The following terms govern use of the Pitney Bowes MyGraphics™ Designer System (“MyGraphics”). By making a submission to MyGraphics, you agree to the following terms.
1. You agree to submit materials, including but not limited to text, data, photos, images, graphics, or any of these elements in combination (“Content”) in the format specified by Pitney Bowes.
2. You agree that you are solely responsible for the Content you submit hereunder. You represent and warrant that (i) you have the legal right to copy, display, distribute and/or make adaptations and derivative works of the Content that you submit to Pitney Bowes, share or print; (ii) the Content you submit will be used for lawful purposes only and in a manner consistent with local, provincial and federal laws and regulations; (iii) the Content may be legally possessed and used in the province or territory where you reside or where you intend to use the Content; and (iv) that you have provided all disclosures to, and obtained all authorizations and consents from, any individuals whose images you have included in the Content as required by applicable law in respect of such use. You acknowledge, agree and warrant that you understand that the Content you submit is not provided, approved, or endorsed in any way by the postal service.
3. You agree not to submit Content that constitutes any of the following:
· Content, whether appearing individually or in combination with other content or images, that may cause the customized postage/graphics program to become a public forum, including but not limited to: content or images actively advocating or disparaging the religious, political, or legal agenda of any person or entity, including but not limited to content or images designed to influence a specific piece of legislation; partisan or political content or images, including but not limited to content or images supporting or opposing election of any candidate(s) to any federal/provincial/local governmental office or supporting or opposing any referendum conducted by federal/provincial/local government; or content or images related to human reproduction or sexuality, including but not limited to content or images related to services or counseling with regard to pregnancy, abortion, or other sexual matter;
· Any material for any unlawful purpose or that is obscene, offensive, cruel, blasphemous, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, slanderous, libellous, vulgar, violent, discriminatory (for example, based on race, colour, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging;
· Content containing non-incidental depictions of firearms, ammunition, or gambling;
· Content depicting: illegal activities, illegal substances, paraphernalia designed for use in connection with illegal substances or activities, or convicted criminals or anything related to the sale of alcoholic beverages, tobacco or tobacco-related products; profanity, nudity, or sexually explicit functions or materials; anything related to the sale of products designed for use in connection with sexual activity, or products, services, or entertainment directed to sexual stimulation;
· Material which might express or imply ideological, economic or other views not generally accepted as in the public interest;
· Any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes or may infringe any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any living or deceased person or entity;
· Any material which is likely to cause harm to any computer systems upon which such material will be run or processed, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any computer system or which may cause any defect, error, malfunction or corruption to any computer system;
· Any material that emulates any form of valid indicia or payment for postage, or resembles or could be confused with postal markings, or text required or recommended by postal regulation; or
· Any material that violates any postal service guidelines and rules in the location where the Content will be used.
5. In the event you violate any of these terms, Pitney Bowes may, in its sole discretion, terminate your use of MyGraphics at any time. In the event that you publicize such violation, you acknowledge that Pitney Bowes will suffer substantial damage to its reputation and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages, and that Pitney Bowes shall be entitled to injunctive relief without having to post any bond.
6. You agree that you remain solely liable with respect to any Content submitted by you and agree to indemnify and hold Pitney Bowes harmless for any and all damages that occur or are threatened as a result of your failure to comply with or breach of any of these terms.
7. EXCEPT AS MAY BE EXPRESSLY STATED HEREIN, PITNEY BOWES MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, COLLATERAL OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, RESULTS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE FUNCTIONALITY, OPERATION OR PERFORMANCE OF MyGraphics OR OTHERWISE. PITNEY BOWES WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR BY REASON OF YOUR SUBMISSION OF CONTENT OR USE OF MyGraphics OR THE FAILURE OF MyGraphics TO OPERATE OR PERFORM, INCLUDING WITHOUT LIMITATION LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE EXCLUSION OF LIABILITY SET OUT ABOVE DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PITNEY BOWES OR ITS SUPPLIERS EXCEED $10.
These terms shall be governed in all respects by the laws of the Province of Ontario without regard to conflict of laws principles. Both parties submit to jurisdiction of the courts sitting in Toronto, Ontario, and further agree that any cause of action arising in connection with these terms shall be brought in such courts. The United Nations’ Convention on Contracts for the International Sale of Goods is expressly disclaimed.
It is the express wish of the parties that these terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.