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TERMS & CONDITIONS
DISCLAIMER
1. INTRODUCTION
Welcome to LivePostcard! Please review the following terms of service
before using this Site.
This agreement, and any other terms and conditions posted on any
individual page of this Site, governs the user and Member services
on the Site. Use of this Site constitutes acceptance of these terms
and creates a binding legal agreement wherein you agree to use the
Site in a manner consistent with all applicable laws and according
to the terms and conditions listed below.
2. COPYRIGHT AND TRADEMARK INFORMATION
LivePostcard is a registered trademark, and other LivePostcard product
names, service names, slogans or logos referenced in this Site are
trademarks or registered trademarks of LivePostcard. All other company,
product or service names referenced in this Site are used for identification
purposes only and are trademarks of their respective owners.
All images, text and any other content on this site are protected
by copyright, trademark, patent or other proprietary rights and
laws. LivePostcard owns the images and text contained in his/her
Photo Journal. LivePostcard reserves its rights in and to all other
content contained in the Site. Unless otherwise noted, all content
is copyright ©LivePostcard, Inc. All Rights Reserved.
3. PRICE AND PAYMENT
LivePostcard membership is currently offered free of charge, with
no obligation of purchase.
Products including, but not limited to purchase of prints, vacation
albums, and attraction merchandise, are available at prices as stated
on the site.
4. TERMS OF MEMBERSHIP
Membership is available to anyone who provides all required information
including, but not limited to your name, and address, and email
address. In addition, each Adventurer receives a LivePostcard password
for future access to the Site. The Adventurer will then be able
to create a Photo Journal by having their picture taken by a LivePostcard
photographer at participating LivePostcard attractions.
(a) Adventurers may have no more than three active memberships or
adventure accounts at LivePostcard.com. An individual member may
have multiple accounts and Photo Journals so long as the total amount
of stored data does not exceed the maximum allowed storage capacity
at any one time.
(b) Registration is not required to view a Photo Journal.
(c) Membership is non-transferable.
(d) Membership and the LivePostcard service is also governed by
the LivePostcard Privacy Statement. Please click here to review
our Privacy Statement.
(e) Members may view and order prints of the Photos contained in
a Photo Journal. They may also insert comments or messages viewable
by everyone who accesses a Photo Journal.
(f) All use of this Site is subject to the following:
(i) Member's Photos may not be modified or altered in any way, except
by LivePostcard or tools available through the LivePostcard site.
(ii) Except as expressly provided herein, you may not use, download,
upload, copy, print, display, perform, reproduce, publish, license,
post, transmit or distribute any materials from this Web site in
whole or in part without the prior written permission of LivePostcard.
LivePostcard claims no ownership rights in the content you place
on your LivePostcard Photo Journals. For the sole purpose of displaying
images to selected persons, and to fulfill your or another member's
print order, Adventurers grant to LivePostcard, Inc. a non-exclusive,
worldwide, royalty-free license to use, download, upload, copy,
print, display, reproduce, modify, publish, post, transmit and distribute
any material included in a Photo Journal. We will not use an Adventurer's
images for marketing purposes or any other purposes without obtaining
the Adventurer's express permission.
LivePostcard and its licensors reserve the right, in their sole
discretion and without any obligation, to modify the Site or Materials
at any time without notice.
5. GUIDELINES FOR MEMBERS
(a) LivePostcard does not control the content of any Photo Journal
and does not have any obligation to monitor such content. Therefore,
all content is the responsibility of the Adventurer, not LivePostcard.
If there is a problem, it is the users responsibility to notify
LivePostcard. LivePostcard will make reasonable efforts to correct
the problem.
(b) LivePostcard makes no express or implied warranties about the
reliability of the Photo Journal, and is not responsible for any
damage caused by loss, deletion or alteration of journals.
