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Legal
1. Terms of Use
Thank you for visiting RedStamp.com ("Website"). Prior to using RedStamp.com, please carefully review the following terms that govern your use and purchase of products from this Website. RedStamp.com provides online services ("Online Services") to you, subject to the terms of this Online Service Agreement ("OSA"). Your use of RedStamp.com indicates your agreement to be bound by this OSA. This OSA comprises the entire agreement between you and RedStamp.com and supersedes any prior agreements between you and RedStamp.com with respect to the subject matter hereof or thereof. RedStamp.com may revise this OSA at any time, without notice to you. All revisions to this OSA shall be effective immediately upon posting such revisions at www.RedStamp.com/public/legal_info.asp. You agree to review the OSA periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 12, (Termination) below. Your continued use of this Website and Online Services following posting of the revised OSA shall be conclusively deemed to be acceptance of all such revisions. The term "RedStamp.com" used in this OSA means RedStamp.com and Red Stamp, Inc.
2. Privacy
Any information you provide to us is subject to RedStamp.com's privacy policy ("Privacy Policy") as set forth at www.RedStamp.com/public/privacy_security.asp. Please carefully review our Privacy Policy.
3. Rights and Responsibilities
3.1 Content. you acknowledge that unless otherwise noted, the contents of this Website, including, but not limited to, products, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, "Content") is owned, licensed or controlled by RedStamp.com or its third party card suppliers; and is protected by United States and international copyright, trademark and/or other intellectual property law. Moreover, the compilation of all Content on this Website is the exclusive property of RedStamp.com and is protected by U.S. and international copyright, trademark and other applicable intellectual property laws.
3.2 Rights. You acknowledge that (a) Contents of this Website, and the Website as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from RedStamp.com) use by the users of this Website; (b) RedStamp.com permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by RedStamp.com or third parties (collectively, "Rights"), (c) these Rights are valid and protected in all media existing now or later developed, and (d) except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of RedStamp.com. RedStamp.com grants you a limited license to access and make personal use of this Website and does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of RedStamp.com, or where expressly permitted. You agree not to use or resell RedStamp.com or the services it provides for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
4. Member Conduct and Communication
4.1 General. RedStamp.com may elect at its sole discretion to monitor some, all or none of the areas of your use of the Website for adherence to this OSA. You agree to use RedStamp.com solely for lawful purposes. Any conduct by you that, in RedStamp.com's sole discretion, restricts or inhibits any other person or entity from using or enjoying the website or any service provided by the website, will not be permitted and shall entitle RedStamp.com to immediately terminate your membership without notice.
4.2 Information provided by You. You agree that any information you provide to RedStamp.com is truthful and accurate. You acknowledge that RedStamp.com does not pre-screen content submitted by users, but that RedStamp.com shall have the right (but not the obligation) in its sole discretion to refuse or move any content that is made available via RedStamp.com by any user that violates this OSA or is otherwise objectionable. You also acknowledge and agree that RedStamp.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this OSA; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RedStamp.com, its users and the public.
4.3 User Information. You agree that RedStamp.com may use or disclose information about your demographics and use of the Website in any manner in accordance with the RedStamp.com's Privacy Policy (www.RedStamp.com/privacy.htm). By participating in RedStamp.com's promotions or requesting promotional information or product updates, you agree that RedStamp.com may use your information for marketing and promotional purposes.
4.4 RedStamp.com's Communications with you. You agree that RedStamp.com may send electronic mail to you for the purpose of advising you of upcoming events in your calendar, changes or additions to this Website, about any of RedStamp.com's products or services, or for such other purpose(s) as RedStamp.com deems appropriate.
4.5 User Comments, Feedback and Submissions. RedStamp.com welcomes comments regarding its Website(s), products and services. However, its is RedStamp.com's policy not to accept or consider creative ideas, suggestions or materials other than those specifically requested by RedStamp.com. It is our hope that you will understand the intent of this policy is to avoid misunderstandings if projects developed by RedStamp.com (or its third party vendors or suppliers) are similar to someone else's creative work. Accordingly, we request that you not send us any such ideas. If, despite our request, you send us comments, feedback, postcards, creative suggestions, ideas, notes, drawings, concepts or other information or submissions (collectively, the "Comments"), such Comments shall constitute an assignment to RedStamp.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. As such, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Comments. Thus, RedStamp.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. RedStamp.com is and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay to user any compensation for any Comments; or (c) respond to any user Comments.
