1. Introduction

These Terms and Conditions (“Terms”) pertain to your use of PhotoStamps, a Stamps.com product.

Please read these Terms carefully as they contain the legal terms and conditions that you ("you") agree to when you access and use this website (the "Website"), and/or purchase from Stamps.com Inc., a Delaware corporation (“Stamps.com”).  By placing an order you accept these Terms and you acknowledge these Terms constitute a binding agreement between you and Stamps.com. In addition, you agree to faithfully comply with all rules and requirements that appear during your order process on the Website.

2. Pricing, Products and Policies

Pricing, retail policies and shipping applicable to the purchase of products are as set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.

3. Content Restrictions

All orders must comply with both the Stamp.com Eligibility Criteria and the United States Postal Service (“USPS”) Eligibility Criteria set forth below:

Stamps.com Eligibility Criteria

You agree not to use the website or service:

A. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
B. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
C. To upload, order for print, or otherwise transmit or communicate any material that depicts political or religious content;
D. To upload, order for print, or otherwise transmit or communicate any material that depicts controlled substances, including but not limited to marijuana;
E. To upload, order for print, or otherwise transmit or communicate any material that depicts any non-incidental depiction of alcohol, tobacco, gambling, or firearms or other weapons;
F. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
G. To upload or otherwise transmit any material which is likely to cause harm to any Stamps.com service or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any Stamps.com service or which may cause any defect, error, malfunction or corruption to the service; and
H. To upload, order for print, or otherwise transmit or communicate any material that emulates any form of valid indicia or payment for postage. 

USPS Eligibility Criteria

Eligibility Criteria contained in this section and set forth in 39 CFR part 501.21(b) restrict content by identifying allowable images, text, or categories of images or text.  Any content not identified by the USPS Eligibility Criteria below is prohibited. To be eligible for the Photostamps program, images and/or text must meet the following criteria:

(1) Images or text must be “commercial” or “social,” as defined below:

(i) Commercial means intended for no purpose other than the sale of goods or services in commerce.

(ii) Social means promoting or depicting people, animals, items, or events commonly associated with community relations or companionship and likely to generate invitations, announcements, notices, thank-you notes, RSVPs, or similar correspondence.

(2) Acceptable commercial or social images or text must not contain content that is unsuitable for all-ages audiences, including but not limited to:

(i) Any non-incidental depiction of alcohol, tobacco, gambling, or firearms or other weapons;

(ii) Any depiction of controlled substances, including but not limited to marijuana;

(iii) Any depiction of political, religious, violent or sexual content; or

(iv) Any depiction of subject matter prohibited for display under U.S. law.

(3) Acceptable commercial or social images or text must not contain content that the customer or provider does not have the right to use either directly or under license, including but not limited to images or text that may be the subject of third party rights such as copyright, trademarks, or rights of publicity or privacy.

(4) The Postal Service reserves the right to determine independently whether any image, text, or category of images or text meets any of the Eligibility Criteria contained in this section.

You agree that if Stamps.com, in its sole discretion, determines that any material you upload may not meet these content requirements, Stamps.com may reject your order without explanation. Stamps.com reserves the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order which violates our content restrictions.

In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that Stamps.com will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

4. Suspension and Termination of Access

You agree that Stamps.com may at any time without notice:

A. Refuse to accept your orders for service;
B. Move or suspend any part of the service; or
C. Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Stamps.com's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Stamps.com to do so.

Stamps.com will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to produce any product, except that Stamps.com will refund to you any amounts paid by you for products not produced.

5. Copyright

You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material. You authorize Stamps.com to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. Stamps.com may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.

6. Age and Geographical Requirements

You must be at least 13 years of age to use this website. If you, your parent, or guardian has any concerns please feel free to contact us. In addition, Stamps.com only accepts orders that are shipped to locations within the United States of America and its territories.

