Terms and Conditions

Last updated 07/24/18

Please read these Terms of Use carefully before using this site and proceeding with an order. By using the Modern Postcard website (collectively, the “Site”) operated by Iris Group, Inc. d.b.a. Modern Postcard (collectively, “Modern Postcard” and/or “Modern”) you signify your unconditional assent to these Terms of Use and the fact that all terms and conditions herein apply to Modern Postcard and all of our affiliates, vendors, and partners separately and collectively as applicable. If you do not agree to these Terms of Use, you are not authorized to use the site. Before placing an order, you will be asked to agree to all Terms and Conditions regarding the production of the order and the interaction with Modern Postcard and its employees.

Modern Postcard uses HTTPS protocols, data encryption, and data sunsetting to protect your data on a secure network.

Terms and Conditions of Order

1. Accuracy

 

Layout:

You are solely responsible for the accuracy and compliance with USPS Postal Regulations of your customer provided layouts. Please proofread all layouts carefully.

Modern reserves the right to refuse to print any material that Modern Postcard determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream, on the internet, or through email. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by Modern Postcard on any job that is denied for the reasons described in this paragraph.

Color:

Thank you for placing your confidence in our abilities to generate the best possible reproduction of your digital creations. At Modern, we strive to faithfully print your work according to your expectations. We’ll reproduce the colors in your files according to best-practice printing industry standards. Our processes involve the calibration and maintained control of many devices including our printing presses, proofing equipment, image setters, monitors and lighting, to name just a few.
We employ a team of digital and technical experts ranging from design and imaging artists to prepress professionals and extremely experienced pressmen. We would be happy to discuss your project and all of the special requirements that go along with it, so that we make sure to do it right, for you.

Proofing:

There are essentially 2 proofs that Modern Postcard can provide for you that represent a reproduction of your digital creation. There is an online proof, which is a link to your finalized job file embedded in an email to you. And there is a hard copy proof that we send overnight via UPS. The online proof is for layout and copy but it is not recommended for color. Why? Because there’s a chance that what you see onscreen is not accurate to what we will print. The hard copy proof is for layout, copy AND color. This is printed on the same paper stock we will use on your job, and is an excellent representation of what you can expect from the final product.

2. Payment

The fees for Modern Postcard products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. Modern Postcard requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. Modern Postcard grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed Mailing Services invoice is returned from the customer authorizing payment. Modern Postcard accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to Modern Postcard, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.

Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via credit card, certified bank check (from a bank which Modern Postcard deems acceptable), ACH or wire transfer. Unfortunately, Modern Postcard cannot accept any other forms of payment from or extend credit terms to customers who are located outside the United States.

Sales Tax Policy:

Modern is required to collect sales tax on purchases shipped within California. If your order qualifies for sales tax exemption in accordance with California Sales & Use Tax Regulations you must provide Modern Postcard with a valid California Resale Certificate. Modern Postcard requires that resale certificates be provided at the time of order via mail or fax to (760) 268-1722.

Refunds & Cancellation:

No refunds will be granted for work that Modern Postcard has finished on an approved order. Additionally, design and set-up fees may still apply and be charged even though the project has not been printed or mailed. All refunds, due to an overpayment on a particular account are available upon customer request.

3. Production Time

Our daily deadline for receiving materials to begin work on an order is 12 noon PT. Quoted Production Times start only after Modern Postcard receives final approval of your layout and summary of printing charges with no further changes per Modern’s Approval Form. Business days quoted for Production Time are calculated in 24 hour increments. All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Production Time is dependent on receipt of your signed Layout and Final Approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For Modern’s observed holidays or postal holidays, add one (1) additional day to the Production and/or Mailing Time. Expected delivery date and Production Times are not guaranteed.

4. Shipping and Delivery

Modern Postcard strives to provide superior service but is not responsible if your order arrives late due to unforeseen delays in delivery service, lost/stolen packages, natural disaster, the breakdown of equipment, bad weather, etc. In no case will Modern Postcard be liable for special, incidental, or consequential damages of any kind as a result of the shipping process. When choosing a shipping method and delivery date please remember that the shipping transit time is based on the number of business days in transit which does not include weekends or holidays.

You are responsible for all customs, duties or fees related to shipments to foreign countries. As soon as the third-party carrier takes possession of the shipment, Modern Postcard is no longer liable for damages caused by any service carrier. Modern Postcard accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick Up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from Modern’s facility within 30 days, it will be shipped directly to the customer and the customer will be billed for the applicable ground shipping rates. It is the customer’s responsibility to comply with all applicable laws, foreign, federal, state and local laws when using our Shipping Services. Modern Postcard does not claim to have expertise in legal compliance with such laws.

