1. ACCEPTANCE OF TERMS

In using our Service, you acknowledge and agree that this “Terms and Conditions” is an Agreement between the User (“you”) and Cellphone Postcards, its affiliates and any Third Party Vendors under Agreement with Cellphone Postcards to provide services to you (collectively referred to herein as “we”, “us”, or “CPPC”). You represent and warrant to CPPC that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to sue the Site and/or Service in accordance with the Terms.

You also understand and expressly agree to be legally bound by these Terms and Conditions and our Privacy Policy, and agree to follow these Terms and Conditions and all applicable laws and regulations governing the Service.

We reserve the right to change these Terms and Conditions at any time. Should you object to any term or condition of these Terms, any subsequent modifications thereto, any policies we enact, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Site and the Service. If you violate these Terms and Conditions, we may terminate your use of our Service, bar you from future use of the Service, and/or take appropriate legal action against you.

2. CELLULAR SERVICE PROVIDER

We have no affiliation with your Mobile Communications Provider (“Mobile Service Provider”). Any questions or issues that arise through the use of the Service can be answered by contacting CPPC Customer Service at support@cellphonepostcards.com.

The agreement between you and your Mobile Service Provider will continue to govern your use of the services provided by your Mobile Service Provider, including SMS, MMS, Email, Cellular Data and any others. CPPC makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such service. IN USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT ALL MESSAGING AND DATA RATES MAY APPLY. All fees resulting in use of the Services provided by CPPC do not include and are completely independent from the standard messaging and data rates applied by your Cellular Service Provider.

3. ACCOUNT

As a part of the registration process you will be required to select a unique password that will be used to gain access to the service. You are entirely responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur or are conducted through your account. In addition, you are also fully responsible for any activity conducted by a cell phone registered to your account. If you suspect any unauthorized use of the password or account you must notify us immediately. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You also agree to pay for any applicable taxes relating to your purchases.

CPPC provides you with the ability to go to your Account to determine whether your registration data is current and accurate. You may update your registration data at any time through the “My Account” feature. You are responsible for keeping the information in your Account current.

4. PAYMENT

In order to use the service, you are required to prepay for your postcards, which may be purchased online using your credit card. When creating postcards via a messaging function on your cell phone, you are responsible for any use of a cellular network. ALL MESSAGING AND DATA RATES MAY APPLY. When a prepaid set of cards runs out, the option to make another purchase using the same credit card will be made available to you. You understand that CPPC does not store your credit card information; we employ a secure 3rd party payment vendor to handle all transactions related to our service.

5. SERVICE COMMUNICATION

After Registering an Account, you acknowledge and agree that as a part of the Service you will receive notifications from CPPC related to your use of the Service. CPPC offers an Opt-out policy, providing you with the option not to receive marketing notifications by sending the word “STOP” to 77468 (PRINT). If you choose to opt out of marketing messages, we will only send messages related to your continued use of the service.

If at any time you need help, you may consult www.cellphonepostcards.com, or receive information via text message by sending the word “HELP” to 77468 (PRINT).

6. PRIVACY

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy is incorporated herein by reference and made a part of the Terms and Conditions. We designed this policy to explain how we treat personal information and protect your privacy, as well as the privacy of others, when you use the Service. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

7. PROMOTIONS

From time to time, CPPC may decide to provide you with the opportunity to send postcards free of charge. These postcards hold no monetary value and cannot be exchanged for currency. In some cases, these postcards will expire if not used. ALL MESSAGING AND DATA RATES MAY APPLY to postcards provided to you free of charge.

Any usage that is determined by us to be considered abuse of any promotions offered, may result in removal of your account

8. THIRD PARTIES

To provide ease and convenience, CPPC may provide the option to create an Address Book that may store personal information related to your postcard recipients.

You authorize CPPC and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency. Such cooperation may include, but is not limited to, voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency, any or all of Your Information and your Submissions.

9. APPLICABLE LAW

You agree that any legal action brought against us shall be governed by the laws of the State of Connecticut, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in the Fairfield County, Connecticut area.

We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

10. YOUR SUBMISSIONS

In the event you submit to CPPC as part of your use of the Service, any materials including, without limitation, photographs, pictures and other images, text, graphics, visuals, and other materials (collectively, “Submissions”), you will retain ownership of such Submissions and CPPC through the service only delivers your submission to a designated recipient. You acknowledge and agree that CPPC retains the right to use a portion of the product for branding and promotional language.

You represent and warrant that:(i) you own or possess all necessary rights to your submissions (ii) your Submissions do not and will not infringe, or violate any intellectual property or proprietary right of any third party(iii) your Submissions are not unlawful, fraudulent, threatening, libelous, or obscene.

We are not responsible for maintaining Submissions or the removal or non-removal of any Submissions from the Service. We recommend you keep copies of your Submissions on your hard drive or other personal system, as the Service is not intended to be used for digital image storage.

11. COPYRIGHTS & TRADEMARKS

The content and software on our Site is the property Walker Digital Management, LLC and/or Third Party Vendors and is protected by U.S. and international copyright laws. CELLPHONE POSTCARDS is a trademark of Walker Digital Management, LLC. You may view, download, print and retain a copy of pages of any of our Sites only for your own personal use. The use of any of our property without our express written consent is strictly prohibited.

