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Terms and ConditionsWelcome to Handspring Books. We hope that you find our website and service something fun and enjoyable. Please take some time to familiarize yourself with our terms and conditions of use before you begin. These terms and conditions govern your use of the Handspring Books services (further known as, “Handspring Books”, “We”, “Us”, or, “The Services”). Your use of these services constitutes acceptance of these Terms and Conditions and creates a binding legal agreement, so please read them carefully. Please note, you must be 13 years or older to use the Handspring Books services. Storage Policy We do not store images on our servers for any specific time period. The service is not intended to act as a mass storage, public storage, or personal storage service. We reserve to remove any and all images on our servers at any time, without notice, in order to maintain our systems. If you have uploaded an image, but have not ordered a print or specialty product with that image for 60 days, Handspring Books reserves the right to remove the image from your album. It is strongly recommended that you keep and maintain copies of your images on your personal computer hard drive or other personal storage device. Payment Your credit card is authorized and charged at the time your order is placed. Handspring Books accepts Mastercard, Visa, and PayPal. Third party providers use Google Checkout and may change financial processing services without notice. Your Conduct You must have the legal right to all of the images you upload, share or copy with Handspring Books. Images provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright laws and should not be uploaded or shared in any fashion. The following actions will constitute grounds for blocking access to the Handspring Books service and/or removal of posted material and non-fulfillment of your order (or any part of your order).
Adult Content Policy Handspring Books.com will not reproduce any images or items that are deemed objectionable by our management team. We reserve the right to cancel any order in our facility that has objectionable content. If we deem that a submission is objectionable, you will be notified by email of the decision to refuse production of the objectionable submission, any funds collected for work will be refunded, and any images on our servers will be eliminated. We reserve the right to refuse reproduction of any images based solely on management discretion. Privacy Handspring Books has privacy measures to protect the loss, misuse and alteration of the information under our control. We have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information collected on line. Access to data is limited to authorized Handspring Books staff members, and is further restricted by password protection mechanisms. Web security and security procedures are reviewed and may be updated on a regular basis to ensure strong data collection. By default, all orders placed on our site are done on a secure server that encrypts all financial information through SSL. Credit card information is processed entirely by third party financial institutions and not stored in our data base. Web Site Terms of Use Your use of Handspring Books.com (the "Site") or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our Site. Your use of our Site constitutes your binding acceptance of these Terms, including any modifications that we make. Handspring Books is a division of Direct Mail Holdings, LLC. Except to the extent that you may have greater rights in a separate signed or online agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: * Restrict, suspend, or terminate your access to all
or any part of our Services; You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You may not be able to opt out of receiving these messages. Content on our Site Our Site includes a combination of content that we create, third party content, and other designers create. All materials published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, Flash animation, company information, and product or service information or reviews. It may also include information about products and services offered by parties other than Direct Mail Holdings, LLC, such as product/service descriptions, offerings, store locations, coupons, and promotions. We do not guarantee the accuracy, the integrity, the completeness, or the quality of the content on our Site, and you may rely on any of this content only at your own risk. The items listed in this paragraph are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your own personal non-commercial use. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant Direct Mail Holdings, LLC, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. Third-party sites, products, and Services Our Site may contain links to other Internet sites owned by DMH and third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Your Conduct on Our Site Upon acceptance of these terms, registration information will be requested from you. You will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. During the registration process, you will be required to establish a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You will be requested to provide a retailer affiliation access code, known as a “Retailer Code” in order to conduct transactions. If you do not have a Retailer Code, a list of codes is available, listed by state, in a drop down menu on our website during the initial registration process. You are encouraged to choose a retailer that is closest in proximity to your home address or a retailer with whom you conduct business. The technology and the software underlying our Site and the Services is the property of Direct Mail Holdings, LLC, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or the Services. You agree not to modify the software underlying our Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Site. Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions:
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our Site, deny you access to our Site, deactivate your account, or any combination of these options. Unauthorized access to our Site is a breach of these Terms and a violation of the law. You agree not to access our Site by any means other than through the interface that is provided by Handspring Books for use in accessing our Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Site. Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site. Indemnification You hereby agree to indemnify, defend and hold Direct Mail Holdings, LLC and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "DMH Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any DMH Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Disclaimers Except to the extent that you may have greater rights in a separate signed or online agreement with us: (a) we disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material; (b) we disclaim any responsibility for any harm resulting from downloading or accessing or using any photos, information or material obtained from our Site; (c) we disclaim any responsibility for failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Infringement Claims/Copyright Agent If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify DMH of your copyright infringement claim in accordance with the following procedure. DMH will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is: By mail: To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
E-mails sent to service@handspringbooks.com for purposes other than communication about copyright claims may not be acknowledged or responses may not be provided. Miscellaneous We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the Customer Service Department, Handspring Books, 425 North Iris Road, Mount Pleasant, IA 52641. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all other online or written agreements, terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and DMH and govern your use of our Site, and, except as specifically set forth herein, superseding any prior agreements that you may have with us. These Terms are governed by and construed in accordance with the laws of the State of Iowa, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Henry, Iowa, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: service@HandspringBooks.com BY SETTING UP AN ACCOUNT AND/OR COMPLETING THE REGISTRATION PROCESS OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO THESE TERMS, AND (3) THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS |
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