(c) Unacceptable actions and content on the Site, listed below,
will constitute grounds for blocking access, removal of posted material
and/or membership termination. It is a condition of your use of
the Site that you do not:
(i) Upload, post, email or otherwise transmit any content that is
unlawful, harmful, threatening, harassing, defamatory, obscene,
vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
(ii) Upload, post, email or otherwise transmit any content that
you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements) or any content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
(iii) Harm minors in any way;
(iv) Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any content transmitted through the Site;
(v) Upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software; upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
(vi) Interfere with or disrupt (or attempt to interfere with or
disrupt) the Site or servers or networks connected to the Site,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Site;
(vii) Exhibit expressions of abuse, offensive language and imagery,
obscenity, or
pornography, including, but not limited to, child abuse, child pornography,
depictions of minors engaged in sexual conduct or explicitly sexual
situations, or any other material that could give rise to any civil
or criminal liability under applicable state or federal law, or
violating any laws or regulations of any governing body having jurisdiction
over LivePostcard, Inc., its affiliates or users.
6. TERMINATION OF MEMBERSHIP SERVICE
(a) LivePostcard may terminate Membership and delete any and all
information, communications, postings, journals and image files
at any time, without notice, for conduct violating this Agreement
or other policies or guidelines set forth by LivePostcard elsewhere
on the Site.
(b) LivePostcard may terminate Membership and delete any and all
information, communications, postings, journals and image files
at any time, without notice, for online conduct that LivePostcard
believes is harmful to other Adventurers, the business of LivePostcard,
or other third party information providers.
(c) LivePostcard reserves the right at all times to disclose any
information posted by you or any other user as necessary to satisfy
any law, regulation or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in
part, that in LivePostcard's sole discretion are objectionable or
in violation of these terms and conditions.
7. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
(a) LivePostcard hereby disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or material in this
Site.
LivePostcard further disclaims any responsibility for the deletion,
failure to store, misdelivery, or untimely delivery of any information
or material. LivePostcard disclaims any responsibility for any harm
resulting from downloading or accessing any information or material
through the Site. You, the Adventurer, will bear all risk associated
with any content that you access. Your accessing of any content
made available by or through LivePostcard and third parties is subject
to your agreement to this provision and these Terms and Conditions.
(b) Image Processing - Limit of Liability and Remedy. All processing
of prints, slides, or digital images is subject to LivePostcard,
Inc.'s Terms of Service. Submitting any print, slide, or digital
image to LivePostcard for processing, printing, storage, transmission
or other handling constitutes an agreement by you that any damage
or loss by LivePostcard, Inc., its subsidiaries, employees, or agents,
even if caused by negligence or other fault, will only entitle you
to replacement with a like amount of processing. Except for the
exclusive remedy of replacement, the handling of any, print, slide,
or digital image is without warranty or liability and recovery for
any incidental or consequential damages is excluded.
(c) THIS SITE AND ALL PRODUCTS , MATERIALS, AND SERVICES PROVIDED
THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER.
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT, ARE EXPRESSLY
DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVEPOSTCARD
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THIS SERVICE. LIVEPOSTCARD DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS
SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH
ANY LINKS PROVIDED IN THE SITE.
LIVEPOSTCARD SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE SITE.
(d) YOU, THE ADVENTURER, UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS
AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH
MATERIAL.
(e) UNDER NO CIRCUMSTANCES SHALL LIVEPOSTCARD BE LIABLE TO ANY USER
ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE
OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES (EVEN IF LIVEPOSTCARD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE
OR DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE
OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES.
(f) THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
8. GOVERNING LAW
(a) All legal issues arising from or related to the use of this
Site shall be construed in accordance with, and all questions with
respect thereto shall be determined by, the laws of the State of
Alaska without regard to conflicts of law principles. By using this
Site and agreeing to these Terms and Conditions, you consent to
personal jurisdiction and venue in the state and federal courts
located in and serving Anchorage, Alaska with respect to such disputes
arising out of or relating to these Terms and Conditions or your
use of the Site.
9. INDEMNITY
By using this web site you agree to indemnify LivePostcard and its
parents, subsidiaries, affiliates, directors, officers, consultants
and employees and hold them harmless from any and all claims and
expenses, including attorney's fees, arising from your use of this
Service.
