Terms of Service

Acceptance of Terms

This PostcardMania API Terms of Service document (the "API TOS") is an agreement you must accept in order to use the PostcardMania API. This document describes both your rights and your obligations as part of using the PostcardMania API. It is important that you read it carefully because you will be legally bound to these terms. Joy Rockwell Enterprises, Inc., a Florida corporation doing business as PostcardMania ("PostcardMania" "we" "us"), only provides the PostcardMania API to you subject to this API TOS. By accepting this API TOS or by accessing or using the PostcardMania API, you agree to be bound by this API TOS (including the Privacy Policy, and general Terms of Service for Users and Customers, which are incorporated here by reference).

If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms "you" or "your" shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the PostcardMania API. You acknowledge that this API TOS is a contract between you and PostcardMania, even though it is electronic and is not physically signed by you and PostcardMania, and it governs your use of the PostcardMania API.

API Key Definitions

• Application — Any software application, website, or product you create or service you offer using the PostcardMania API (defined below).
• API Documentation — The documentation, data and information that PostcardMania provides regarding the use of the PostcardMania API.
• Data — means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.
• PostcardMania API or "our API" — The publicly available PostcardMania Application Programming Interface ("API") as well as the related API Documentation.
• PostcardMania Brand — The PostcardMania brand and brand assets, including names, logos, trade names, and trademarks.
• PostcardMania Service(s) — PostcardMania’s business process management and related systems and technologies, as well as the  www.PCMintegrations.com and portal.pcmintegrations.com  websites (collectively, the "Site"), and all software, applications, data, reports, text, images, and other content made available by or on behalf of PostcardMania through any of the foregoing. The "Service" does not include Data or any software application or service that is provided by you or a third party (including Applications), whether or not PostcardMania designates them as "official integrations".

API License

As long as you follow this API TOS, PostcardMania grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the PostcardMania APIs with your Application. Your license is subject to the limitations set forth in the sections below, and you agree that violation of any sections will automatically terminate your license to use the PostcardMania API.

Use of APIs and PostcardMania Data

The following identifies limitations on use related to the PostcardMania API:

• Reliance on API. PostcardMania is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviors.
• Your Images. PostcardMania uses Adobe products to open all images you provide to us. It is your sole responsibility to ensure all images you provide will open with Adobe Photoshop or InDesign, which must be in .png, .jpeg, or .pdf file formats. PostcardMania mails postcards within 1-3 days of receiving a properly formatted image from you. PostcardMania is not responsible for corrupt or improperly formatted files and any delays, including mailing delays, caused by such files.
• Applicable laws or agreements. You may not use the PostcardMania API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or PostcardMania’s other agreements to which you are subject.
• Scope of acceptable use. You may not use the PostcardMania API or any other technology in a manner that accesses or uses any information beyond what PostcardMania allows under this API TOS or the Documentation; that changes the PostcardMania Service; that breaks or circumvents any of PostcardMania’s technical, administrative, process or security measures; that disrupts or degrades the performance of the PostcardMania Service or the PostcardMania API; or that tests the vulnerability of PostcardMania’s systems or networks.
• Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
• Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the PostcardMania API or any portion thereof.
• Functionality. You may not use the PostcardMania API to replicate or compete with core products or services offered by PostcardMania. You acknowledge and agree that PostcardMania has or may in the future offer products or services that are similar to your Application, and nothing will prevent PostcardMania from doing so.
• Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the PostcardMania API.
• Advertising. You may not:
  • Place any advertisements within PostcardMania Service channels, and your advertisements may not resemble or be reasonably likely to confuse users as being a PostcardMania Service message;
  • Use Data or any content from PostcardMania in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or
  • Use contact information obtained from PostcardMania (including email addresses) to contact PostcardMania users outside of PostcardMania without their and our express permission.
• Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of PostcardMania API, or otherwise use the PostcardMania API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or the Documentation.
• Use for promotion of gambling or adult content.  You may not use the PostcardMania APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
• Distribution of your application. You may not distribute or allow access to the PostcardMania APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
• Use of PostcardMania Brand or Marks. You must not use the PostcardMania Brand in a way that suggests your service is endorsed by, sponsored by, or associated with PostcardMania, and you must abide by PostcardMania’s Brand Guidelines available on request — by contacting us.

