1. Overview: Endicia has a few fundamental rules for our customized postage product.
We expect you to submit images that will be deemed acceptable by the general public and that are in compliance
with the image guidelines that have been established by the United States Postal Service for the Customized
Postage program. These guidelines are posted on our Web site. We expect you to submit images which you have
created or images which you have received from other sources but do not violate any copyright laws. We expect
you to submit images which will not damage the reputation of the United States Postal Service, Endicia Internet
Postage, or any other party. Endicia reserves the right to reject any image if it fails to
meet our standards.
The following sections describe the above rules in more detailed, legal terms. However we trust that you
can sense the basic spirit of our policy as simply expressed above.
2. Definitions: These Terms and Conditions are subsequently referred to as "Terms."
"You" refers to you, the customer. These terms apply to the use of this Web site ("Web site") when you are
designing and purchasing customized postage ("postage" or "material") from Endicia. Endicia is a division
of PSI Systems, Inc, a California Corporation, located in Palo Alto, CA.
3. Acceptance: By placing an order you accept these terms and conditions.
4. Age Restriction: Orders for personalized postage must be submitted by persons
who are at least 13 years old. This policy is Endicia's way of complying with the Children's Online Privacy
Protection Act of 1998 (COPPA).
5. Geographic Restriction: Orders for personalized postage will only be shipped to
the United States and United States Territories. Qualified orders will also be shipped to United States
military personnel at APO/FPO addresses, worldwide.
6. Your Responsibilities When Creating and Using Personalized Postage: You acknowledge
and agree that neither Endicia nor any other party connected with the license or manufacture of your
personalized postage is involved in any way with the design of your customized postage stamps. You assume all
risks associated with the use of any of your content and images. You are solely responsible for, and assume all
liability arising from, all personalized postage that you, or any other person using your account, create
or use in connection with the Endicia Web site.
Endicia manufactures the finished postage packs. This in no way implies any of the following:
- That Endicia approves or endorses the content of the postage design.
- That the customized postage complies with all applicable laws.
- That you will not incur any liability or harm arising from the customized postage.
Furthermore, you agree not to use the Endicia service, the personalized postage manufactured at your behest,
or images of your custom postage in any manner that would cause damage to the public reputation of Endicia,
its employees, shareholders, board members, or partners, including the United States Postal Service. In the
event that you use or publicly display your Endicia customized postage, including display by way of the Internet,
to intentionally bring harm to Endicia, its employees, shareholders, board members or partners, Endicia
reserves the right to demand the immediate return of the customized postage produced for you. In such a case,
Endicia will invalidate the bar codes printed on your customized postage and pursue any and all remedies
available to Endicia under the law.
7. Under these Terms and Conditions, you may not submit any of the following material to Endicia. Any
such material submitted will not be processed by the Endicia service.
8. Privacy Policy: As a USPS-approved postage vendor, Endicia has a very
strict
privacy policy.
Our privacy policy is hereby incorporated into these Terms and Conditions.
9. Pricing: The prices, shipping and handling fees, and retail policies are described on
our Web site. These elements are incorporated, by reference, into these Terms and Conditions. All pricing is in
US dollars. Pricing and product may change, at any time, at the discretion of Endicia.
10. Compliance with Local, State and Federal Laws: In using our service, you agree not
to take any action that harms or infringes upon on the rights of any individual, group, or entity. You agree
that you will use this Web site and any postage products ordered from this Web site in accordance with all
applicable United States federal, state and local laws, statutes, regulations, and ordinances.
11. Jurisdiction: These Terms and Conditions shall be governed by, and construed in
accordance with, the laws of the State of California. Any disputes arising under, or in connection with, these
Terms shall be subject to the jurisdiction and venue of the courts of the Northern District of California,
located in Santa Clara, California.
12. Losses During Product Shipment: All personalized postage purchased through this
Web site and from Endicia is subject to a shipment contract. The risk of loss and title for such items passes
to you upon our conveyance of the goods to our carriers (USPS, FedEx or UPS). You may elect to have your shipment insured for
an additional service fee.
