THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site. These terms and conditions also apply for orders placed though websites in association with Punch Street directing traffic to this site.
YOUR USE OF THE SITE
Punch Street grants you a limited license to access and make noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of punchstreet.com or where expressly permitted. You agree not to use or resell punchstreet.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the messaging services provided by punchstreet.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through punchstreet.com, you agree that you are 18 years of age or older
Punchstreet.com may change, suspend or discontinue any aspect of its products and services at any time, including the availability of any feature or content. Punchstreet.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.
There is no guarantee to Technical support.
From time to time The Service will need to undergo maintenance and its printing systems may be off line.
Updates to Terms
Proprietary Rights and Intellectual Property
All content included on this site, including but not limited to, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of punchstreet.com, or its content suppliers or licensors and is protected by United States copyright, trademark, and other intellectual property and other 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 web site, or in any other way exploit any of the content, in whole or in part without the specific permission of punchstreet.com.
Unless noted otherwise, you may access the Site, the Site content and any other trademarks and service marks, along with our trade names, trade dress and designs (collectively, the “Marks”) for your personal, educational, and non-commercial use only. You will not acquire any ownership rights by downloading any Site content. You may not use, modify, copy, publish, display, reproduce, duplicate, modify, create derivative works from, participate in the transfer or sale of, reproduce, create derivative works from, perform, incorporate into another website, distribute, transmit, adapt, frame or in any way sell or exploit the Site content or Marks, in whole or in part, without the express prior written consent from Punch Street LLC. You must abide by all copyright notices or other restrictions contained in the site. Any use of the Marks or the Site content other than as specifically authorized is strictly prohibited and will terminate any permission(s) granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to any intellectual property rights.
You agree that any information you provide to punchstreet.com is truthful and accurate, and complete including the name or identity of the sender of any message, service or product. Our printing system is automated and relies on the virtue and honesty of its Clients.
If the bandwidth of content The Client uploads to The Service is, in Punch Street’s sole discretion, “excessive” or significantly exceeds the average bandwidth usage (as determined solely by The Service) The Service’s other customers, we reserve the right to immediately ban The Client from the service or throttle The Client’s file uploading privileges until The Client can reduce bandwidth consumption. You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. Punchstreet.com reserves the right to limit, in its sole discretion and without prior notice to you,the number of cards, letters or messages that you may send using punchstreet.com or the number of recipients to which you send such cards, letters or messages.
You acknowledge that Punchstreet.com is not obligated to prescreen content submitted by users, but that punchstreet.com shall have the right (but is not mandated) in its sole discretion to refuse, move or remove any content that is made available via punchstreet.com or to refuse to accept content for use in any products or services offered on or through punchstreet.com by any user that violates these terms of service or is otherwise objectionable in punchstreet.com’s sole discretionary judgment.
You understand and agree that we may, in our sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses granted hereunder and otherwise, terminate or temporarily suspend your access to the Site, and discard, remove, and/or disable or deactivate any or all of your content that you submitted to the Site and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. We may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason,with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time by reviewing your registration.
No one may modify, adapt or hack The Service or modify another website so as to falsely imply that it is associated with The Service. The Client must not upload any worms or viruses or any code of a destructive nature to The Service.
If, in punchstreet.com’s sole discretionary determination, you violate Punch Street’s Member Conduct policy, punchstreet.com may block you, and those using any email account associated with you from sending cards, letters or using any or all of the services available on punchstreet.com. If you are a member of a subscription service, Punch Street may terminate or disable your account or subscription without compensation or refund. PUNCHSTREET.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY PUNCHSTREET.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
In addition, Punch Street reserves the right to reject or cancel any client account, at any time.
PunchStreet.com allows only one email address per Client.
Purchase of Products or Services
You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Punchstreet.com does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis or promotional offerings are non-refundable.
