- Product Purchases. Your purchase of Products through the Application will be subject to these Terms and our Terms of Purchase, located at pidgepost.com/terms, which are incorporated herein by this reference.
- Application and Content. Subject to your compliance with these Terms, Pidge grants you a limited license to access and use the Application and view the Content, as defined below, for your personal, noncommercial use, in accordance with these Terms. The Application, and all information, text, images, data, audio files, links, greeting cards, logos, photos, digital downloads, software, Products, or other material accessible through the Application (collectively, the “Content”) are and shall remain the exclusive property of Pidge and/or its suppliers and licensors and are protected under US and international intellectual property laws. You do not obtain any ownership interest in the Application or the Content.
- Restrictions. You will not modify, publish, transmit, transfer, sell, resell, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or application, or in any way exploit the Content or the Application without the express written permission of Pidge. You will not use the Application or the Content (a) for any unlawful purpose; (b) to solicit others to participate in any unlawful activity; (c) to violate any international, federal, state, or local laws, regulations, or rules; (d) to infringe upon or violate our intellectual property rights or the those of others; (e) to harass, abuse, stalk, spam, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate based on gender, sexual orientation, ethnicity, race, religion, age, national origin, or disability; (f) to upload fraudulent, false or misleading information; (g) to upload or transmit viruses or other malicious code into the Application; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Application.
- Third Party Content. Links in the Application may lead to third-party websites and/or services that are not owned or operated by Pidge. Pidge has no control of and makes no representation or warranty and takes no responsibility with respect to such third-party websites or services. A link or reference to a third-party website or service is not an endorsement of that website or service. Likewise, if our Application is linked or referenced in a third-party website or social media, we are not liable for any information provided on or through such website or social media. Any use you make of the information provided in the Application, or any website linked to by the Application, is at your own risk.
- DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND THE PURCHASE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PIDGE DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR-FREE, NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, OR MEET ANY SPECIFIC USER NEEDS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PIDGE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY USER OF THE APPLICATION FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THESE TERMS OR YOUR ACCESS OR USE OF THE APPLICATION, CONTENT, AND/OR PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU FURTHER AGREE THAT PIDGE’S AGGREGATE CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE APPLICATION, THE CONTENT, OR ANY PRODUCT, SHALL NOT EXCEED $50.
- Indemnification. You agree to indemnify, defend and hold harmless Pidge and our officers, directors, employees, licensors, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Application, Content, or Products, (ii) your breach of these Terms or the Purchase Terms, or (iii) your violation of any applicable law or the rights of a third party.
- Feedback and User Information. While we welcome general comments and feedback regarding our Application and Content, we ask that you do not send us any creative ideas, suggestions, notes, drawings, concepts or other information (collectively, the “User Information”) to avoid any misunderstandings regarding the ownership of such User Information. If, despite our request that you not do so, you send us any type of User Information, such User Information shall be deemed the property of Pidge and shall not be subject to any obligation of confidentiality or restriction on use. Pidge will not be liable to you or owe you any compensation for such User Information, unless otherwise required by law.
- Disputes and Mandatory Arbitration. These Terms, including the Terms of Purchase, shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your use of the Application, Content, or the Products you purchase through the Application shall be submitted to confidential arbitration in Seattle, Washington, provided that, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such court. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
- Modifications and Notice. We may revise these Terms at any time without notice to you. You are responsible for reviewing these Terms on a regular basis, and your continued use of the Application following any modifications, changes and/or alterations constitutes your acceptance of such modifications, changes or alterations. Pidge reserves the right to terminate the Terms and to discontinue the Application, including any Content and/or features therein, at any time with or without notice or liability to you or any third party.
