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Welcome, and thank you for your interest in the website www.HyggeMail.com (“HyggeMail,” “us” "our" or “we”) and our services made available through the website (the "Website" or the “Site”) and any mobile application (the “App”) which we may make available to you now, or in the future, and which together comprise the service (“Service”). HyggeMail is owned and operated by HyggeMail LLC, a Massachusetts Limited Liability Company. Unless otherwise specified, all references to the Service include the services available through the HyggeMail Website or App, as well as any software that HyggeMail provides to you that allows you to access and use the Services. The term “you” refers to the user of the Service including, without limitation, visitors to the Website or App, customers and contributors of User Content. The following Terms of Service are a legally binding contract between you and HyggeMail regarding your use of the Service.
In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
By visiting our Site or App you represent and warrant that you are at least the age of majority in your state of residence and are able to enter into a binding contract. If you are a user between the ages of 13 and 18, you represent and warrant that you have parental permission to enter into an agreement to accept these Terms of Service. Certain features of our Services may be subject to higher age and/or other eligibility requirements and restrictions.
HyggeMail offers several Subscription Plans for our users.
HyggeMail will produce your postcards from your design as closely as possible, but cannot exactly match the color and density as represented and viewed on your computer and monitor because of hardware and software variations, and because of inherent limitations with the printing process; therefore, the accuracy of color reproduction is not guaranteed. By placing an order with HyggeMail, you agree to this limitation.
All postcards will be mailed to an address provided by you by the United State Post Office using first class mail service.
HyggeMail may permit you the opportunity to incorporate your own content or materials into postcards you design, or to otherwise transmit content to or through the Service, including as part of a postcard or through a publicly viewable area. This may include, without limitation, certain images, photos, artwork, designs, reviews, comments and other content including suggestions, ideas, testimonials questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable to third parties.
Violating the security of our Services is prohibited and may result in criminal and civil liability. HyggeMail may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
The above information must be submitted to HyggeMail at: email@example.com
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the Commonwealth of Massachusetts.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with HyggeMail, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If HyggeMail has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at email@example.com.