Terms of Use 

 

 

Print to Mail Marketing

 

 

These Terms of Use establish the terms under which MailPro will perform your Print to Mail Marketing project. The general MailPro Terms of Use, available at http://www.mailproinc.com are incorporated by reference into and made a part of these Print to Mail Marketing Terms of Use, except to the limited extent that the general MailPro Terms of Use are expressly modified below.

 

 

By requesting a Print to Mail Marketing project from MailPro, you agree to be bound by these Terms of Use. Please read them, and the general MailPro Terms of Use incorporated herein, carefully. If you do not wish to be bound by the Terms of Use, MailPro will not be able to perform Print to Mail Marketing for you.

 

 

All mailing delivery dates are estimates, not guarantees. MailPro’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). In no event shall MailPro be liable for USPS performance failures or delivery delays. MailPro also will not be liable to you or any third party for any additional services performed outside of MailPro, including but not limited to other third party mail delivery services.

 

 

MailPro shall be liable for printing and covered mailing errors only to the extent of re-mailing a correction or corrected job as soon as reasonably practicable, and allowable damages shall be limited to the value of the printing work performed. Postage is never refundable once the mail piece has been processed for mailing. In no case will MailPro be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to the specific job, whether as a result of errors, mistakes or failure by MailPro to perform services, or otherwise.

 

 

Postal regulations are subject to change, and you are responsible for complying with current mailing restrictions. Please note that we have created file preparation guidelines and product templates to assist you in creating print-ready files.

 

 

MailPro reserves the right, in MailPro’s sole discretion, to refuse to accept any Print to Mail Marketing project or to terminate any Print to Mail Marketing project prior to completion at any time and for any reason. You agree that MailPro shall have no liability of any kind to you or to any third party arising from such refusal or termination.

 

 

MailPro reserves the right to make changes to these Terms of Use and to the services offered by MailPro Print to Mail Marketing at any time without prior notice. You should review these Terms of Use, and the incorporated MailPro Terms of Use, each time you access the Print to Mail Marketing site.

 

Creative Services

 

These Terms of Use establish the terms under which MailPro will perform your Creative Services project. The general MailPro Terms of Use, available at http://www.mailproinc.com, including all product-specific Terms of Use or Terms and Conditions referred to in the general MailPro Terms of Use, are incorporated by reference into and made a part of these Creative Services Terms of Use, except to the limited extent that any such Terms of Use or Terms and Conditions are expressly modified below.

 

 

 

By requesting a Creative Services project from MailPro, you agree to be bound by these Terms of Use. Please read them, including the general MailPro Terms of Use and other Terms of Use and Terms and Conditions incorporated herein, carefully. If you do not wish to be bound by any such Terms of Use or Terms and Conditions, MailPro will not be able to perform Creative Services for you.

 

 

 

Terms Applicable to MailPro Creative Services

 

 

 

1. General Terms Applicable to MailPro Creative Services

 

 

 

a. If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.

 

 

 

b. If you provide MailPro with any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.

 

 

 

c. The designs and/or written copy (collectively, “Designs”) prepared by MailPro for you as part of your Creative Services project may have similarities to Designs prepared by MailPro for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by MailPro and MailPro reserves the right to use the same or similar Design elements in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to MailPro by you, all rights in all Creative Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by MailPro. Your right to use any Designs prepared by MailPro for you is limited to the finished printed products in the form they are supplied to you by MailPro. You may not copy, disassemble, modify, or transfer any such Designs.

 

 

 

d. MailPro reserves the right, in MailPro’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that MailPro shall have no liability of any kind to you or to any third party arising from such refusal or termination.

 

 

 

e. MailPro reserves the right to make changes to these Terms of Use and to the products and services offered by MailPro Creative Services at any time without prior notice. You should review these Terms of Use, and the incorporated MailPro Terms of Use, each time you access the Creative Services site.

 

 

 

f. MailPro reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes.

 

 

 

2. Terms Applicable to Delivery of Designs and Pre-paid Fees

 

 

 

a. Payment for any and all creative services to be provided by MailPro Creative Services is due in advance of any work by MailPro Creative Services.

 

 

 

b. Initial Design concepts are expected to be delivered to you within 5 business days of your initial order provided all content and information needed from you is completed and received. For print products, your Designs will be delivered in web preview format by email notification, which you must view by logging in to your MailPro account with a user ID and Password. For websites, we will publish your website upon completion of the initial design and will notify you by email. You will then have 30 days in which to request up to 2 free revisions. If the email address you provide is not valid or is filtered by your email system, MailPro Creative Services will not be liable for any missed deadlines and will not refund clients for this reason.

 

 

 

c. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee.

 

 

 

3. Acceptance and Cancellation

 

 

 

a. Projects may be cancelled within 10 days of the initial Designs being completed by the MailPro Creative Services team and placed in your MailPro account. If you do not cancel your Creative Services project within such 10-day period, you will be deemed to have accepted such Designs, and all amounts paid or payable by you for the Creative Services project will be nonrefundable.

 

 

 

4. Additional Customer Requirements

 

 

 

a. You must be 18 Years old or older to purchase a Creative Services project and utilize MailPro’s Creative Services.

