporated herein are the entire agreements between you and Astonishingcards.com and governs your use of this Web site. This User Agreement supersedes any prior agreements between you and Astonishingcards.com. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The User Agreement and the relationship between you and Astonishingcards.com will be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and Astonishingcards.com agree to submit to the personal and exclusive jurisdiction of the courts located in Greenville County, South Carolina. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

19. Disclosures.

This Web site is provided by Astonishingcards.com., located at 206 Asheton Lakes Way, Simpsonville, SC 29681-3705 and is a product of Astonishingmail, LLC. If you have any questions or comments about the Astonishingcards.com User Agreement, contact us at john@astonishingcards.com.

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