If you do not receive your order by the expected delivery date, or if the order arrives damaged, please email shiptrack@modernpostcard.com or call 800-959-8365 and include the order number.

5. Mailing Services and Mail Delivery

In no case will Modern Postcard be liable for special, incidental, or consequential damages of any kind as a result of the mailing. Modern Postcard’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. Modern Postcard shall not be liable for USPS performance failures or delivery delays. Modern Postcard accepts no responsibility for any additional services performed outside of Modern Postcard, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services.

It is the customer’s responsibility to comply with all applicable laws, foreign, federal, state and local laws when using our Mailing Services. Modern Postcard does not claim to have expertise in legal compliance with such laws.

Modern Postcard is not responsible for undeliverable or returned pieces on any customer supplied mailing list regardless if CASS or NCOA certifications have been processed.

Any remaining customer cards not mailed through Modern Postcard Mailing Services will be returned via UPS at the customer’s expense and shipped to the contact address on file unless otherwise specified by the customer.

6. Mailing List(s)

Modern Postcard agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of Modern Postcard, is the exclusive property of the customer and shall be used only with customer’s instructions. It is the customers or customers’ list vendors’ responsibility to maintain a duplicate copy of its mailing list. Modern Postcard assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party.

Duplicate Removal:

Unless otherwise instructed, Modern Postcard will remove duplicate names, as part of our mailing services, from all lists submitted for processing where the name and address match within reasonable standards. 100% accuracy of removal cannot be guaranteed due to data variances.

Change of Address updates:

The U.S. Postal Service requires that all automated mailings comply with Move Update. Modern Postcard provides this service for any customer supplied lists but does not guarantee the percentage of records that are corrected. Refer to the Updating Your Mailing List page on our website for more information.

Reformatting:

Modern Postcard uses .CSV, .TXT, .XLS, .XLSX and ASCII and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. Customer will be notified, in advance, of conversion and formatting incompatibility.

Purchased Lists:

Mailing lists purchased from Modern Postcard offer a deliverability guarantee of 88% on Business-to-Business lists and 92% on Business-to-Consumer lists if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/firmagraphic criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy of the customer’s mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a list owner reserves the right to refuse a list rental order for any reason they see fit.

7. Indemnification, Damages

You agree to indemnify and hold Modern Postcard and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Modern Postcard. DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images, artwork, and any other materials used to produce your product.

The liability of Modern Postcard, if any, for damages related to the production and shipping and/or mailing of the product, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Modern Postcard for its products and services. In no event will Modern Postcard be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever.

8. Ownership and Limited Use

By placing an order with Modern Postcard, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Modern Postcard; and (ii) are authorizing Modern Postcard to print, mail, or distribute by electronic means any such order on your behalf. Any images/graphics, text or other materials supplied to Modern Postcard by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Modern Postcard. However, any additional materials created by Modern Postcard in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files, etc.) are and shall remain the sole property of Modern Postcard. Digital files of a Modern Postcard assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party.

In the event Modern Postcard has purchased iStock images on your behalf for use in your layout please be aware that these iStock images are by default purchased with iStock’s standard license, which only permits the image and/or content to be used on one layout for one mailing campaign. iStock’s standard license agreement dictates that these images and/or content cannot be repurposed by the client or reused in any other layout or mailing campaign (even if re-printing with Modern) without repurchasing the image for this additional use.

Modern reserves the right to reprint and distribute your finished job as an example of a Modern Postcard product sample for any and all promotional purposes. Customers may withdraw their orders from being used as product samples by sending a written request to Modern at the following address: 1675 Faraday Avenue, Carlsbad, CA 92008 or by email to: customercare@modernpostcard.com. Your images and/or images of your finished job will not be featured in any national advertisements or promotions without your prior written consent.

9. Termination

Modern Postcard reserves the right to terminate your account and access to the Site and its services at any time. Termination by Modern Postcard may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site and discontinue ordering with Modern Postcard.

10. Policy Changes

Please read Terms and Conditions of Use for the Website carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Modern Postcard. You hereby waive any Statute of Limitations to the contrary.

Please check our Policy when visiting our Site or ordering. Modern Postcard reserves the right to change and adjust its Terms and Conditions and will log the date of the update at the top of the Terms and Conditions webpage.

 

Terms and Conditions of Use/Website

Use of the Modern Postcard website (collectively, the “Site”) operated by Iris Group, Inc. d.b.a. Modern Postcard (collectively, “Modern Postcard”), or one of its divisions or subsidiaries is based upon your abiding by our Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.

1. Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Modern Postcard. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, code or form) of Modern Postcard without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing Modern Postcard’s name or trademarks without the express written consent of Modern Postcard. Any unauthorized use terminates the license granted by Modern Postcard. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Modernpostcard.com so long as the link does not portray Modern Postcard, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Modern Postcard logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Use

Unauthorized use or modification of any information stored on the Site or associated servers may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purposes. You are solely responsible for the content of any transmissions you make to the Site or to any Modern Postcard employee.
By using this site, you agree that you will not:

  • Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability
  • Conduct any activity that infringes on copyright, patent, trademark, service mark or any other rights of a person or entity
  • Impersonate any person or entity
  • Use a false name and/or invalid credit card to place an order
  • Restrict or inhibit any other user from using and enjoying any service conducted on the Site
  • Send, post or otherwise publish through the Site, any message, material, user name or other communication that is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory
  • Distribute, upload, inject, or in any way send anything which contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or property of Modern Postcard
  • Advertise or solicit on or through the Site without express written permission from Modern Postcard
  • Use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list
  • Create links or redirects to another site
  • Promotes the use of controlled substances
  • Post or send anything that causes injury or harm to another person or entity

Use for any other purpose is expressly prohibited by law.

3. Monitoring

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. By visiting this site you agree to accept responsibility for all activities that occur under your account or password. Modern Postcard reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion but shall not be obligated to do so. While Modern Postcard has no obligation to monitor the Site and is not responsible for the content of any messages, reviews, information or files transmitted on the Site, we reserve the right to delete and take other appropriate action with respect to such messages, information or files with which Modern Postcard, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at any time.
If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Modern Postcard for all claims resulting from content you supply. Modern Postcard respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately at privacy@modernpostcard.com.

To protect this website and the supporting computer systems from unauthorized use, and to ensure the computer systems are functioning properly, individuals accessing this website are subject to having their activities monitored and recorded by Modern Postcard personnel and authorized parties. Network traffic is monitored to identify unauthorized attempts to access, upload or change information on the website or otherwise conduct criminal activities. Anyone using this website consents to such monitoring. Modern Postcard reserves the right, but is not required to (except where required by law) to report any illegal activity to any and all regulator, government and/or administrative authorities for prosecution. Modern Postcard reserves the right to work in connection with authorized law enforcement to assist in obtaining personal identifiable information. Please read our Privacy Policy for full details on how we collect information when visiting the Modern Postcard website.

4. Privacy

See our Privacy Policy for our policies on privacy, which apply to these Terms and Conditions. By using this Site, you agree that you have read, understood, and agree to all policies contained in the Privacy Policy.

5. Copyright Ownership

All content included on the Site, including but not limited to text, graphics, photographs, logos, within third-party applications, and software, and all derivative rights thereof is the property of Modern Postcard or its content suppliers and is protected by United States and international copyright laws. Unfortunately we are unable to provide the native design files created by Modern Postcard. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Modern Postcard and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Trademark Ownership

MODERN POSTCARD®, MODERN MAIL®, MODERN SOLUTION®, SIMPLE CARD, UPLOAD AND GO, MY DESIGN ENGINE, MODERN CONNECT®, BUILD ONLINE, PRO DESIGNER, SUMO SIZE®, DOUBLE SUMO®, DIRECT-AD, NETWORK MAILER, EXPOMAILER, POSTAGE PLUS, SEND YOUR STUFF, PLUS PROGRAM, B2U, B2U MARKETING, and BUSINESS-TO-YOU MARKETING and other related trademarks and service marks are the property of Modern Postcard and are protected by United States and international trademark law. They may not be used without the written permission from Modern Postcard and all rights are reserved.

7. Web Linking

Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Modern Postcard has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Modern Postcard is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Modern Postcard reserves the right to terminate any link at any time.

8. Disclaimer and Limitation of Damages

Modern Postcard is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied. This includes, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Modern Postcard makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Modern Postcard, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.

Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Modern Postcard reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither Modern Postcard nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

9. Indemnification

You agree to indemnify and hold Modern Postcard and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

10. Applicable Laws

Modern Postcard operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Modern Postcard to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining Terms or Conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site’s email and messaging system shall in no way be deemed to constitute legal notice to Modern Postcard or any of its officers, employees, agents or representatives, such as where notice to Modern Postcard is required by contract, or any federal, state or local laws, rules or regulations.

11. Contact and Feedback

If you have any questions, concerns or feedback regarding the Terms and Conditions which include our Privacy Policy and use of this website, you may contact us at privacy@modernpostcard.com.

You can write to us directly at:

Modern Postcard
Attn: Privacy
1675 Faraday Ave
Carlsbad, CA 92008

You may be required to prove your identity in order to ensure that no third party can gain access to your personal data. We will respond to all legitimate requests within a reasonable time period.