TERMS AND CONDITIONS OF USE
FUN MAIL FOR KIDS, LLC
(A Pennsylvania limited liability company)
Permission is granted to access the Website for personal, non-commercial, transitory use only. This is the grant of a license, not a transfer of title. Under this license, the term “Users” refers to all registered visitors of the Website who create a unique profile for the Website for the purposes of using the Company’s services and all unregistered visitors of the Website, regardless of whether they plan to register on the Website and/or use the Company’s services. Users may not:
- Modify or copy the materials or content of the Website;
- Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license automatically terminates if you violate any of these restrictions. Additionally, the Company may terminate this license for any reason or no reason at all at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format, that are related to your use of the Website.
When you create a user profile, you must provide the Company with accurate, honest, and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (i) the term “you” in these Terms and Conditions of Use includes you personally and the entity for which you created the profile, (ii) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and Conditions of Use and bind the entity to these Terms and Conditions of Use, and (iii) you agree to these Terms and Conditions of Use on the entity’s behalf.
The materials on the Website are provided “as is.” The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not make any warranties or representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any websites linked to or from the Website. As a User of the Website, you understand and agree that you may be exposed to content that is inaccurate, objectionable, or otherwise unsuited to your purpose.
The Company cares deeply about the security of the Website’s Users. While the Company works to protect the security of your content and account, the Company cannot guarantee that unauthorized third parties will not be able to defeat the Company’s security measures. Please notify the Company immediately of any suspicious activity or unauthorized use of your account.
In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The Company allows users to post, upload, or otherwise contribute content (“User Content”), including text, photos, videos, links, comments, and other materials, to the Website. You retain all rights in, and are solely responsible for, the User Content you post to the Website.
Once contributed, you grant the Company and its users the right to use your content on the Website. This means that you will grant the Company and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, favorite, discuss, modify, create derivative works, perform, and distribute your User Content on the Website solely for the purposes of operating, developing, providing, and using the Website. The Company reserves the right to remove or modify User Content for any reason, including User Content that it believes violates these Terms and Conditions of Use or other policies.
In no event shall the Company be liable in any way for any content or its effects under any circumstances, including, but not limited to, errors or omissions in content or any loss or damages incurred due to any content made available by the Company or its users on the Website.
Following termination or deactivation of your account, or if you remove any User Content from the Website, the Company may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, the Company and its Users may retain and continue to use, store, display, reproduce, favorite, discuss, modify, create derivative works, perform, and distribute your User Content that other Users have stored or shared through the Website.
The Company values hearing from its Users and is always interested in learning about ways it can improve. If you choose to submit comments, ideas, or other feedback, you agree that the Company is free to use those comments, ideas, or other feedback without any restriction or compensation to you. By accepting your submission, the Company does not waive any rights to use similar or related feedback provided by users or third parties.
- SUBSCRIPTION, AUTOMATIC RENEWAL, AND CANCELLATION
Users who purchase a card subscription from the Company may choose the subscription term from the terms advertised on the Website. Users must pay for the entire term at the time of purchase. Modifications to a current subscription are not permitted within the term. Users may cancel a subscription prior to the end of the term and will receive the benefits of the subscription until the end of the term, at which time the subscription will end. The Company will not provide any full or partial refunds for prepaid subscriptions.
At the end of a subscription term, the Company will renew the subscription for a subsequent term of the same length as the previous subscription term. If the User wishes to cancel or modify the subscription at the end of a term, the User must contact the Company at least ten (10) calendar days prior to the final day of that term.
The Company may cancel a User’s subscription at any time for any reason or no reason. If the Company cancels a User’s subscription prior to the end of the subscription term, the User will continue to receive the services under the subscription until the end of the term, at which time the subscription will end.
As a registered subscriber of Fun Mail For Kids, you agree to receive e-mails from Fun Mail For Kids promoting special offers, including third-party offers. Fun Mail For Kids may also send you occasional newsletters and updates about your subscription. You may unsubscribe from our e-mail list by selecting unsubscribe in any e-mail correspondence.
- REVISIONS AND ERRATA
The materials appearing on the Website could include technical, typographical, photographic, or videographic error. The Company does not warrant that any of the materials on the Website are accurate, complete, or current. The Company may make changes to the materials contained on the Website at any time without notice. The Company does not, however, make any commitment to update or edit the materials for Users.
The Company has not reviewed all of the third-party websites, advertisers, services, special offers, or other events or activities linked to the Website and is not responsible for the contents of any such links. The inclusion of any link does not imply endorsement by the Company of the link’s information, materials, products, or services. Use of any such link is at the User’s own risk, and the Company will assume no liability arising from your use of or access to any third-party website, service, or content.
- WEBSITE TERMS AND CONDITIONS OF USE MODIFICATIONS
The Company may revise these Terms and Conditions of Use for the Website at any time without notice. By using the Website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its employees, directors, and agents from and against any damages, losses, or expenses arising from: (i) your use and/or access of the Company’s services, (ii) your violation of these Terms and Conditions of Use, (iii) your violation of any third party right, or (iv) any third party’s claim contending that your content caused the third party damages. This indemnity clause will remain valid beyond the life of the Terms and Conditions of Use and your use of any service of the Company.
- GOVERNING LAW
Any claim relating to the Website shall be governed by the laws of Commonwealth of Pennsylvania without regard to its conflict of law provisions.
When Users sign up to and use the Website, they voluntarily give the Company information including their names, contact information, email addresses, payment information, and/or other additional information, including personal information about the recipients the Company’s mailings. The Company collects and uses personal information solely for the objective of fulfilling the purposes of its services and other compatible purposes, unless it obtains the consent of the individual concerned or as required by law. The Company will retain Users’ personal information as long as necessary for the fulfillment of those purposes. The Company may collect other relevant User information by lawful and fair means, where appropriate.
The Company will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Upon request, the Company will make available to Users information about its policies and practices relating to the management of personal information.
The Company may collect and analyze data from the Website with the goal of providing the best user experience. Users’ internet browsers send this information to the Company when they visit the Website, providing the Company with data including Internet Protocol addresses; the addresses of the web pages visited before, during, and after a visit to the Website; browser type, settings, and preferences; the date and time of visit; how long a User stayed on the Website; which features were used while visiting the Website; and other types of data. All of this information may be collected for analysis reasons and will not be sold to any third parties. Studying this collected data and information can help the Company learn more about its Users in order to better serve them.
Though Internet transmissions are never completely private or secure, the Company is committed to conducting its business in accordance with these principles in order to safeguard the personal information used in its services.
LAST UPDATED: October 16, 2019