- Termination. Pidge may, in our sole discretion and without prior notice, immediately terminate these Terms and your account and access to the Application and Content. Cause for such termination may include: (a) breach or violation of any of these Terms, including any other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) extended period of inactivity; (d) your engagement in fraudulent or illegal activity; and/or (e) nonpayment of any fees owed by you in connection with the Application or any Pidge Product. Upon termination of your account, you will have no access to the Application and your password and related information, files and materials, including User Information, will be deleted. You agree that Pidge will not be liable to you or any third party for any termination of your account, any associated email address, or access to the Application.
- Copyright Contact. Pidge does not represent or warrant that your use of the Content displayed on, or obtained through, the Application will not infringe the rights of third parties. If you believe your copyright, trademark, or other property rights have been infringed by a posting of any Content on the Application, you will send notification to Pidge immediately. Such notification should be sufficient in detail to allow us to investigate and take steps to resolve the matter. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
a. Designated agent for claimed infringement: Anna Sullivan | firstname.lastname@example.org
14. Miscellaneous. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Although the Application may be accessible worldwide, Pidge makes no representation or warranty that Content on the Application is appropriate or available for use in locations outside the United States. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Application and you agree that you will not access or use the
Application in violation of such laws. These Terms constitute the entire agreement between you and Pidge relating to the subject matter herein.
terms of purchase
1. Products. Pidge offers greeting card related products on a subscription basis (the “Products”). Subscription fees and offer details are provided on the Application. To subscribe, you must register an account on the Application pursuant to the Terms and you must select a subscription package from the offers available on the Application. The subscription fees, term, and other details will be set forth on an order form in the Application.
2. Subscription Types, Fees, and Payment. To finalize the purchase of your subscription, you must provide a valid credit card for payment of the subscription fees. Pidge subscriptions are available in month-to-month and annual billing cycles. By subscribing, you agree to pay the applicable subscription fees as agreed in your subscription package.
a. Monthly Subscription. If you choose a monthly subscription, you will be billed a subscription fee immediately upon subscribing and monthly thereafter. Your monthly subscription will automatically continue unless you notify us to cancel it. We will notify you at least 14 days in advance of any changes to the price in your subscription that will apply upon the next monthly renewal.
b. Annual Subscription. If you choose an annual subscription, you will be billed a one-time subscription fee immediately upon subscribing. Unless you notify us that you wish to cancel prior to the expiration of your annual subscription, your subscription will automatically renew for another year. If your annual subscription rate increases, we will notify you at least 14 days prior to the expiration of your subscription. We will charge the renewal subscription fee using the same credit card that you previously provided.
c. Trial Period. From time to time, we may offer trial periods during which users may register for a subscription to test our Products a trial basis. If you sign up for a trial period and cancel during the trial period, the credit card you provide will not be billed. If you do not cancel during the trial period, we will automatically charge the applicable subscription fee to the credit card and begin a month-to-month subscription.
- Shipping and Delivery. Subject to availability, we will ship the Products to you in accordance with the volumes and frequencies as agreed in your subscription package. Your subscription fees include shipping and handling fees. Title and risk of loss for in connection with the Products will pass to you upon our delivery to our carrier.
- Cancellations and Refunds. You may cancel your subscription at any time by notifying us. We will not refund any subscription fees to you that have accrued and been charged to your credit card before the date of your cancellation. Accordingly, you may enjoy the benefits of your subscription through the end of the term you have paid for as of the date of your cancellation.
5. Inaccuracy. We strive to provide the most accurate and up-to-date information available throughout the Application, but you acknowledge that occasionally the Application and the Content may contain typographical errors or inaccuracies, including such errors that may relate to Product descriptions, pricing and/or availability. We reserve the right to correct any errors, inaccuracies or omissions, including after an order for a Product has been submitted, and to change or update information, including pricing information, at any time without prior notice. In the event a Product is offered at an incorrect price or a promotion is incorrectly applied, we reserve the right to cancel orders placed, even if your credit card has been charged. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. If your order is canceled for any of the foregoing reasons and your credit card has been charged, we will issue a credit to your credit card account.