Please read these Terms of Use carefully, as they contain important information about your legal rights, remedies, and obligations. Specifically, these Terms of Use constitute a legally binding agreement between you and Handwrytten (“Company”, “we”, “our”), governing your access to and use of the website (the “Website”) and all associated mobile applications and Services (collectively, the “Services”). By creating an account and using the Services, you accept these Terms in full. If you do not agree to these terms, you should not use the Services.
The Services
Account Registration. In order to use the Services, you must create an account to access and use certain features. You must provide accurate, current, and complete information during the registration process and keep your account up-to-date at all times. We reserve the right disallow the use of user names that are inappropriate, infringe a third parties intellectual rights, or attempts to impersonate another user. You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services.
Who Can Use Our Services. In order to use the Services, you must be at least 13 years old, you must not have been previously banned from using the Services, and you must not be prohibited from using the Services by virtue of any other applicable law or regulation.
Termination of Account. You may terminate your account at any time for any reason. The Company may terminate your account, prevent access to any of your preferences, templates, recipient address information, or other information provided to Handwrytten (collectively, “Uploaded Content”), and/or ban you from the Services (for any length of time) without notice and for any reason, including without limitation your breach of these Terms of Use. You are responsible for retaining copies of such Uploaded Content, as Company is not responsible for returning any Uploaded Content to you upon termination of your account.
Refund of Payment. Any and all refunds will be returned to the credit card used for the purchase returned. If we are unable to refund the card used for purchase, Handwrytten will contact you and arrange alternative payment.
Your Responsibilities
In exchange for Company providing the Services, you agree that:
- You will not incorporate any material into your Uploaded Content that infringes any copyright or other intellectual property rights of a third party.
- You will not provide Uploaded Content that is obscene, pornographic, indecent, lewd, or sexually suggestive.
- You will not impersonate other individual, e.g., by creating an account under another name or impersonating another individual through the Uploaded Content.
- You will not use the Services in a manner that is unlawful, fraudulent, or misleading.
- You will not interfere with or impair the operation of the Services (e.g., through a denial-of-Services attack).
- You will not attempt to access, scrape, or otherwise collect the login credentials, personal information, payment information, or Uploaded Content of other users of the Services.
- You will not attempt to buy, sell, or transfer your login credentials or account.
It is your responsibility to ensure that your Uploaded content is consistent with these Terms of Use. We are not obligated to access, review, or censor any Uploaded Content, but we reserve the right to do so. We cannot guarantee that the Uploaded Content you encounter is appropriate, so your use of the Services is at your own risk.
Rights to Your Uploaded Content
You retain ownership to your Uploaded Content, including without limitation any copyright or other intellectual property rights associated with your Uploaded Content.
Nevertheless, you also agree that it is necessary for Company to use the Uploaded Content in a way that allows the Services to operate in its intended manner.
You may end this license grant and other permissions at any time by deleting your account. However, you acknowledge that any Uploaded Content that has been deleted from or is otherwise inaccessible via the Services might nevertheless be available via other sources on the Internet, e.g., through cached search results or third party sites that may have downloaded, screen-scraped, or otherwise stored your Uploaded Content. We are not responsible for the existence of such content.
Intellectual Property
Various aspects of the Services and Website are protected by patent, copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services, the Website, including all associated intellectual property rights, are the exclusive property of Company. You will not remove, alter or obscure any copyright, trademark, Services mark or other proprietary rights notices incorporated in or accompanying the Services.
PRODUCT FULFILLMENT
Purchased product(s) are generally shipped in 1-2 business days but may from time to time take longer. Large bulk orders of 500 or more cards tend to take longer. Items shipped directly to recipients with first class stamps will arrive in approximately 3 to 7 business days from the date of shipment. Bulk products shipped directly to customers (box of cards) will arrive in approximately 1 to 5 business day from shipment, depending on the method of shipping chosen (overnight vs. standard).
Privacy Policy
Our collection and use of personal information in connection with your access to and use of the Services is described in our Privacy Policy at www.handwrytten.com/privacypolicy.
Limitation of Liability
In no event shall Company, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, be liable to you or any other entity for any incidental, special, exemplary, punitive, consequential, or indirect damages (including personal injury or emotional stress to you or other affected persons or property, or the cost of procurement of substitute Services) arising out of or in connection with your use or inability to use the Services or Website, including without limitation any copyright or other intellectual property claims based on the content of your Uploaded Content.
Disclaimers
No Warranty. If you choose to use the Services, you do so voluntarily and at your sole risk. The Services is provided “as is”, without warranty of any kind, either express or implied. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Third Party Links. The Website and, more generally, the Services may incorporate links to other sites and servers operated by parties independent from Company. Such links are provided for your reference only. We do not control such sites, and are not responsible for their content. Company’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their content.
Uploaded Content. We are not responsible for the content of any Uploaded Content or the actions of any of our users or of third parties who may link to the Uploaded Content.
Indemnification
You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless (at our request) from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
General Provisions
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Company’s prior written consent. Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Modification
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by cancelling your account. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Company Services will constitute acceptance of the revised Terms.
Contact Us
If you have any questions about these Terms of Services, please email us at contact@handwrytten.com or write to:
Handwrytten
Attention: Legal Department
9280 S Kyrene Rd. Suite 134
Tempe, AZ 85284
