Terms and Conditions
Service is provided by Iris Group, Inc. / Modern Postcard
Terms and Conditions of Order (updated 03/11/09)
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations as outlined on our website:
MP reserves the right to refuse to print any material that MP determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. 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 MP on any job that is denied for the reasons described in this paragraph.
All cards are placed on our printing press with other jobs or “gang printed”. MP will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5,000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. MP accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product. All colors contained within any RGB digital file will be converted to MP’s CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via MP’s online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, MP strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, MP strongly suggests you purchase a hard copy color proof from MP.
The fees for MP 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. MP requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. MP 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. MP 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 MP, 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 MP deems acceptable), ACH or wire transfer. Unfortunately, MP can no longer accept any other forms of payment from or extend credit terms to customers who are located outside the United States.
Sales Tax Policy
MP 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 MP with a Valid California Resale Certificate. MP requires that resale certificates be provided at the time of order via mail or faxed to (760) 268-1722.
Refunds & Cancellation
No refunds of any nature will be granted once MP begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.
3. Production Time & Delivery
Our daily deadline for receiving materials to begin work on an order is 12 noon PT. Quoted Production Times start only after MP receives final approval of your layout and summary of printing charges with no further changes per MP’s Approval Form. MP quoted production business days 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 MP observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. MP is not liable for damage caused by any service carrier. Carrier claims are limited to $100. MP 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 MP’s facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.
4. Indemnification, Damages
You agree to indemnify and hold MP 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 MP. 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 or artwork.
The liability of MP, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to MP for its products and services. In no event will MP 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. 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 MP. You hereby waive any Statute of Limitations to the contrary.
5. Ownership & Limited Use
By placing an order with MP, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with MP and; (ii) are authorizing MP to print such order on your behalf. Any images/graphics, text or other materials supplied to MP by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to MP. However, any additional materials created by MP 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 MP. Digital files of an MP 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 MP 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 MP) without repurchasing the image for this additional use.
MP reserves the right to reprint and distribute your finished cards as examples of a MP postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to MP’s collateral marketing materials, website, affiliates’ websites, affiliate programs, MP catalogs, catalogs of others, emails, and any other marketing in any medium that MP may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to MP at the following address: 1675 Faraday Avenue, Carlsbad, CA 92008, or by email to the following address: email@example.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.
6. Mailing Services & Mail Delivery
When utilizing our Mailing Services, MP shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will MP be liable for special, incidental, or consequential damages of any kind. MP’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. MP shall not be liable for USPS performance failures or delivery delays. MP accepts no responsibility for any additional services performed outside of MP, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services. Any remaining customer cards not mailed through MP Mailing Services will be returned via UPS at customer’s expense and shipped to the contact address on file unless otherwise specified by the customer.
7. Mailing List(s)
MP 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 MP, is the exclusive property of the customer and shall be used only with customer’s instructions. It is customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list. MP 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, and MP will not utilize the list for any other purpose. For additional information regarding mailing lists and security please refer to the MP Mailing List, Privacy, Security and Limitations of Liability Agreement. PDF
Unless otherwise instructed, MP will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing up to 100 duplicates within an entire list. Duplicate removals in excess of 100 duplicates will be charged at $5 per 1,000 with a $35 minimum. 100% accuracy of removal cannot be guaranteed due to data variances.
Change of Address updates
U.S. Postal Service requires that all first class presorted mailings comply with Move Update. MP assumes no responsibility for failure to do so. Refer to the Updating Your Mailing List page on our website for more information.
MP uses 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.
For mailing lists purchased from MP, MP offers 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 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.
Sections 5, 6, 8, and 11 of MP’s Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them 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 MP. You hereby waive any Statute of Limitations to the contrary.
Terms and Conditions of Use/Website
MP provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at Modernpostcard.com or any other web sites (collectively, the “Site”) operated by Iris Group, Inc. d/b/a Modern Postcard or one of its divisions or subsidiaries (collectively, “MP”), you agree to abide by these 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 MP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MP without our express written consent. You may not use any meta tags or any other “hidden text” utilizing MP’s name or trademarks without the express written consent of MP. Any unauthorized use terminates the license granted by MP. 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 MP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MP logo or other proprietary graphic or trademark as part of the link without express written permission.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site 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 purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any MP employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) 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; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) 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 (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not 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.
3. Usage and Monitoring
MP does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MP does not sell products for children. If you are under 18, you may use Modernpostcard.com only with involvement of a parent or guardian. MP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While MP has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, MP reserves the right to delete and take other appropriate action with respect to such messages, information or files with which MP, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.
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 MP for all claims resulting from content you supply. MP 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. We reserve the right to distribute free samples of your postcard.
5. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of MP or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. MP 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 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 MP and are protected by United States and international trademark law. They may not be used without the written permission from MP 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. MP has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. MP 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. MP reserves the right to terminate any link at any time.
All items purchased from MP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. Disclaimer and Limitation of Damages
(a) MP 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, including, 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, MP 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 MP, 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. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. MP reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither MP nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) 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.
(d) 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 e-mail 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.
You agree to indemnify and hold MP 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.
11. Applicable Laws
MP 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 MP 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 e-mail and messaging system shall in no way be deemed to constitute legal notice to MP or any of its officers, employees, agents or representatives, such as where notice to MP is required by contract, or any federal, state or local laws, rules or regulations.