Responsibility for Compliance with Legal Requirements of the State of Georgia

In addition to, and not a replacement of, your other obligations in this API TOS with respect to limitation of liability and indemnity, which this Section 4.14 may expand, the following terms, conditions, and obligations shall apply to you with respect to mail sent related to the purchase of real estate services or related to the sale of real estate located in Georgia or to a Georgia address. There are specific legal requirements you need to familiarize yourself with, and you are ultimately solely responsible for ensuring compliance. While we may provide general information regarding these legal requirements, that information is provided “as-is” for informational purposes only and may not be relied upon to ensure compliance. It remains your sole responsibility to ensure that all mail pieces and advertisements comply with all applicable federal, state, and local laws, including but not limited to those laws applicable to real estate advertisements in Georgia. We strongly recommend consulting with your legal counsel to verify your compliance and address any specific concerns before sending any mail or advertisement.

With respect to Ga. Code § 10-1-393.19 and similar requirements (whether amended, new, or uncodified) in Georgia (the “Georgia Requirements”), PostcardMania does not assume any responsibility or liability for errors, omissions, or misinterpretations of the legal requirements that may arise from the use of our services and PostcardMania disclaims all implied warranties associated therewith. PostcardMania's liability in connection with the Georgia Requirements shall not exceed $100 in the aggregate, regardless of the number of violations or mail pieces sent. Under no circumstances will PostcardMania be liable for any indirect, incidental, special, consequential, or punitive damages or legal fees, fines, costs, or expenses with respect to your violation of the Georgia Requirements. By utilizing our services, you represent and warrant to us that your mail piece or advertisement complies with the Georgia Requirements. If PostcardMania mails an advertisement for you, it does not imply or warrant that such mail complies with the Georgia Requirements.

Further, by using our services, you agree to fully and absolutely indemnify, defend, and hold harmless PostcardMania and its shareholders, officers, directors, and agents (the “PCM Indemnitees”) from and against any claims, damages, liabilities, fines, costs, or expenses (including reasonable attorneys' fees) that arise from your failure (whether you are mailing on your own behalf or for a third party), or the failure of any mail piece, to comply with the Georgia Requirements, or any other federal, state, or local laws. If a claim is made against the PCM Indemnitees, PostcardMania may retain its own independent legal counsel, the cost of which shall be paid by you on demand.

Reference: Ga. Code § 10-1-393.19

Mailing List Data Compliance and Records Removal

All mailing lists, whether purchased or provided, are subject to modification to comply with applicable privacy laws, data protection regulations, and individual opt-out or removal requests. As a result, certain records may be removed without prior notice. In accordance with privacy and data protection policies, protected individuals or other removal requests will automatically be removed prior to the mailing list being mailed or emailed. This is to ensure compliance with applicable privacy regulations.

Please note that these removals may affect total list counts and may reduce the number of available records following purchase. Such adjustments are a normal part of maintaining legal and ethical compliance and do not constitute a defect or shortfall in the product or service provided.

Storage of Data

• Caching Data. Where Data is cached, you should refresh the cache at least every 24 hours.
• Secure Storage Measures. All Data should be stored and served using strong encryption.
• Delete at User Request. You must delete all Data you have collected from a PostcardMania user upon request by that user, and when the PostcardMania user deauthorizes your Application or closes his or her account with you. Similarly, when a team stops using your Application, you should delete all Data obtained from that team. The restrictions of this Section do not apply to Data that PostcardMania users also provide directly to you and that is separately entered or uploaded to you by the user of your Application.
• Deletion at Termination. If we terminate your use of the PostcardMania APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the PostcardMania APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. This provision does not require a PostcardMania user to delete Data stored in PostcardMania if the PostcardMania user is prohibited from accessing the PostcardMania API.
• No Other Storing. You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by this API TOS.