10. MODIFICATION OF TERMS
LivePostcard reserves the right to change this policy at any time,
for any reason, and without notice, including the right to terminate
these services. Therefore, it is your responsibility to use this
Site only for the purpose in which it was intended. Any use of the
Site not in accordance with the intended purpose is prohibited.
11. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between the
you, the Adventurer, and LivePostcard with respect to the subject
matter contained herein and supersedes any other agreement, proposals
and communications, written or oral, between LivePostcard's representations
and you with respect to the subject matter hereof, except that any
other terms and conditions located on any individual site associated
with LivePostcard are incorporated herein by this reference to the
extent they do not conflict with these Terms of Service.
12. VIOLATIONS OF TERMS OF SERVICE
Should you violate these Terms of Service or any other rights of
LivePostcard, LivePostcard reserves the right to pursue any and
all legal and equitable remedies against you, including, without
limitation, terminating any and all user accounts. If LivePostcard
should fail to enforce any right or provision in these Terms of
Service, you agree that this failure does not constitute a waiver
of such right or provision or of any other rights or provisions
in these Terms of Service. If a court should find that one or more
rights or provisions set forth in these Terms of Service are invalid,
you agree that the remainder of the Terms of Service shall be enforceable
and that, to the extent permitted by law, the court shall give effect
to the parties' intentions, as reflected in any such right or provision
that has been declared invalid or unenforceable.
13. REPORTING VIOLATIONS OF THESE TERMS OF SERVICE
Any violations of these Terms of Service should be immediately reported
to LivePostcard by email to privacy@livepostcard.com.
PRIVACY POLICY
We at LivePostcard have a firm commitment to safeguarding the privacy
of our customers. This page will inform you about our information
gathering and dissemination practices for the www.livepostcard.com
website. Please read on!
Privacy Philosophy
LivePostcard is committed to providing you with a safe and private
environment to upload, share and print your photos. By emailing
an invitation to share your photos to your friends and family, you
give specific users the opportunity to view as well as buy prints
from Photo Journals you explicitly designate for sharing. Only those
who have registered to become LivePostcard Adventurers can modify
journals. The registration form requires a registrant to give contact
information such as his or her name, and email address, and certain
demographic information. Recipients that view your Photo Journal
can forward links to your Photo Journal for viewing by other people.
In addition, like many web sites, LivePostcard tracks the usage
patterns of various areas and journals throughout the site. However,
LivePostcard does not share your photos with anyone or provide information
about your photos without your expressed consent, unless required
to do so to satisfy any law, regulation, or governmental request.
Your personal information is used to conduct business with you,
to verify your identity as a registered LivePostcard Adventurer
for access to your Photo Journal and for the receipt of prizes and
other free materials. Personal information will not be rented, sold
or shared with any partner.
Demographic information is used to personalize your experience at
the site and may be used as part of aggregated data, such as for
marketing, promotional and advertising purposes, for statistical
analysis of user behavior and for product development and content
improvement.
LivePostcard may change this privacy policy without notice from
time to time. Please visit this page often for updates and changes.
However, we will not be using the information collected from you
in a manner different from that stated at the time of collection.
Below you can find our complete privacy policy. If you have any
questions about privacy at LivePostcard, please send us an email
at privacy@LivePostcard.com.
Order Forms
The LivePostcard web site uses online order forms for you to order
prints and products from LivePostcard. When you fill out order forms,
you will be asked to provide personal information such as your name,
mailing and email address and financial information such as a credit
card number and expiration date. We use this information to process
your order and to notify you of your order status.
Financial information is used by LivePostcard to conduct business
with you and is not shared with, rented, or sold to any other third
party, other than those persons necessary to process your order.
For example, your financial information may be shared with the financial
institution that issued your credit card.
Registration
Our site's registration form requires users to give us contact information
(like name and email address) and demographic information (like
zip code, age, and interests). We may use customer contact information
from the registration form to send the user information about our
company and promotional material from some of our partners. The
customer's contact information is also used to contact the visitor
when necessary. Users may opt-out of receiving future mailings;
see the choice/opt-out section below. Demographic and profile data
is also collected at our site. We use this data to tailor the visitor's
experience at our site, showing them content that we think they
might be interested in, and displaying the content according to
their preferences. This information is shared with advertisers on
an aggregate basis.
