1. General Rules and Definitions
If you choose to use the Celltography.com website or the Postcard Star App ("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 Celltography, LLC ("Celltography"), 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 Celltography. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Celltography at any time.
3. Use of The Services:
Registration:
There is no need to register in order to use the Celltography.com website. You must register in order to use the Postcard Star App. The Postcard Star App provided by Celltography enables users to design real postcards with an iPhone, iPod Touch, iPad or Blackberry smartphone and have Celltography print, stamp and mail them. Postcard Star App accounts are associated with a User's Device Identification Number and the user's name and email address (iDevice only). Each Postcard Star account and the postcards created by them are the sole responsibility of the account owner and authorized users.
Cost:
The current cost of a Postcard created with the Postcard Star App and mailed to a destination within the USA is 1 credit and a postcard mailed outside of the USA has a cost of two credits. Our current introductory price for each credit is 1 dollar. Each user is given a free credit when they first install the Postcard Star App on their iPhone, iPod Touch, iPad or Blackberry smartphone. If the Postcard Star App is updated, modified or reinstalled on the same device another credit will not be deposited in the user's account as Celltography provides only one free credit per device.
Credits:
You may purchase credits with a credit card or Paypal account from within the Postcard Star App (just the credit card option is available in Blackberry version). At this time we do not sell credits over the telephone or via an internet browser. Credit card transactions are processed and verified by PayPal. We never store credit card numbers on any of our servers.
You are welcome to pay for one credit at a time as you need them or conveniently purchase credits in advance which will be stored in your account. Celltography has no plans to cause credits to expire prior to their use.
You do not need to resubmit credit card data each time you buy more credits. On behalf of Celltography, PayPal stores your credit card data so that Celltography may access it as a user authorizes. After you use a credit card once, we give you a chance to easily reuse the credit card data for subsequent transactions.
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 Postcard Star App and realize that anyone who uses said device will be able to operate the Postcard Star App and possibly charge more credits to the account owner. Celltography, the operators of the Postcard Star App, and its suppliers will not routinely preview or screen images submitted to Celltography 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 Celltography 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 6 inches. Each user is solely responsible for the submission of the correct address for each postcard that they create and have Celltography mail. If a user instructs Celltography to send a postcard to the wrong address or an address that can't receive a postcard 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.
3. Disclaimer of Warranty
We provide The Services "as-is," "with all faults" and "as available." Celltography does not warrant that your use of The Services will be uninterrupted or error-free. Celltography and its suppliers make NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND CONTENT contained in The Services. Celltography 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, Celltography 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 Celltography.com.
4. Disclaimer of Liability and Indemnification:
For quality control purposes Celltography has plans to review a minority of postcards it prints and mails. With just cause, to be determined exclusively by Celltography, Celltography 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. Celltography does not endorse the design or content of any postcard.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Celltography 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 CELLTOGRAPHY 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 Celltography 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 Celltography for those losses, damages and costs.
5. Links
Celltography 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 Celltography of the site. Use of any such linked web site is at the user's own risk.
6. Terms of Use Revisions
Celltography 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.
7. Governing Law
Any claim relating to The Services of Celltography shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions.
8. Termination:
This Agreement is effective until terminated by Celltography. Celltography 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 Celltography but you will be still legally bound by this Agreement.
9. Other rights
All rights not expressly granted herein are reserved.