 

 

 

b. It is your responsibility to provide images, or other content if needed to complete the project. You must contact MailPro with any changes, updates, or enhancements to the project you are requesting starting from date of sale.

 

 

 

c. You must call MailPro Creative Services at 814-695-8822 for any requests to cancel services.

 

 

 

5. Damages and Liabilities

 

 

 

a. MailPro Creative Services disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the MailPro site or any information, even if MailPro has been advised of the possibility of such damages.

 

 

 

b. All delivery times are estimates only, and MailPro is not responsible for any late Creative Services projects and/or impact to Customer’s business due to a late project and/or printing. MailPro advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.

 

 

 

Terms Applicable to Logo Design Services

 

 

 

If your Design Services project involves the development of a logo design, you acknowledge and agree to the following:

 

 

 

a. MailPro is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.

 

 

 

b. MailPro does not guarantee that your logo will not have similarities to logos designed by MailPro for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo apart from your logo as a whole and MailPro reserves the right to use one or more of the design elements in other logo design projects for other parties in the future.

 

 

 

c. Upon payment in full of all design fees owed to MailPro, MailPro will make the logo image artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format. Please check the Design Services site or consult a Design Services Account Representative for a list of available formats. MailPro reserves the right to display the logo in MailPro advertising, promotional, and corporate materials related to its logo design services.

 

 

 

Terms Applicable to High Resolution Image Creation Services

 

 

 

If your Design Services project involves the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following:

 

 

 

a. You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use a higher resolution image version of the image you provide to MailPro and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party.

 

 

 

b. Upon payment in full of all design fees owed to MailPro, MailPro will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format. Please check the Design Services site or consult a Design Services Account Representative for a list of available formats.

These Terms of Use establish the terms under which MailPro will perform your Print on Demand Marketing project. The general MailPro Terms of Use, available at http://www.mailproinc.com are incorporated by reference into and made a part of these Postcard Marketing Terms of Use, except to the limited extent that the general MailPro Terms of Use are expressly modified below.

Terms of Use for Print on Demand Marketing

By requesting a Postcard Marketing project from MailPro, you agree to be bound by these Terms of Use. Please read them, and the general MailPro Terms of Use incorporated herein, carefully. If you do not wish to be bound by the Terms of Use, MailPro will not be able to perform Postcard Marketing for you.

All mailing delivery dates are estimates, not guarantees. MailPro’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). In no event shall MailPro be liable for USPS performance failures or delivery delays. MailPro also will not be liable to you or any third party for any additional services performed outside of MailPro, including but not limited to other third party mail delivery services.

MailPro shall be liable for printing and covered mailing errors only to the extent of re-mailing a correction or corrected job as soon as reasonably practicable, and allowable damages shall be limited to the value of the printing work performed. Postage is never refundable once the mail piece has been processed for mailing. In no case will MailPro be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to the specific job, whether as a result of errors, mistakes or failure by MailPro to perform services, or otherwise.

Postal regulations are subject to change, and you are responsible for complying with current mailing restrictions. Please note that we have created file preparation guidelines and product templates to assist you in creating print-ready files.

MailPro reserves the right, in MailPro’s sole discretion, to refuse to accept any Postcard Marketing project or to terminate any Postcard Marketing project prior to completion at any time and for any reason. You agree that MailPro shall have no liability of any kind to you or to any third party arising from such refusal or termination.

MailPro reserves the right to make changes to these Terms of Use and to the services offered by MailPro Postcard Marketing at any time without prior notice. You should review these Terms of Use, and the incorporated MailPro Terms of Use, each time you access the Print on Demand Marketing site.

 

Copyrighted Materials for Limited Use

 

 

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of MailPro inc., and/or its subsidiaries (referred to herein as “MailPro”) or the copyrighted property of parties from whom MailPro has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. MailPro reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. MailPro reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other MailPro customers may use the design tools to create logos that have similar or identical combinations of these elements and MailPro does not guarantee that your logo will not have similarities to logos designed and used by other parties. MailPro provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

 

 

 

Use of Site

 

 

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through MailPro (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from MailPro does not entitle you to use any portion of Content apart from the finished Products as they are supplied by MailPro. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. MailPro may terminate its service to customers found to be using MailPro to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize MailPro to produce the Products on your behalf.

 

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. MailPro reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

 

 

Transfer of Title

 

 

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

 

 

Indemnification

 

 

You agree that you shall indemnify and defend MailPro and all parties from whom MailPro has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

 

 

Disclaimer of Warranty

 

 

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

 

 

Limitation of Liability

 

 

IN NO EVENT SHALL MAILPRO OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MAILPRO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM MAILPRO OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL MAILPRO BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

 

 

Site Feedback

 

 

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to MailPro in connection with the operation or content of this Site shall be provided by the submitter and received by MailPro on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of MailPro. By submitting any such information to MailPro, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that MailPro shall be free to use such information on an unrestricted basis.

CONTACT

 

MailPro inc

1071 Mill Road Duncansville, PA 16635

 

Phone: 814-695-8822

FAX: 814-695-9837

ADDRESS

 

DROP US A LINE

 

Terms of Use