Legal

User Contract

Service is provided by Iris Group, Inc. / Gratzie!™

Please read these terms of use carefully before using the Gratzie! web site or mobile applications, or before placing an order. By using any of the above services, you signify your unconditional assent to these terms of use and the fact that all terms and conditions herein apply to Iris Group, Inc. d.b.a. Gratzie! and all of our affiliates, vendors, and partners separately and collectively as applicable. If you do not agree to these terms of use, you are not authorized to use the Gratzie! web site or mobile application. Gratzie! cannot and does not guarantee the security of information you transmit through the Web or Gratzie! mobile application, and you transmit all such information at your own risk.

Terms and Conditions of Order (updated 10/03/13)

1. Accuracy

Layout

You are 100% responsible for the accuracy of your final Gratzie! card submitted for order. Please verify and proofread all personalized elements including your branding and/or logo, personal contact information and URL, image selection(s) and proofread all messages and layouts carefully. You are also 100% responsible for providing both a delivery and return address that comply with current USPS Postal Regulations for proper mailing format as outlined on our website.

Gratzie! reserves the right to refuse to print any material that Gratzie! determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements.

Color

All cards are placed on our printing press with other Gratzie! orders or "gang printed". When printing, Gratzie! will reproduce color as closely and accurately as possible, but cannot exactly match color and density because of limitations in the printing process as well as neighboring image ink requirements. This applies to both the selected Gratzie! card layouts and your submitted logo(s). The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen. The colors on the printed cards may differ from what you see displayed when previewing your layout via Gratzie's online final order process. The online preview only presents the design layout, text accuracy, image proportion and placement, but not color or density.

2. Payment

The fees for Gratzie! products and services, which include the cost of processing, printing, mailing, and any other charges applicable, are due and payable no later than with the submission of an order.

Gratzie! requires pre-payment on all orders with the exception of certain customers who are pre-approved for Credit Terms. Payment for Credit Terms accounts is due Net 30 from the date of the invoice. Any amount due to Gratzie! which is not paid on time may result in non-delivery of orders that are placed after the due date of the unpaid invoice, and interest charges may be applied as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.

Refunds & Cancellation

No refunds of any nature will be granted once you place your order for a card that is to be sent immediately. If you cancel a Gratzie! account and have remaining purchased cards that are not in production to be sent at the time of cancellation, a refund is available upon customer request for purchased cards only, if purchased by the individual requesting the refund. Individuals may not request refunds for cards purchased by another payor (such as the employing corporation).

3. Production Time & Delivery

Our daily deadline for accepting orders to begin work on is 11:59 pm PT. Quoted Production Time is 2 business days and starts only after Gratzie! receives a final order approval. Gratzie! quoted production business days are calculated in 24 hour increments. All correspondence regarding the order must include the order number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in response. Please add one (1) additional day for completion of your order when Gratzie! or U.S. Postal Service-observed holidays fall within the Production Time (see our website for a list of Observed Holidays).

Expected completion date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in USPS delivery service, natural disaster, the breakdown of equipment, bad weather, etc. Gratzie! is not liable for damage caused by any service carrier.

4. Production Errors, Mail Delivery & Tracking

Gratzie! shall only be liable to rectify errors for production or mailing to the extent of re-printing or re-mailing a corrected order as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will Gratzie! be liable for special, incidental, or consequential damages of any kind. Gratzie!’s responsibility is limited to producing and preparing your mailing, and then completing Gratzie! card delivery to the U.S. Postal Service (“USPS”).

Gratzie! mails all orders by USPS First Class Mail and its delivery shall conform to that service level’s delivery standards. Gratzie! shall not be liable for USPS performance failures or delivery delays. Gratzie! provides mail tracking information on mailed Gratzie! cards using data from the USPS and third-party vendors and accepts no responsibility for failures by these parties in supplying tracking data of Gratzie! orders.

5. Mailing List(s)

The accuracy and completeness of the mailing address used with each Gratzie! order is 100% the responsibility of the user.