4.6 Impermissible Conduct. You may not engage in conduct or communication while using this Website which is unlawful or which restricts or inhibits any other person from using or enjoying this Website or the services it offers. You agree to use RedStamp.com solely for lawful purposes. RedStamp.com reserves the right to exercise whatever means necessary to prevent unauthorized access to our service, including, but not exclusive to, technological barriers, IP mapping, and direct contact with your Internet Service Provider ("ISP"). RedStamp.com reserves the right to terminate your membership if it determines in its sole discretion that you have engaged in any impermissible conduct. RedStamp.com may also implement certain technical barriers to prevent banished members from returning to the Website. Set forth below are some common examples of impermissible conduct. This list is not exhaustive. RedStamp.com reserves the right, but does not assume the responsibility, to restrict conduct which RedStamp.com deems in its discretion to be harmful to individual users, damaging to the communities which use the Website, or in violation of RedStamp.com's or any third party's rights.
You may not use RedStamp.com to upload, post, email, send by e-card, transmit or otherwise make available any content to: (1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of RedStamp.com or other person or entity, (2) post or transmit sexually explicit images or other content which is deemed by RedStamp.com to be offensive, (3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content, (4) impersonate any person, including but not limited to, a RedStamp.com official or employee, any third party content provider, or communicate under a false name or a name that you are not entitled or authorized to use, (5) post or transmit chain letters or pyramid schemes, (6) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other individuals or entities; (7) violate any operating rule, policy or guideline of any other interactive service, (8) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, (9) modify any files which RedStamp.com does not specifically authorize you to modify, or (10) transmit intentionally or unintentionally any virus, worm, time bomb, trojan horse, or any other destructive program.
4.7 Your Representations and Warranties. You represent and warrant that you own or otherwise control all of the rights to any content you submit or post to or through this Website; that the content is accurate; that use of the content you supply does not violate this OSA and will not cause injury to any person or entity; and that you will indemnify RedStamp.com for any and all claims resulting from content you supply.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL RedStamp.com BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR CONTENTS IN THIS WEBSITE, EVEN IF RedStamp.com OR A RedStamp.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RedStamp.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
6. DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RedStamp.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RedStamp.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RedStamp.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT RedStamp.com) ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT Red Stamp SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Product Information Disclaimer
It is our intent to provide the most up-to-date and accurate information available throughout this Website and in our communications with you, however, there may be occasions where information on RedStamp.com contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. RedStamp.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, RedStamp.com reserves the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Red Stamp purchase you may return it with your invoice to us by mail within thirty (30) days of the date printed on the invoice.
8. Pricing Information
The prices displayed within this Website are quoted in U.S. Dollars and are valid and effective only in the United States.
9. Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
10. Links to Other Websites and Services
To the extent that this Website contains hyperlinks to outside services and resources, the availability and content of which RedStamp.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
11. Indemnification
Upon request of RedStamp.com, you agree to defend, indemnify and hold harmless RedStamp.com, its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damages, liabilities, settlement, costs or expense (including legal expenses and the expenses of other professionals) as incurred, resulting from or arising out of any claim in connection to the use of either RedStamp.com's Website, its services or from the breach of this OSA. RedStamp.com shall have the right to investigate, compromise, and defend any claim alleged against you that relates to this Website, the OSA or the services offered by RedStamp.com. RedStamp.com shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of RedStamp.com's selection without relieving you of any obligations hereunder at RedStamp.com's sole expense. Any final judgment rendered against RedStamp.com for any cause of action for which you are liable hereunder shall be conclusive against you as to liability and amount. Your obligations herein shall survive any termination of this OSA.
12. Termination
This OSA is effective unless and until terminated by either you or RedStamp.com. You may terminate this OSA at any time. RedStamp.com may also terminate this OSA at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in RedStamp.com's sole discretion you fail to comply with any term or provision of this OSA. Upon any termination of this OSA by either you or Red Stamp, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this OSA or otherwise
13. Governing Law and Jurisdiction
This OSA and any disputes relating to this OSA, to your visit to the Website or to the products purchased through the RedStamp.com will be governed and construed in all respects by the internal laws and decisions, other than conflict of laws provisions, of the State of Minnesota, including, without limitation, all matters of construction, validity, enforcement and performance. Any dispute relating in any way to this OSA, to your visit to RedStamp.com or to the products you purchase through RedStamp.com shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate RedStamp.com's intellectual property rights, RedStamp.com may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this OSA shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this OSA shall be joined to an arbitration involving any other party subject to this OSA, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against RedStamp.com.
14. Miscellaneous
This OSA contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral negotiations, agreements, representations and warranties between them relating to the subject matters hereof. If any provision of this OSA shall be held to be invalid or unenforceable in any respect, such provision shall be carried out and enforced to the extent to which it shall be valid and enforceable, and any such invalidity or unenforceability shall not affect any other provision of this OSA, all of which shall be fully carried out and enforced as if such invalid or unenforceable provision had not been set forth herein. RedStamp.com makes no representation that materials in this Website are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
15. Copyright Agent
RedStamp.com values the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact RedStamp.com's Copyright Agent and provide a description of the copyrighted material that you believe is infringed, including how you believe it was infringed, a URL from the Website where the work appears, and your contact information.
Please send your copyright information to: info@RedStamp.com