Responsibility to Submit Accurate Address Information
Orders that are missing vital information or that have data fields that have become corrupt may not be processed. Orders that cannot be processed will be deleted. Liability will be for only the price of the requested transaction. Under normal circumstance, all orders will be processed regardless of apparently missing address information. It is impossible for The Service to analyze the validity of any address due to the limitless permutations, spellings, and abbreviations found throughout the globe. Punch Street assumes The Client is aware of the importance of an accurate address and the use of any postal codes that are available, and is therefore accepting the risk of no delivery. Orders which get returned to The Service due to incorrect or obsolete address information will be discarded, with no refund. Orders which get lost in the postal system and are never delivered or returned will not be refunded.
No Guarantee of Delivery of Card to Destination Address
Just like when you drop your mail in the mailbox, product delivery to final destination is not guaranteed. The Service only guarantees delivery to the local Post Office. Delivery addresses given must be current and proper legal addresses, recognized by the local postal establishment, or delivery may not be possible. Service is void where prohibited by political intervention or international sanctions.
If you purchase a subscription, your subscription will begin being effective on the date payment is received and will continue for the period provided for the subscription you purchased.
We respect the intellectual property rights of others and take any violation of those rights very seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”), 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 provide our copyright agent with the following information:
- Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright and other intellectual property right infringement can be reached as follows:
By U.S. Mail: Punch Street, LLC, 9316 214Pl, Suite A, Queens NY 11428 Attention: Copyright Agent
By email: copyright@PunchStreet.com –SUBJECT LINE “Notice to Copyright Agent”
You agree to indemnify, defend and hold us, our heirs, executors, successors, assigns, parent companies, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (“Covered Parties”), harmless from and against any and all loss, liability, damages, claims and/or demands (including reasonable attorneys' fees, costs and settlement amounts) arising out of, or in connection with: (i) your use of the Site in violation of these Terms, (ii) any breach by you of these Terms or any representation and warranty made by you herein, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by us); (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject; or (v) any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
Limitation of Liability
YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE SITE, THE SITE CONTENT, AND/OR ANY AND ALL PRODUCTS IN THE SHOP IS AT YOUR SOLE RISK. THE SITE, SITE CONTENT, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE, SITE CONTENT, AND/OR PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SITE CONTENT, AND/OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL PUNCH STREET BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF PUNCH STREET OR A PUNCH STREET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, the Service shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of The Service affecting production or delivery in any manner.
PLEASE NOTE, HOWEVER, THAT 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 PUNCH STREET’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 TO PUNCH STREET, IF ANY, FOR ACCESSING THIS SITE.
Disclaimer of Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUNCHSTREET.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. PUNCHSTREET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUNCHSTREET.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT PUNCHSTREET.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. PLEASE NOTE, HOWEVER, THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Product Information Disclaimer
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on punchstreet.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Punchstreet.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, we reserve 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.
Punchstreet.com welcomes comments regarding its products and services.
Please send such comments to email@example.com. However, punchstreet.com’s policy is NOT to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid misunderstandings when projects developed by punchstreet.com’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you NOT send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of punchstreet.com. None of the Information shall be subject to any obligation of confidentiality on the part of punchstreet.com and punchstreet.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
Disputes and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. For any dispute relating in any way to Punchstreet.com’s intellectual property rights, Punchstreet.com may seek injunctive or other appropriate relief in any state or federal court in the state of New York, County of Queens, and you consent to exclusive jurisdiction and venue in such courts. All other disputes that may arise out of or relate to these Terms shall be submitted for resolution to the American Arbitration Association's (“AAA”) New York, New York,office in accordance with the then current Commercial Arbitration Rules. In agreeing to arbitrate such disputes you agree to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in a court of competent jurisdiction in New York, New York. In any proceeding, the prevailing party shall be entitled to have all costs, fees, and expenses (including reasonable attorneys’ fees) paid in connection with the arbitration. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, 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 Punchstreet.com.
Punch Street is not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, acts of terrorism, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Punchstreet.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site 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.