If you upload a list for use with Gratzie!, Gratzie! agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer's mailing list. A customer's mailing list(s), while in the possession of Gratzie!, is the exclusive property of the customer and shall be used only with customer's instructions. It is the customer's or customer's list provider’s responsibility to maintain a duplicate copy of its mailing list. Gratzie! assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Your mailing list(s) will not be sold or offered for use to any other party, and Gratzie! will not utilize the list for any other purpose. For additional information regarding mailing lists and security please refer to the Gratzie! Mailing List, Privacy, Security and Limitations of Liability Agreement PDF.

Change of Address

Orders placed with Gratzie! are sent to the submitted address and are not processed through USPS or third-party change of address services. You are also 100% responsible for providing both a delivery and return address that comply with current USPS Postal Regulations for proper mailing format as outlined on our website.

Reformatting

Gratzie! uses standard ASCII and DBF data formats (including CSV, TXT, XLS, XLSX, DBF) for data compilation and mailing of Gratzie! cards. All lists used for Gratzie! cards must be either: (a) submitted in the required Gratzie! format (specifications and template provided on our Website), or (b) submitted to Gratzie! for reformatting into the required format. Gratzie! charges the nominal reformatting fee listed on our Website to perform this service. Lists reformatted by Gratzie! are generally available in 48 hours, although Gratzie! does not guarantee that turnaround time due to potential surges in list reformatting requests and equipment and software failure. Customer will be notified if reformatting is not possible on a submitted list so that a workable file may be submitted.

6. Indemnification, Damages

You agree to indemnify and hold Gratzie! and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity.

The liability of Gratzie!, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Gratzie! for its products and services. In no event will Gratzie! be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Gratzie!. You hereby waive any Statute of Limitations to the contrary.

7. Ownership & Limited Use

By placing an order with Gratzie!, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Gratzie! and; (ii) are authorizing Gratzie! to print and mail such order on your behalf. Any logos or other materials supplied to Gratzie! by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Gratzie!. However, any additional materials created by Gratzie! in the production of an order (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of Gratzie!. Gratzie! reserves the right to reprint and distribute your finished cards as examples of a Gratzie! card product for any and all promotional purposes. This promotional distribution may include but is not limited to Gratzie!'s collateral marketing materials, website, affiliates' websites, affiliate programs, Gratzie! emails, and any other marketing in any medium that Gratzie! may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to Gratzie! at the following address: 1675 Faraday Avenue, Carlsbad, CA 92008, or by email to the following address: support@gratziecard.com.

8. Miscellaneous

Sections 5, 6, 8, and 11 of Gratzie's Terms and Conditions of Use/Website (below) are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Gratzie!. You hereby waive any Statute of Limitations to the contrary.

Terms and Conditions of Use
Website and Mobile Applications

Gratzie! provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at Gratziecard.com or any other web sites, or use a Gratzie! mobile application (collectively, the "System") operated by Iris Group, Inc. d/b/a Gratzie! or one of its divisions or subsidiaries (collectively, " Gratzie!"), you agree to abide by these Terms and Conditions when you use the System. If you do not agree to these Terms and Conditions of Use, do not use any portion of the System.

1. Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the System and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the System may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gratzie!. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gratzie! without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Gratzie!'s name or trademarks without the express written consent of Gratzie!. Any unauthorized use terminates the license granted by Gratzie!. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gratziecard.com so long as the link does not portray Gratzie!, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gratzie! logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Uses

Unauthorized use or modification of any information stored on the System may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the System for anything other than a lawful and legitimate business purpose. You agree not to use the System to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the System; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the System. You are solely responsible for the content of any transmissions you make to the System or to any Gratzie! employee. You agree that you will not send, post or otherwise publish through the System, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another System. You agree not to interrupt, or attempt to interrupt, the operation of the System in any way. You may not advertise or solicit on or through the System without express written permission. You agree that you will not use the System for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring

Gratzie! does not regularly review the contents of the material posted to the System. If you use the System, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Gratzie! does sell products for children. If you are under 18, you may use Gratziecard.com only with involvement of a parent or guardian. Gratzie! reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Gratzie! has no obligation to monitor the System and is not responsible for the content of any messages, information or files transmitted on the System or created and sent by the System, Gratzie! reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Gratzie!, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the System to anyone at any time.