13. Warranties and Indemnification: By submitting any image file you warrant that
the image is not protected under copyright or trademark laws or that you have the authority to print or
reproduce the files. You hereby agree to indemnify and hold Endicia harmless from any suit, demand, or claim
made against Endicia by reason of breach of this warranty, and you agree to any judgment or reasonable
settlement offer resulting from any such suit, demand, or claim, and to pay any attorney's fees incurred by
Endicia in defending against such suit, demand, or claim. You agree that Endicia may provide a copy of this
statement to anyone claiming infringement of copyright or trademark in the file(s) being submitted. More
specifically, you agree to indemnify and hold Endicia 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 use of the Endicia Web site, your content and/or images, your
use of the personalized postage, your default under any provision in these Terms, your violation of any laws
and your violation of any rights of another person.
14. Endicia is committed to honoring valid copyrights on images. Users of the Endicia postage service
are required by United States law to own the right to or to obtain permission to use any image before the image
is submitted to Endicia. If you believe that your work has been copied in a way that infringes your copyrights,
please contact us at the following address with complete details:
ATTN: Copyright Protection
Endicia Internet Postage
247 High St
Palo Alto, CA 94301-1099
Fax: (650) 321-0356
Email:
pictureitpostage@endicia.com
15. Potential Charge for Repeat or Overt Content Violations: You agree that if Endicia
in its sole discretion, determines that any material you submit does not meet the content requirements,
Endicia may charge a processing fee of $8.50 for each image which violates our content restrictions.
16. Termination of Access/Refusal of Service: Endicia may at any time, without notice,
refuse to accept your orders for customized postage, change or curtail any part of our service, and refuse to
process any order (or part of an order) if you do not comply with these Terms and Conditions. These actions
can be taken at Endicia's sole discretion, or in compliance with a request from a regulatory agency, such as
the United States Postal Service. Endicia will not be liable to you or any third party for any
suspension/termination/refusal of your access to the Web site or for failure to produce customized postage
on your behalf.
17. Third-party links: The Endicia Web site may provide links to third-party sites
that might be of interest to you. We have no control over the content or availability of the contents of these
sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of
service, and to contact that site's Webmaster or site administrator with any concerns.
18. Proprietary Rights: The concept of serialized, computer-generated postage was
first disclosed in our US Patent 5,319,562 issued in June of 1994. The processes used to provide our postage
service contain proprietary and confidential information that is protected by applicable intellectual property
and other laws and is covered by the aforementioned patent, as well as US Patents 6,005,945 and 5,341,505.
Other US patent applications are pending.
19. Disclaimers and Limitations: Endicia hereby disclaims all warranties related to
this agreement whether express, implied, statutory or otherwise. This includes, without limitation, any
warranty that the Web site will be continuously available, operate without error, or be immune to security breaches.
In no event will Endicia be liable for any indirect, special, incidental, or consequential damages arising out
of or related to this agreement, including, without limitation, damages for loss of goodwill, or Web site or
computer failure or malfunction, even if advised of the possibility thereof, and regardless of the legal or
equitable theory (contract, tort, or otherwise) upon which the claim is based.
Some Legal jurisdictions do not permit the limitation or exclusion of incidental, consequential or other types
of damages, so some of the above limitations may not be applicable to your situation.
You understand that the printed stamps may differ from what appears on your computer screen, due to differences
in monitor resolution and settings.
20. Amendment of the Terms Endicia reserves the right to amend these terms at its own
discretion. You are responsible for upholding and accepting any changes if you wish to continue use of the service.
21. Precedence: These Terms and Conditions constitute the entire agreement between you
and Endicia Internet Postage with respect to our customized postage service. All other communications, written
or oral, with regard to the service are hereby superseded. Our failure to act regarding a breach of these
terms does not waive our right to act upon further breaches.