Surveys and Contests
From time to time, you may have the opportunity to enter a contest
or fill out a customer survey.
We may ask you for personal or demographic information such as your
name, gender, address, and e-mail address so we can administer the
contest and notify the winner. We may also ask questions about your
vacation.
Sometimes we use this data to tailor your experience at our site,
by showing you content and offers that we think you might be interested
in, based on the information you provided to us, and by displaying
content and offers according to your preferences. Personally identifiable
information will not be shared with our partners unless you have
given us permission to do so. We may make aggregate statistical
and demographic information available to select third party partners
of LivePostcard.
Demographic information does not personally identify you.
In our forms you are given the choice to receive email updates specially
designed for our members. If you decide to receive updates from
LivePostcard, we will email you from time to time.
Subscription to our email updates is optional and requires your
consent. You can opt-in or opt-out of receiving email updates at
any point in time. Your email address will not be shared with our
partners unless you have given us permission to do so.
User ID
When visiting our site, we assign you a unique User ID and attempt
to store it onto your computer in the form of a cookie. Cookies
allow us to present you with content and offers specific to your
interests. Cookies are also used to track the contents of your shopping
basket and to allow you to see photo albums that you have previously
viewed or created. The contents of your shopping basket however
are not stored in the cookie. This information is tracked in a database
on our server. A cookie-based User ID is not necessary for you to
shop on our site. Upon your explicit approval, we can also save
your password in the cookie, so you don't have to re-enter it each
time you visit our site. If you are uncomfortable with the idea
of being assigned a User ID, we recommend disabling cookie support
in your browser. Please see your browser documentation for specific
procedures.
IP Address
Like most Internet sites, we use your IP address to help diagnose
problems with our server, and to administer our Web site. We analyze
IP addresses in the aggregate for system administration purposes
and to gather broad demographic information. This information is
distributed to current and potential advertisers. However, name
and specific registrant information is not linked to broad demographic
data. We do not link IP addresses to your computer's User ID, with
the following exception: when you place an order using our online
checkout process we record your computer's IP address with your
order to help us identify fraudulent credit card use. We may share
this information with the financial institution that issued the
credit card with which an order was placed, or with law enforcement
authorities if we determine, or are notified, that the use of the
credit card was fraudulent.
Affiliate ID
If you entered our site by clicking a link or banner ad on one of
our affiliate web sites, we will store the ID of the affiliate site
in our database along with your computer's User ID. We do this to
ensure that the affiliate receives proper credit for any subsequent
order you might place. Your personally identifiable information
will not be shared with any affiliate, however.
External links
This site contains links to other sites. LivePostcard is not responsible
for the privacy practices or the content of such other web sites.
Pictures
Any pictures designated by the user as "public" are freely
available for viewing from anyone on the Internet.
Security
This site has security measures in place to protect the loss, misuse
and alteration of the
information under our control. We have put in place appropriate
physical, electronic, and managerial procedures to safeguard and
secure the information we collect online. Access to data is limited
to authorized LivePostcard staff members and is further restricted
by password protection mechanisms. Users are given the option to
not be listed in public searches. Web security and security procedures
are reviewed and updated on a regular basis to ensure best data
protection, which includes installing the latest security upgrades.
Email links to postcards are encrypted to secure and protect account
numbers. By default, all orders placed on our site are done on a
secure server that encrypts all financial information through SSL.
We do not store your credit card in our database unless you explicitly
instruct us to do so. When we do store credit card information in
our database, it is always encrypted.
Links
This site contains links to other sites. LivePostcard.com is not
responsible for the privacy practices or the content of such Web
sites.
Children's Guidelines
We suggest that children seek parental consent before submitting
personally identifiable information on this web site.
User Profile
Our site provides you with the opportunity to opt-out of receiving
communications from us or change your user information by modifying
your user profile.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can send
email to privacy@LivePostcard.com.
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