1. General Rules and Definitions
If you choose to use the CardRaven.com website or the CardRaven or PhotoRaven Applications (“The Services”), you will be agreeing to abide by these Terms of Use, all applicable laws and all applicable regulations. The material and content contained in The Services are owned by StoneRaven, LLC (“StoneRaven”), unless indicated otherwise and are protected by United States and international laws. The Services are available only to individuals who are at least 13 years old.
2. Use License
Permission is granted to use The Services for personal, non-commercial purposes. This is the grant of a license, not a transfer of title, and under this license you may not use The Services in such a way that harms any person or entity nor may you modify, copy, reformat, reverse engineer, redistribute, “mirror”, license, publish, create derivative works, sell any content provided by StoneRaven. This license shall automatically terminate if you violate any of these restrictions and may be terminated by StoneRaven at any time.
3. Use of The Services:
Registration:
There is no need to register in order to use the StoneRaven.com website or The Service. The Services provided by StoneRaven enables users to design real postcards and Greeting Cards (“Cards”) with an iPhone, iPod Touch, iPad mobile devices and have StoneRaven print, stamp and mail them. Users are required to complete their return address to be printed on the posted card.
Cost:
The current cost of a Postcard created with The Services and mailed to a destination is $0.99. Greeting Cards cost $2.99. Payments are currently processed by PayPal.
Your responsibilities:
Each user is solely responsible for the postcards created with their account. Users are not permitted to transmit images or language that would violate rights of others or which violates the policies and regulations of the US Mail or the mail system of any country that handles their postcard. You must maintain the security of the mobile device that runs The Services and realize that anyone who uses said device will be able to operate The Services and possibly charge more payments to the user. StoneRaven, the operators of The Services, and its suppliers may routinely preview or screen images submitted to StoneRaven for printing. Images provided by the user to be printed on a postcard are the responsibility of the user; you represent and warrant that images submitted to StoneRaven will not infringe any copyright or right of privacy, violate any law or interfere with the rights of any third party. It is the sole responsibility of the user to ascertain whether or not their image will appear in a satisfactory manner when printed in the landscape format at a size of 4.25 x 5.5 inches. Each user is solely responsible for the submission of the correct address for each card that they create and have StoneRaven mail. If a user instructs StoneRaven to send a postcard to the wrong address or an address that can’t receive a card then it is the sole responsibility of the user and no refund or compensation will be provided to the user. If you are dissatisfied with any portion of The Services or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using The Services.
4. Disclaimer of Warranty
We provide The Services “as-is,” “with all faults” and “as available.” StoneRaven does not warrant that your use of The Services will be uninterrupted or error-free. StoneRaven and its suppliers make NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND CONTENT contained in The Services. StoneRaven and its suppliers hereby disclaim all warranties and conditions with regard to The Services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Further, StoneRaven does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials contained in The Services or otherwise relating to such materials or on any sites linked to cardraven.com.
5. Disclaimer of Liability and Indemnification:
For quality control purposes StoneRaven has plans to review a minority of cards it prints and mails. With just cause, to be determined exclusively by StoneRaven, StoneRaven reserves its right to voluntarily disclose to the U.S. Postal Service or other governmental agency or law enforcement agency your postcards’ content and account information. StoneRaven does not endorse the design or user-submitted content of any card.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STONERAVEN AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STONERAVEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If StoneRaven suffers any loss or damage or incurs any costs in connection with any breach of this Agreement or any other legal obligation incurred due to your acts or negligence, then you agree to indemnify StoneRaven for those losses, damages and costs.
6. Links
StoneRaven has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by StoneRaven of the site. Use of any such linked web site is at the user’s own risk.
7. Terms of Use Revisions
StoneRaven may change, add or remove portions of these Terms of Use at any time without notice, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use regularly and by continuing to use this Site, you agree to any changes and to be bound by the then current version of these Terms of Use.
8. Governing Law
Any claim relating to The Services of StoneRaven shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
9. Termination:
This Agreement is effective until terminated by StoneRaven. StoneRaven may terminate this agreement for any reason without notice. In the event of termination, you will be no longer authorized to access The Services but this Agreement will remain in effect. If this Agreement is terminated because you have breached this Agreement, you will not be entitled to any refund of the fees that you paid to StoneRaven but you will be still legally bound by this Agreement.
10. Other rights
All rights not expressly granted herein are reserved.