Terms & Conditions
ArtStamps can be contacted for Customer Service issues at 1-877-4 A STAMP or CustomerService@ArtStamps.com.1. Overview:
Thank you for making your art a masterpiece with ArtStamps(R). We have a few fundamental rules for ordering and production of our personalized products. Simply, we expect you to submit images that will be deemed acceptable by the general public. We expect you to submit images which have been created by you, or images you have received from other sources but that do not violate any copyright laws or the rights of others. We expect you to create and submit images which would not damage the reputation of the United States Postal Service, ArtStamps, LLC, or any other party. ArtStamps reserves the right to reject any image if it fails to meet our standards. By submitting your art and/or placing an order you accept these terms and acknowledge that these terms constitute a binding agreement between you and ArtStamps. All original submissions made to ArtStamps will become the property of ArtStamps, and therefore cannot be returned. We will, however, return all artwork images, photographs, keepsakes or mementos that are forwarded to ArtStamps under its ArtStamps Express program for image scanning at cost. The following sections will get into more details, and express the rules above in more "legal" terms. But we trust that you can sense the basic spirit of our policy as simply expressed above.2. Definitions:
These Terms and Conditions are subsequently referred to as "Terms." You are "you" - our customer. The terms apply to the designing and purchasing of personalized postage ("postage" or any other personalized "material") from ArtStamps. ArtStamps is incorporated and located in Connecticut. These terms shall be governed by and construed in accordance with the laws of the State of Connecticut. Any disputes arising under or in connection with these terms shall be subject to the jurisdiction and venue of the state and federal courts located in Hartford, Connecticut.3. Acceptance:
Your submission of the ArtFormTM and/or the Order Submission Form will verify that you have read and acknowledge these terms and conditions.4. Geographic Restriction:
Orders for personalized postage will only be shipped to the 50 states of the United States and the US Territories. A single exception will apply - qualified orders will also be shipped to US military personnel at APO/FPO addresses worldwide.5. Your Responsibilities:
When creating and using personalized postage you acknowledge and agree that neither ArtStamps nor any other party connected with the license or manufacture of the postage will be involved in any way with the design or content of your ArtStamps. You must evaluate and bear all risks associated with the use of any of your content and images with the postage. You are solely responsible for and assume all liability arising from all postage. The fact that we facilitate the production of the postage does not mean that: (1) we approve or endorse the content of the postage, (2) the postage complies with all applicable laws, or (3) you will not incur any liability or harm arising from the postage. ArtStamps has partnered with RR Donnelley and Pitney Bowes for the manufacture of your customized postage. The fact that RR Donnelley and Pitney Bowes manufacture the finished postage sheets does not imply that:
- Either RR Donnelley or Pitney Bowes approves of or endorses the content of the postage stamp design.
- the customized postage complies with all applicable laws.
- you will not incur any liability or harm arising from the customized postage.
Furthermore, you agree to refrain from using the ArtStamps service, the personalized postage or products manufactured at your behest, or images of your custom postage or products in any manner that would cause damage to the public reputation of ArtStamps, its employees, shareholders, board members, or partners including but not limited to RR Donnelley, Pitney Bowes and the United States Postal Service. In the event that you use or publicly display your ArtStamps customized postage or other products, including by display on the Internet, in order to intentionally bring harm to ArtStamps, its employees, shareholders, board members or partners, ArtStamps reserves the right to demand the immediate return of the customized postage or product produced for you. In such a case, ArtStamps will direct RR Donnelley and Pitney Bowes to have the bar codes printed on your customized postage invalidated and pursue any and all remedies available to ArtStamps under the law.6. Under these Terms and Conditions
You may NOT submit any of the following material or obtain any such material to be processed by ArtStamps:
- Any material that is depictive or suggestive of a threatening, obscene, pornographic, profane, blasphemous, deceptive, vulgar, or objectionable nature, or any other illegal material that could give rise to any civil or criminal liability under applicable law, including but not limited to anything that can be deemed violent, sexual, pornographic, racist, or otherwise harmful or offensive.
- Any material that could infringe on rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
- Any material which denigrates or attacks any persons based on race, religion, national origin, age, sexual orientation or material containing discriminatory or inflammatory content.
- Any images of firearms or weapons.
- Any images representing political themes. No images of politicians-retired, deceased, or current.
- Any images or orders sent from an anonymous or false address.
- No images of celebrities or celebrity likenesses.
In addition, ArtStamps shall not be held responsible for any artwork images, photographs, keepsakes or mementos that are forwarded to ArtStamps for image scanning but, for whatever reason, are lost or damaged by ArtStamps' package courier in the process of being return shipped to you.7. Suspension and Termination of Access:
If you fail to comply with any of these terms or if a competent regulatory authority requires ArtStamps(R) to do so, ArtStamps can:
- refuse to accept your orders for ArtStamps service; or
- move or suspend any part of the ArtStamps service.
If you fail to comply, ArtStamps will not be liable to you or any third party for any suspension or termination, except that ArtStamps will refund to you any amounts paid by you for products not produced.8. General Information:
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All items purchased through ArtStamps are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.9. Compliance with Local, State and Federal Laws:
In using our service, you agree to not take any action that harms or infringes on the rights of any individual, group, or entity. You agree that you will use the ArtStamps Website and any postage or other products ordered here in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances.10. Warranties and Indemnification:
By submitting your artwork, photographs, keepsakes or mementos, you warrant that the image is not protected under copyright or trademark laws. You hereby agree to indemnify and hold ArtStamps harmless from any suit, demand, or claim made against ArtStamps by reason of breach of this warranty, and you agree to any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any attorneys' fees incurred by ArtStamps in defending against such suit, demand, or claim. You agree that ArtStamps may provide a copy of this statement to anyone claiming infringement of copyright or trademark in the file(s) being submitted. More specifically, you agree to indemnify and hold ArtStamps and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, Internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your content and/or images, your use of the personalized postage, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person. The postage, products, service, and/or materials available through ArtStamps are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, ArtStamps expressly disclaims all warranties and conditions of any kind, whether express or implied, with respect thereto.11. Ownership of Bulk-Shipped Postage:
If you elect to have parents' printed materials bulk-shipped to your organization, you accept the financial liability of the monetary value of the postage, and need to keep it safe upon your receipt and through its distribution.12. Notice of Potential Copyright Infringement:
ArtStamps is committed to honoring valid copyrights on images. Users of the ArtStamps postage are required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed at ArtStamps. If you believe that your work has been copied in a way that infringes on your copyrights, please contact us with complete details at: Intellectual Rights ArtStamps, LLC (877) 427-8267 Email: CustomerService@ArtStamps.com13. Termination of Access/Refusal of Service:
ArtStamps may at any time without notice refuse to accept your orders for customized postage or any other ancillary product, change or curtail any part of our service, and refuse to process any order (or part of an order) if you do not comply with these Terms and Conditions. These actions can be taken at the sole discretion of ArtStamps, LLC or in compliance with a request from a regulatory agency such as the United States Postal Service. In no event will ArtStamps be liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement including, without limitation, damages for loss of goodwill, or Website or computer failure or malfunction, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. Some Legal jurisdictions do not permit the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not be applicable to your situation.14. Amendment of the Terms:
ArtStamps reserves the right to amend these terms at its own discretion. You are responsible for upholding and accepting any changes if you wish to continue use of the service.15. Precedence:
These Terms and Conditions constitute the entire agreement between you and ArtStamps, LLC with respect to our personalized postage or other products. All other communications, written or oral, with regard to the service are hereby superseded. Our failure to act regarding a breach of these terms does not waive our right to act upon further breaches.