My Postcard Maker

Terms & Conditions

DoodleLab TERMS AND CONDITIONS - (MY POSTCARD MAKER)

1. ACCEPTANCE OF TERMS
These are the following Terms of Service ("TOS") for MY POSTCARD MAKER, Powered by DoodleLab. The TOS may be updated by DoodleLab from time to time without notice to you. As used below, the term DoodleLab includes any third parties affiliated with DoodleLab and including designees, agents, co-branders, contractors, partners, and providers.

2. DESCRIPTION OF SERVICE
DoodleLab provides users with access to a rich collection of on-line resources (the "Service"), including personal photo projects such as MY POSTCARD MAKER. Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new DoodleLab resources, will be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web on your account, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the service is provided "as-is" and that DoodleLab assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information or communications.

3. REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you will: (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form when you use our Service for email, printing or contest registration purposes (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you fail to comply with these requirements, DoodleLab may suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof).

4. DoodleLab PRIVACY POLICY
DoodleLab may disclose to third parties certain composite information contained in your Registration Data or in related data, provided that such information will not include personally identifying information, except as specifically authorized by you or except as reasonably necessary to (i) comply with legal requirements, (ii) enforce the TOS, or (iii) take action under any of the circumstances set forth in DoodleLab's privacy policy, as amended from time to time.

5. MEMBER CONDUCT
You are solely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages, images, or other materials (collectively "Content"), whether publicly posted or privately transmitted, that you upload, post, or transmit via the Service. DoodleLab does not (i) control any Content posted via the Service, or (ii) guarantee the accuracy, integrity, or quality of such Content. In using the Service, you will not, whether intentionally or unintentionally:
(a) Upload, post, or transmit any Content, regardless of whether such Content actually violates applicable statutes or other laws, that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable, (ii) depicts sexual acts or conduct, whether involving minors or adults, and whether implicit or explicit, the primary appeal of which is prurient, or (iii) contains sexually-oriented material that, in the specific context, is offensive or otherwise inappropriate; (b) Harm anyone in any way, including minors;
(c) Impersonate any person or entity, including a DoodleLab official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Upload, post, or transmit any Content (i) to which you do not have the requisite rights, (ii) that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party, (iii) that constitutes unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, or (iv) that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect any computer software or hardware or any telecommunications equipment; (e) Interfere with or disrupt the Service, or the servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (f) Violate any applicable local, state, national, or international law; (g) Collect or store personal data about other users; (h) Promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, or promote any act of cruelty, whether to animals or otherwise; or, (i) Engage in commercial activities without enrolling in DoodleLab-approved programs, including (i) offering for sale any products or services, (ii) soliciting for advertisers or sponsors, (iii) conducting raffles or contests, (iv) displaying sponsorship banners, including those that are generated by banner or link exchange services, or (v) displaying banners for services that provide prizes or other incentives to users in exchange for hyperlinks to their web sites.

6. INTERNATIONAL USE
Recognizing the global nature of the World Wide Web, you will comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. CONTENT SUBMISSIONS
DoodleLab claims no ownership rights in the Content you place on your DoodleLab homepage or albums. By submitting Content to DoodleLab for inclusion on DoodleLab or any of its service sites, you grant DoodleLab the world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your Content on MY POSTCARD MAKER, powered by DoodleLab. DoodleLab will have, in its sole discretion, the right (but not the obligation) to review, screen, refuse, remove, or discard any Content that violates the TOS or is otherwise objectionable. You will evaluate, and bear all risks and liabilities associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. RESPONSIBILITIES
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including use of the Service or access to the Service.

10. SERVICE RESTRICTIONS
You will abide by all practices, storage limits, and other restrictions concerning the Service that DoodleLab may establish from time to time, as outlined in the Basic Service offering and the Premium Service offering.

11. SERVICE MODIFICATIONS
DoodleLab reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof, including specific homepages or albums) with or without notice. DoodleLab will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. DoodleLab reserves the right to charge monthly fees for any Service, including the Basic Service. You will be given thirty days notice prior to the assessment of any fees.

