Terms of Service

Overview

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms of Service were last updated on 23 September 2019.

1  General Conditions

1.1 This website is operated by Tom Oliver Maryniak, doing business as “Tom Maryniak Print Works”. Throughout the site, the terms “we”, “us” and “our” refer to Tom Maryniak Print Works. Tom Maryniak Print Works offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2 By visiting our site and/​or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/​or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/​or contributors of content.

1.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-​party for any modification, price change, suspension or discontinuance of the Service.

1.4 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/​or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.5 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2  Prohibited Uses

2.1In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: a for any unlawful purpose; b to solicit others to perform or participate in any unlawful acts; c to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; d to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f to submit false or misleading information; g to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; h to collect or track the personal information of others; i to spam, phish, pharm, pretext, spider, crawl, or scrape; j for any obscene or immoral purpose; or k to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

2.2 You may not use our products and/​or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.3 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

3  Products, Services, and Subscriptions

3.1Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

3.2We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.

3.3All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time, with or without notice, at the sole discretion of us.

3.4Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.

3.5We have made every effort to display as accurately as possible the colours and images of our products that appear at the website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

3.6We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3.7We may offer various subscription services, including, but not limited to, prepaid subscriptions with the automatic renewal. By purchasing a Prepaid Subscription service with the Automatic Renewal, you agree that once you have expressly agreed for your Payment Card to be charged on a recurring basis, and agreed to the amount of the recurring charges, we may submit periodic charges (e.g., monthly, annually, etc.) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we reasonably could act. Information on how to cancel is described below.

3.8By purchasing a Prepaid Subscription with the Automatic Renewal, you agree and acknowledge that your subscription has an initial pre-​payment feature for the applicable length of service (twelve months) and a recurring Prepaid Subscription renewal fee at the then-​current applicable Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by us after the expiration date of your payment card.

3.9At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (twelve months) and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-​current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.

3.10Except as otherwise expressly provided for in these Terms, any price changes or other changes to your active Tom Maryniak Print Works subscriptions plans will take effect following notice to you.

3.11To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-​current term and up to fourteen days before the start of a new subscription term, you may send us a message at postcards@​tommaryniak.​com and we will cancel it for you. If you cancel the automatic renewal outside the aforementioned agreed-​upon time frame, we reserve the right to bill you for another subscription term at full, then-​current applicable Prepaid Subscription rate. If you cancel the automatic renewal, your subscription will remain active until the end of your then-​current subscription term.

3.12For Gift Subscriptions, the subscription will NOT be renewed after the then-​current term expires. You cannot cancel a Gift Subscription and the prepaid fee is non-​refundable.

3.13We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Such a revocation is final and you are not entitled to the refund of any already paid subscription fees.

4  Purchase and Payment

4.1If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, but limited to, your payment card number, the expiration date of your payment card, your full name, your email address, your billing address, and your shipping information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your Transactions and contact you as needed. You represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) utilised in connection with any Transaction.

4.2By submitting such information, you grant to Tom Maryniak Print Works the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Collection, storage, processing, use, and transfer of the aforementioned information is governed by our Privacy Policy, which constitutes an integral part of the Terms. Verification of information may be required prior to the acknowledgement or completion of any Transaction.

4.3It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products and services ordered will be used only in a lawful manner.

4.4We reserve the right to impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion.

4.5We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit the available quantity of or discontinue any product or service at any geographic region or jurisdiction and limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, and/​or orders that use the same billing and/​or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-​by-​case basis.

4.6In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/​or billing address/​phone number provided at the time the order was made.

4.7We may, in our sole discretion, limit, change, or discontinue the available payment methods at any geographic region or jurisdiction, with or without prior notice. Any such a limitation, change, or discontinuation of a payment method does not absolve you from the obligation of paying us any outstanding charges in full.

4.8You agree that by placing an order on the Site, you are entering into a binding contract with Tom Maryniak Print Works and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, but not limited to, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

4.9All payments are due at the time of the order of the product and/​or service, or, in the case a subscription service with the automatic renewal, at the start of each new subscription term.

4.10If we do not receive payment from your payment card provider or if your payment card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-​payment, we may require you to provide a second valid payment card details, or other accepted and valid form of payment, before continuing to use the Services.

4.11Additionally, we reserve the right to charge a then-​current statuary interest on any late payments. You agree to cover this additional charge.

4.12You authorise us to charge outstanding fees and other amounts due us against any payment card you have on file with us.

4.13You are solely responsible for any fees charged to your payment card by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, and over the limit fees.

4.14We reserve the right to take all the steps necessary to collect amounts due from you, including, but not limited to, legal action and/​or using third-​party collection agencies. If your account is more than 30 days past due, and is forwarded to a collection agency, you will additionally be liable for any recovery fees charged by the agency.

4.15You agree to notify us about any billing problems or discrepancies within 120 days after they first appear on your payment card statement. If you do not bring them to our attention within 120 days, you agree that you waive your right to dispute such problems or discrepancies.

5  Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy, which constitutes an integral part of the Terms.

6  User-​generated Content and Submissions

6.1If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation 1 to maintain any comments in confidence; 2 to pay compensation for any comments; or 3 to respond to any comments.

6.2We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

6.3You agree that your comments will not violate any right of any third-​party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-​parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-​party.

7  Disclaimer of Warranties

7.1We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-​free.

7.2We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

7.3You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

7.4You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-​infringement.

7.5Any item purchased from our Site, either as part of subscription service or separately, will be shipped by a third party carrier. As a result, title and risk of loss for such items will pass to you upon our delivery to the carrier.

8  Limitation of Liability

In no case shall Tom Maryniak Print Works, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9  Indemnification

You agree to indemnify, defend and hold harmless Tom Maryniak Print Works and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

10  Miscellaneous

10.1Optional tools. We may provide you with access to third-​party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-​party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-​party provider(s).

10.2Third-​party links. Certain content, products and services available via our Service may include materials from third-​parties. Third-​party links on this site may direct you to third-​party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-​party materials or websites, or for any other materials, products, or services of third-​parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-​party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-​party products should be directed to the third party.

10.3Conducting business electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor we will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorisation for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

10.4Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

10.5Dispute resolution. Both you and Tom Maryniak Print Works agree that in the event of any dispute between us, you and Tom Maryniak Print Works will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Both parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Tom Maryniak Print Works shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis.

10.6Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/​or accordingly may deny you access to our Services (or any part thereof).

10.7Entire agreement. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

10.8Governing law. We control and operate the Site and from the United Kingdom. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

10.9International use. We provide this Site for use only persons located in the United Kingdom. We make no representation that materials on the Site are appropriate or available for use outside the United Kingdom. If you choose to access this Site from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10.10Force majeure. We will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control.

10.11Contact information. Questions about the Terms of Service should be sent to us at postcards@​tommaryniak.​com or by mail using the details provided below:

“Tom Maryniak Print Works”
Tom Oliver Maryniak
139 Church Path
Deal, CT14 9UD
KEN
United Kingdom