12. DMCA Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.

YOU ARE ON NOTICE THAT CELLPHONE POSTCARDS MAY TERMINATE THE ACCOUNTS OF THOSE WHO ARE REPEAT COPYRIGHT INFRINGERS. For claims of copyright infringement, please contact Customer Service.

13. GUARANTEE AND DISCLAIMER

THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE, OR THROUGH OUR SERVICE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

14. INDEMNITY

By using our Site, you agree to indemnify and hold Cellphone Postcards, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissions or Materials you make available through the use of the Site or Service including providing a link to another site or uploading any content to such Site.

15. TERM AND TERMINATION

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Service. You may terminate your Membership at any time, for any reason, by deleting your account on the Site. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Service will immediately cease.

16. SEVERABILITY

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

17. CONTACT US

If you have any comments or questions, please refer to our HELP page, or contact us at support@cellphonepostcards.com.

Cellphone Postcards (herein referred to as “CPPC,” “us” or “we”) collects personal information from users of our service (herein referred to as “users,” “you”). By using the website, you agree to accept the terms as laid out herein. Please read the following Privacy Policy to understand what we collect from you and how we use and manage that information.

The Privacy Policy will explain:

1) Personal Information

2) CPPC Use of Personal Information

3) Disclosure of Information

4) Jurisdictional Issues

From time to time we may amend our Privacy Policy without notice by posting any changes on our website. Changes to our Privacy Policy will automatically be effective ten (10) days after posting.

1) Personal Information

During Registration and when you are purchasing postcards, we will ask you for a variety of personal information, including your name, email address, mailing address, credit card number, expiration date, billing address, and other information as it becomes necessary. We collect and store this information in your account so that we can provide you with our services. To keep this information private, your account is protected by a password that you choose. Other information that we may store in association with your account includes: the images you submit for postcard creation, the messages you submit for postcard creation, the addresses of recipients you store in your address book, a record of transactions between you and CPPC, a history of products you purchase and related information, and correspondence of any customer service calls.

2) CPPC Use of Personal Information

Our aim is to provide our users with the best possible experience, by creating a process that consists of sending and buying postcards in a manner that is easy, fast, efficient and personalized. To do so, we ask for, store and use personal information from our users to make this experience possible. For instance, it's quick and simple to address postcards when using Cellphone Postcards because we provide the user with access to addresses stored online and because we automatically add the sender's return address.

i. Credit Card Information. Any time a payment is made, credit card information is transmitted using an encrypted format and a secure server. All payments made to CPPC are processed by our 3rd party payment processing vendor (Chase Paymentech). Therefore, your payment information is never stored directly by CPPC - rather it is stored by our payment vendor in a secure account. CPPC does not have access to your full credit card number - instead we instruct our vendor to process payment on our behalf anytime a purchase is made to one of our accounts.

ii. Your Submissions, Text and Images. When you create a postcard, whether through our website or through a message sent from a cellphone, we may store the content you submit for that postcard, including the message text, addresses and image. CPPC does not review or screen postcards for illicit or inappropriate content. The postcard, as created by the user, will be printed and delivered by the United States Postal Service or another postcard destination jurisdiction. We may store postcard content beyond both printing and delivery. Such content may be made available only to the user of the account that sent it - your postcard content is never shared unless we are explicitly directed otherwise by you.

iii. Statistics and Aggregate Data. From time to time, CPPC may compile information about the business and its performance to share with investors, business partners or the press. Such information will always be presented in the aggregate and will never contain personally identifiable information.

iv. Correspondence to Personal Addresses. Any contact information - including, cell phone numbers, mailing addresses and email addresses - will not be sold, provided or disclosed to anyone outside of CPPC, unless it is required by one of our partners to perform a function of our service. CPPC only uses contact information when in correspondence related to our service. A user of an account may opt out at any time.

3) Disclosure of Information

i. Service Providers. CPPC shares information with third-party service providers to provide you with our Service. Information is only provided to perform specific functions for the purpose of providing you with the Service and is not used for any other purposes. We only share information with third parties if and when it is absolutely necessary for the service to operate or if otherwise required by law. The types of functions that these partners perform may include: payment processing, postcard printing, postcard delivery, address verification, customer service, promotional rewards fulfillment and SMS and MMS message management. It should be noted that all transmissions involving payment processing is handled in an encrypted and secure manner. For more information about credit card information and how we protect it, please see section 3. iv (Credit Card Information). Our vendors are employed by us to provide you with various aspects of our service, and will only be given access to information that is absolutely necessary to provide you with the services we offer. We do not provide any personal information to anyone or any entity outside of the above-mentioned relationships. In addition, we will not sell or distribute any personal information related to you and your account.

ii. Legal Requirements. Circumstances may arise wherein we are obligated by law to disclose personal information, including but not limited to, cases where a user is in violation of U.S. law or the CPPC terms and conditions. In such a circumstance, we may be obligated to disclose personal information to entities outside of CPPC.

iii. Assignment. We reserve the right to transfer information to a new entity or third party as a part of a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock. If such an even should take place we will notify you via email and/or by notice on the Site.

iv.Website Cookies. When you use our website, we may use cookies to track and store information related to you. A cookie is a small file that is automatically stored on your computer, which allows our web server to immediately recognize you when you visit our website, and allows us to provide you with a more personalized service. You can block cookies at any time through your browser software, however the result will be a much less personalized service.

4) Jurisdictional Issues

The Services are controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services, or any part of the Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Services' availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.