12. TERMINATION
DoodleLab may, in its sole discretion, terminate your use of or access to the Service, or your use of or access to any other DoodleLab service, for any reason. DoodleLab may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Upon any such termination, DoodleLab may immediately deactivate or delete your membership and all related information, passwords, and files, and may bar any further access to such files or to the Service. DoodleLab is not liable to you or to any third party for any such termination.

13. ADVERTISEMENTS AND PROMOTIONS
From time to time, DoodleLab runs advertisements and promotions on MY POSTCARD MAKER and its other Services. The manner, mode, and extent of advertising by DoodleLab on your homepage, albums, and images will be determined by DoodleLab in its sole discretion, and is subject to change at any time without notice. Your communications or dealings with promoters or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such communications or dealings, are solely between you and such promoter or advertiser. DoodleLab is not responsible or liable for any loss or damage incurred as the result of any such communications or dealings or as the result of the presence of such promoters or advertisers on the Service.

DoodleLab will partner from time to time with reputable companies to provide promotions, contests and services. DoodleLab is partnering with HP to bring you MY POSTCARD MAKER, and the HP WISH YOU WERE HERE Contest. You agree, by using DoodleLab and its services, such as MY POSTCARD MAKER, that your images, projects and registration information (email address, mailing address, etc.) will be made available to the partner company, in this case HP. Complete rules for the HP WISH YOU WERE HERE Contest are available in a separate document accessible on the MY POSTCARD MAKER website.

14. LINKS
Either the Service or third parties may provide links to other World Wide Web sites or resources. DoodleLab is not responsible or liable for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any Content, advertising, products, or other materials on or available from, such sites or resources. Further, DoodleLab is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on such Content, goods, or services.

15. DoodleLab PROPRIETARY RIGHTS
The Service and any software provided by DoodleLab in connection with the Service ("Software") contain proprietary or confidential information that is protected by applicable intellectual property and other laws. Further, Content contained in sponsor advertisements or other information available to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by DoodleLab, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. DoodleLab grants you a limited, personal, non-transferable, non-exclusive license to use the object code of Software on a single computer, provided that with respect to such Software you do not (and do not allow any third party to) copy, modify, sell, sublicense or otherwise transfer, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code (except as expressly permitted by local laws), or grant a security interest in or otherwise assign any right. You will not use modified or unauthorized versions of the Software for any purpose, including for the purpose of obtaining access to the Service; you will not access the Service by any means other than through the interface that is provided by DoodleLab for such use.

16. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DoodleLab EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) DoodleLab MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND FOR LOSS OF DATA, THAT RESULTS FROM ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DoodleLab, OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY
DoodleLab IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF DoodleLab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SERVICE, INCLUDING: (i) THE USE, OR THE INABILITY TO USE, THE SERVICE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; OR, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.

18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.

19. NOTICES
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service.

20. COPYRIGHTS
DoodleLab respects the intellectual property rights of others and expects you to do the same.

21. GENERAL
(a) The TOS constitutes the entire agreement between you and DoodleLab governing the Service, although you may also be subject to additional terms and conditions when you use affiliate or other DoodleLab services, third-party content, or third-party software. The TOS supercedes any prior communications, understandings, statements, or agreements between you and DoodleLab; further, the latest version of the TOS supercedes any prior versions of the TOS.
(b) The TOS and the relationship between you and DoodleLab will be governed by the laws of the State of California without regard to its conflict of law provisions. You and DoodleLab hereby submit to the personal and exclusive jurisdiction of the courts located within the County of Sonoma, California.
(c) The failure of DoodleLab to exercise or enforce any provision of the TOS will not constitute a waiver of such provision.
(d) If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties' intentions as reflected in the provision, and allow the other provisions of the TOS to remain in full force and effect.
(e) Any claim or cause of action arising out of or related to the Service or the TOS must be filed within one year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary.

DoodleLab Terms of Service
3/25/2002