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Christmas2192
Christmas2192
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yestercards


Terms of Use

1. Acceptance

By using and/or visiting this website (collectively, including all content and functionality available through Yestercards), you signify you have read and understood this agreement in its entirety and that you are in agreement to these terms and conditions. If you do not agree to these terms in their entirety, please do not use this site.

Yestercards may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF THE YESTERCARDS WEBSITE AND ITS CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YESTERCARDS, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES AND AGENTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, ITS CONTENT, AND YOUR USE THEREOF.

Yestercards makes no warranties or representations expressed or implied about the copyright or trademark of user submissions as defined in this agreement (including user submissions by Yestercards and its employees, officers, representatives and agents). User content (including all representations of cards and all digital images) may be under copyright or trade mark protection and you agree that you assume all responsibility for either verifying the status of the content or securing the necessary copyright releases and tradmark releases prior to using any content published by users or published by Yestercards, or any user submissions.

3. Application

  1. These Terms of Service apply to all users of the Yestercards Website, including users who are also contributors of images, and other materials or services on the Website.
  2. The Yestercards Website may contain links to third party websites that are not owned or controlled by Yestercards. Yestercards has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Yestercards will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Yestercards from any and all liability arising from your use of any third-party website.

4. Yestercards Accounts

  1. In order to access some features of the Website, you will have to create a Yestercards account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Yestercards immediately of any breach of security or unauthorized use of your account. You agree that Yestercards will not be liable for any losses caused by any unauthorized use of your account.

5. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Yestercards Website.

  1. The content on the Yestercards Website, except all Exact Digital Reproductions of Vintage Cards and User Submissions as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Yestercards, subject to copyright and other intellectual property rights under the law.
  2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Yestercards Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Yestercards on the Yestercards Website for that User Submission.
  3. You may access Yestercards Content, User Submissions and other content only as permitted under this Agreement. Yestercards reserves all rights not expressly granted in and to the Yestercards Content and the Yestercards Website.
  4. You understand that when using the Yestercards Website, you will be exposed to User Submissions from a variety of sources, and that Yestercards is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are copyrighted, trademarked, inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Yestercards with respect thereto, and agree to indemnify and hold Yestercards, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. User Submissions

  1. As a Yestercards account holder you may submit digital reproductions of non-copyrighted vintage cards. User submitted images of greeting cards and postcards  are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Yestercards does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights.
  3. You further agree that you will only submit digital reproduction of vintage (pre-1978 Greeting and Post Cards) that have not been artisitically enhanced and that are otherwise a duplication of the original image by mechanical means.
  4. By submission, you agree that you are sharing a replication of non-copyrighted material and relinquish all claims to copyright and trademark.
  5. Yestercards does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Yestercards expressly disclaims any and all liability in connection with User Submissions. Yestercards does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Yestercards will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Yestercards reserves the right to remove Content and User Submissions without prior notice for any reason.

7. Content Removal and Account Termination Policy

  1. Yestercards reserves the right to decide, in its sole discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service. Yestercards may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send notifications of claimed infringement is: Stephen Taylor, fax: 612-605-0407, email copyright@Yestercards.com.

9. Limitation of Liability

IN NO EVENT SHALL YESTERCARDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR USE OF WEBSITE OR ITS CONTENT (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 YESTERCARDS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT YESTERCARDS SHALL NOT BE LIABLE FOR USER SUBMISSIONS(INCLUDING SUBMISSIONS FROM YESTERCARD AND ITS EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Yestercards from its facilities in the United States of America. Yestercards makes no representations that the Yestercards Website is appropriate or available for use in other locations. Those who access or use the Yestercards Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Yestercards, its parent corporation, officers, directors, employees and agents, 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 Yestercards Website; (ii) your violation of any term 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 caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Yestercards Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service

12. General

You agree that: (i) the Yestercards Website shall be deemed solely based in Minnesota; and (ii) the Yestercards Website shall be deemed a passive website that does not give rise to personal jurisdiction over Yestercards, either specific or general, in jurisdictions other than Minnesota. These Terms of Service shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Any claim or dispute between you and Yestercards that arises in whole or in part from your use of the Yestercards Website shall be decided exclusively by a court of competent jurisdiction located in Hennepin County,  Minnesota. These Terms of Service shall constitute the entire agreement between you and Yestercards concerning the Yestercards Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall 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 Yestercards's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Yestercards reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Yestercards Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.