These Terms of Service govern your use of postcardsfrommarcie.com and any related services provided by Postcards from Marcie.

By accessing our website, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Postcards from Marcie.

This website is offered and intended for users who are 18 years of age or older. By using our website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our website.

Our website and its content are intended solely for personal and non-commercial. Any use of this site or its content other than for personal and non-commercial purposes is strictly prohibited.

We, Postcards from Marcie, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on March 27, 2021.

 

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. Remove any copyright or other proprietary notations from any materials and software on this website;
3. Transfer the materials to another person or “mirror” the materials on any other server;
4. Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Postcards from Marcie provides;
5. Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. Use this website or its associated services in violation of any applicable laws or regulations;
7. Use this website in conjunction with sending unauthorized advertising or spam;
8. Harvest, collect, or gather user data without the user’s consent; or
9. Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

 

Copyright & Intellectual Property

Unless otherwise specified, this website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement), are owned by or licensed to Postcards from Marcie and are protected by applicable copyright, trademark, and other intellectual property or proprietary rights laws.

These Terms of Service grant you a limited, revocable, non-transferable, and non-exclusive license to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website.
• For your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
• Where explicitly stated on our website, you may download, copy and/or share some content available through our website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by us is correctly implemented.
• You may use our content with clear and obvious credit back to our website, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution, or use any intellectual property within the offering that is attributed to a third-party.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• De-construct, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the content, or otherwise distribute in any way the content other than as specifically permitted in these terms.
• You must not access or use for any commercial purposes any part of our website or any services or materials available through our website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of these Terms of Service, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our website or any content on our website is transferred to you, and all rights not expressly granted are reserved by Postcards from Marcie or its licensors. Any use of our website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other intellectual property laws, and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

If you wish to make any use of the material on our website other than that set out in this section, please address your request using the contact details at the end of these terms.

We have taken efforts to ensure that our website content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result. In such cases, you are requested to report complaints using the contact details specified at the end of these terms so that we can address your concerns.

 

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

 

Blog Comments

We encourage and welcome comments on our blog. We would also like to thank everyone who takes their time out in posting comments on Postcards from Marcie.

We generally post all the comments which are useful to all of our readers. However, there are certain instances where we edit or delete the comment(s). This includes, but is not limited to:

• Comments that are posted solely for the purpose of promotion.
• Comments that are spam or have a spammy nature.
• Comments which use vulgar language or swear words.
• Comments which attack / harass another person individually.

We recommend everyone to follow our blog comment rules to help you keep the blog a constructive place for discussion. We reserve the right to edit or delete comments submitted to this blog at any time without notice.

 

Accounts

Where use of any part of our website requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access our website. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

 

Affiliates

We may receive compensation for recommendations made in reference to the products or services on this website.

This compensation may be in the form of money, services or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended by us, it is understood that some form of compensation might be made to us. For example, if you click on an affiliate link at postcardsfrommarcie.com and then make a purchase of the recommended product or service, we may receive compensation.

We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

This compensation disclosure has been provided for your protection and to fully disclose any relationship between our product or service recommendations and the owners of those product or services.

 

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Postcards from Marcie does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

 

Links from this Website

When our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Postcards from Marcie has not reviewed all of the sites linked from its website and is not responsible for the contents of any such linked site. You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources. The inclusion of any link does not imply endorsement, approval, or control by Postcards from Marcie of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

 

Links to our Website

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

Disclaimer of Warranties

This website is provided strictly on an “AS IS” and “AS AVAILABLE” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, Postcards from Marcie expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from Postcards from Marcie or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, Postcards from Marcie, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and users shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Postcards from Marcie does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. We cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Some jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from location to location. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

 

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Postcards from Marcie, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;
• any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any user or third party.

In no event shall Postcards from Marcie, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by you to Postcards from Marcie in the preceding 12 months, or the period of duration of this agreement between us and you, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

 

Indemnification

You agree to defend, indemnify and hold Postcards from Marcie and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• Your use of and access to the Service, including any data or content transmitted or received by you;
• Your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;
• Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• Your violation of any statutory law, rule, or regulation;
• Any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• Your willful misconduct; or
• Statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

 

No Waiver

Our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

 

Service Interruption

To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates or any other changes.

Within the limits of law, we may also decide to suspend or terminate the Service altogether.

Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.).

 

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this agreement or your Postcards from Marcie account, you may simply discontinue using our Services.

All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

 

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Postcards from Marcie, with respect to our website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our website.

 

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Quebec in Canada. You irrevocably submit to the exclusive jurisdiction of the courts in the Province of Quebec in Canada, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country or county of residence, or any other relevant country or county.

 

Changes to This Policy

Postcards from Marcie reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time.

We will post the changes here at the same link by which you are accessing these Terms of Service and revise the “updated” date at the top of this page. You are responsible for visiting this page periodically to check for future updates to these Terms of Service. Any modifications to these Terms of Service will be effective upon our publishing of the new terms, and your continued use of our website after the posting of any updates constitutes your acceptance of our modified Terms of Service.

 

Contact Us

For any questions or comments regarding our Terms of Service, you may contact us by email at hello (at) postcardsfrommarcie (dot) com or via our contact page.