Your User Agreement and Privacy Policy

If you offer your Application for use by others outside your organization, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact PostcardMania users. Your privacy policy must be at least as stringent and user-friendly as ours.

Security Measures

• Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, "Your Systems") must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
• Ownership. As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) PostcardMania APIs, Documentation, and all elements and components thereof; (2) Data; (3) PostcardMania Services; and (4) Brand Features (collectively, the "PostcardMania Materials"). The only exception to this is Data that you as a PostcardMania user have licensed to PostcardMania under the Terms of Service, which governs that Data. Except for the express licenses granted in this API TOS, PostcardMania does not grant you any right, title, or interest in the PostcardMania Materials. You agree to promptly take such actions as PostcardMania may reasonably request to perfect PostcardMania’s rights to the PostcardMania Materials.

Term and Termination

• Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the PostcardMania API, and will continue until terminated as set forth herein.
• Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs and the PostcardMania Service.
• Suspension; Termination. We may change, suspend or discontinue the PostcardMania API and suspend or terminate your use of the PostcardMania API, the PostcardMania Service, and/or PostcardMania Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application’s access to the PostcardMania API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
• Effect of Termination. Upon termination of this API TOS:
  • All rights and licenses granted to you will terminate immediately;
  • You will promptly destroy Documentation and any other PostcardMania information in your possession or control that was received under this API TOS;
  • Unless we agree otherwise in writing or as stated in this API TOS, you must permanently delete all Data and other information that you stored pursuant to your use of the PostcardMania APIs. PostcardMania may request that you certify in writing your compliance with this section; and
  • PostcardMania will make commercially reasonable efforts to remove all references and links to your Application from its Services (PostcardMania has no other obligation to delete copies of, references to, or links to your Application).

The above and following sections of this API TOS shall survive any termination.

Other Important Terms

• Legal Representations. You represent and warrant to PostcardMania that, excluding PostcardMania Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by PostcardMania and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
• Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If we make a material change to this API TOs, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the PostcardMania website. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the PostcardMania API. If any change is unacceptable to you, then your only recourse is to cease all use of the PostcardMania API. Your continued access or use of the PostcardMania API will mean that you agree to the updates and modifications.
• Other Applicable Agreements. You and your Application must also comply with the following, which are hereby incorporated by reference:
  • PostcardMania Terms of Service for Users and Customers.
  • PostcardMania Privacy Policy
  • PostcardMania Brand Guidelines (available on request)

In the event of any conflict between the content in this document and the above documents, this document controls your use of the PostcardMania APIs.

Disclaimer of Warranties; Limitation of Liability; Indemnity

NO WARRANTIES.

 THE POSTCARDMANIA API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND POSTCARDMANIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT POSTCARDMANIA DOES NOT WARRANT THAT THE POSTCARDMANIA API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE POSTCARDMANIA API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM POSTCARDMANIA OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.

LIMITATION ON LIABILITY.

 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL POSTCARDMANIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, POSTCARDMANIA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

 You agree to defend, hold harmless and indemnify PostcardMania, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, PostcardMania API or Data, use of PostcardMania Brand, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.

Dispute Resolution

This API TOS and any claim, cause of action or dispute ("Claim") arising out of or related to this Agreement shall be governed by the laws of the state of Florida, United States, regardless of your country of origin or where you access the PostcardMania Service, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and PostcardMania agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the City of Clearwater, Florida. You and PostcardMania agree to submit to the personal jurisdiction of the courts located within the City of Clearwater, Florida – and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that PostcardMania shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