If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Gratzie! for all claims resulting from content you supply. Gratzie! respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of any material that you print with Gratzie! unless you provide us with a written request denying us permission to distribute. The request must be in writing and must indicate specific samples by assigned Gratzie! Order Number and sent to Gratzie! via US Mail or emailed to support@gratziecard.com. You agree to allow Gratzie! 14 days from receipt of letter to remove your samples from circulation.

4. Privacy

Your use of the System constitutes your consent to Gratzie!'s privacy policy posted at Gratziecard.com which is updated from time to time.

5. Copyright Ownership

All content included in the System which is not directly owned by the customer or the customer’s employer (such as the company logo), including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Gratzie! or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Gratzie! and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Trademark Ownership

GRATZIE!™, GRATZIECARD™, GRATZIESTUDIO™, GRATZIEMEDIA™, and other related trademarks and service marks are the property of Gratzie! and are protected by United States and international trademark law. They may not be used without the written permission from Gratzie! and all rights are reserved.

7. Web Linking

Links may appear on Gratziecard.com that link to other web sites. These links are provided as a courtesy to our visitors. Gratzie! has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Gratzie! is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Gratzie! reserves the right to terminate any link at any time. Gratzie! may decide to feature samples of customer work on its System and its related Social Media channels by displaying artwork and/or linking to customer sites. If you would like Gratzie! not to display samples and/or remove hyperlinks to your site, please submit request in writing. The request must be in writing and must indicate specific URL where link is posted and sent to Gratzie! via US Mail or emailed to support@gratziecard.com. You agree to allow us 14 days from receipt of request to remove your samples from our System and related Social Media channels.

8. Purchases

All items purchased from Gratzie! are made pursuant to a delivery contract with the USPS. This means that the risk of loss and title for such items pass to you upon our delivery to the USPS.

9. Disclaimer and Limitation of Damages

  1. Gratzie! is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the System as a result of your use of the System. The System (including, without limitation, all content, software, functions, materials and information made available or described on the System or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Gratzie! makes no warranty or representation, either express or implied, that access to or operation of the System will be uninterrupted or error free. In no event will Gratzie!, its suppliers, or any other party involved in creating, producing or delivering the System's content be liable for the truth, accuracy or completeness of any information on the System, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the System and/or the materials and information contained on or available through the System. The limitations herein may not apply in certain jurisdictions.
  2. Any reliance upon any advice, opinion, statement other information displayed or distributed through the System is at your sole risk. Gratzie! reserves the right, in its sole discretion and without notice to deny access to the System to anyone at any time. Neither Gratzie! nor its affiliates shall have any liability arising from your reliance upon the information provided on the System.
  3. Use of the System is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the System.
  4. We make no guaranty of confidentiality or privacy of any communication or information transmitted on the System or any sites linked to the System. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the System, or otherwise connected with your use of the System.

10. Indemnification

You agree to indemnify and hold Gratzie! and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the System, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

11. Applicable Laws

Gratzie! operates its business from its offices in California and makes no representations that materials in the Gratzie! System are appropriate or available for use in other locations. Access to the System from any territory where the content is illegal is prohibited. If you choose to access the System from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of any part of the System alone does not subject Gratzie! to any specific jurisdiction. You may not use or export any of the System materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the System or to the System materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the System or System content shall be brought in either the state or federal courts in San Diego, California. Communications made through the System's e-mail and messaging system shall in no way be deemed to constitute legal notice to Gratzie! or any of its officers, employees, agents or representatives, such as where notice to Gratzie! is required by contract, or any federal, state or local laws, rules or regulations.

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