7. Responsibility for Custom Products Creation and Use

You acknowledge and agree that neither Stamps.com nor any other party connected with the license or manufacture of the custom products will be involved in any way with the design of your order. You must evaluate and bear all risks associated with the use of any of your content and images with the custom product purchased. You are solely responsible for and assume all liability arising from all custom products that you and any other person create or use in connection with the Website. The fact that we produce the custom product does not mean that: (1) we approve or endorse the content of the custom product, (2) the custom product complies with all applicable laws, or (3) you will not incur any liability or harm arising from the custom product.

Furthermore, you agree to refrain from using the Stamps.com services, your customized products, or images of your customized products in any manner that would cause damage to the public reputation of Stamps.com, its employees, shareholders, board members, or partners. In the event that you use or publicly display your customized products, including by display on the Internet, in order to intentionally bring harm to Stamps.com, its employees, shareholders, board members or partners, Stamps.com reserves the right to demand the immediate return of your customized products, to invalidate the bar codes printed on PhotoStamps purchases, and to pursue any and all further remedies available to Stamps.com under the law.

8. Privacy

Stamps.com has a firm commitment to safeguarding your privacy. Please review Stamps.com Privacy Policy. The terms of Stamps.com's Privacy Policy are incorporated into, and considered part of, these Terms.

9. Compliance with Law

You agree that you will use the Website and any products ordered thereon at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

10. Indemnity

You agree to indemnify and hold Stamps.com and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your use of the customized products, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.

11. Third Party Links

This Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.

12. Proprietary Rights

This Website, the Stamps.com services, and all software, systems and processes used in connection with the Website and service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are covered by and/or for use with U.S. Patents 5,510,992, 5,682,318, 5,801,944, 5,819,240, 6,868,406, 7,216,110, 7,236,956, 7,243,842, 7,343,357, 7,490,065, 7,567,940, 7,613,639, 7,828,223, 7,933,845, 8,027,926, 8,027,927, 8,041,644, 8,046,823, and 8,065,239.

13. Disclaimer of Warranties

THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH STAMPS.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STAMPS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STAMPS.COM MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAMPS.COM MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL STAMPS.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF STAMPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Amendment of the Terms

We reserve the right to amend these Terms from time to time at Stamps.com's sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.

16. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; AND CLASS ACTION WAIVER

You and Stamps.com agree that, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Stamps.com services, including, without limitation, our PC Postage services, our website, your account(s), our Stamps.com online store, special offers, user interfaces, our Privacy Policy or our privacy practices generally, these Terms, and this Agreement to Arbitrate, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND STAMPS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms and the termination of your Stamps.com account(s).

Pre-filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written Notice of claim ("Notice"). If you are the claimant, the Notice to Stamps.com must be addressed to: Legal Department - Dispute Resolution, Stamps.com Inc., 1990 E Grand Ave., El Segundo, CA 90245. If Stamps.com is the claimant, the Notice must be addressed to the address used for your membership account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.

 

ADDITIONAL ARBITRATION PROVISIONS:

Settlement Offers: During the arbitration, the amount of any settlement offer made by Stamps.com or you shall not be disclosed to the arbitrator.

Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800-778-7879.

Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after Stamps.com receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US $10,000.

Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this section of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.

Location of Hearing: Unless Stamps.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

Award Enhancement: If the arbitrator issues you an award that is greater than the value of Stamps.com's last written settlement offer made before an arbitrator was selected (or if Stamps.com did not make a settlement offer before an arbitrator was selected), then Stamps.com will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

Class Waiver: YOU AND STAMPS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stamps.com agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, the remainder of the arbitration provision set forth in this Section 16 shall still be applicable.

Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration

17. General Information.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

All items purchased through Stamps.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to products purchased on our website, and supersede all other communications, written or oral, with regard to our products. Notwithstanding the foregoing, the terms of the Stamps.com PC Postage Service Agreement shall apply to the Stamps.com PC Postage service.