General Legal Terms

• Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
• Language. Where PostcardMania has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
• Notice and Service of Process. We may notify you via email, mail, overnight courier, within the PostcardMania API, or by any other electronic method. You must notify us by overnight courier or certified mail, return receipt requested, to PostcardMania, Attn: Lana Toohey, 2145 Sunnydale Blvd, Clearwater, FL 33765. Any notices that you provide without compliance with this section shall have no legal effect.
• Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and PostcardMania regarding the PostcardMania APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
• No Informal Waivers, Agreements, or Representations.  Our failure to act with respect to a breach of this API TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any PostcardMania affiliate shall be deemed legally binding on any PostcardMania affiliate, unless documented in a physical writing hand signed by a duly appointed officer of PostcardMania.
• Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or PostcardMania Service or any PostcardMania APIs, or other material used or displayed through the PostcardMania Developer Site or PostcardMania Service.
• Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOs, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, PostcardMania, Inc. for any third party that assumes our rights and obligations under this API TOs.
• Potential Other Rights and Obligations.  You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
• Right to Refuse Service.  We reserve the right to refuse service to anyone for any reason.

Addendum

Refund Policy

I acknowledge that I cannot be refunded for services that have been approved for delivery. Once you have sent approval for a specific product (list, design, print product, etc.) the money paid for those services is fully allocated and the product can no longer be altered, canceled or refunded. In some cases, even if no approval has been given, PostcardMania reserves the right to offer credit on account or partial refund if costs have been incurred.

PostcardMania and the United States Postal Service

PostcardMania is authorized, as my MSP (Mail Service Provider), to manage all USPS transactions, documentation, electronic submissions, promotional requests or changes, and account administration on my behalf. Details regarding MSPs can be found at https://postalpro.usps.com/.

I understand that PostcardMania is a separate entity from the United States Postal Service.

Once your mail or your customer’s mail is in the hands of the USPS, PostcardMania can no longer control or change any aspect of the mailing. You also acknowledge that the USPS does not provide written proof of mailings or delivery for individual mail owners. The USPS provides us with your customer’s mail tracking data as they scan your customer’s mail pieces which will be automatically updated to your customer’s storefront account.

There are times when we do not have confirmed scans due to their sorting procedures but the USPS will still deliver your customer’s mail even if we cannot provide tracking data.

Once your customer’s mail has been given to the USPS, PostcardMania cannot cancel the mailing or refund the order.

Post Office Delivery Times: The delivery date given is approximate based on the normal turnaround time.

PostcardMania is not responsible for delays caused by the USPS and our responsibility ends when the printed mail piece is delivered to the Post Office. Under no circumstances is a refund or credit issued for the cost of the order after the product has been dropped at the Post Office.

Postage Increases: When the USPS increases postage rates, we will pass along that increase by raising API pricing. You will be notified of the rate increase.

Mailing Lists: The industry average for return on non-deliverable mail is 10%. Unfortunately, people move every day and they do not always let the USPS know. Therefore, sometimes there is a delay in updating where the consumer or business has moved to.

If you ordered and mailed your cards out through PostcardMania, we will assume responsibility for any amount above 10% if the list has been used within a year of purchase.

PostcardMania will give a credit toward future mailing for any amount returned over 10% on lists purchased through PostcardMania. This includes the printing, addressing, list and postage fees over the 10%.

You must save and return all of your mail pieces in order to receive the credit listed above as we need to return these to the third-party list compiler.

PostcardMania will have no liability to you for returns related to a list provided by you.

PostcardMania is not responsible for the maintaining or storage of mailing lists you have provided to us or purchased through us beyond the current mailing.

However, we will make every effort to keep your personal mailing list(s) and any unlimited lists you purchased from us for a period of (1) year. After (1) year, any mailing lists we have on file for you will no longer be kept on file.

Custom Design Services

Designs purchased are for one size and we will deliver a jpeg file for the front and back of the postcard for static designs, or configure the design in your PCM Integrations portal for variable designs.

That design will have a cap of 10 iterations (design changes). Sizes can be selected from: 4 in. X 6 in., 4.25 in. X 6 in., 6 in. X 8.5 in., 6 in. X 9 in., 6 in. X 11 in and 8.5 in. X 11 in.