Sending Technology Solutions Terms
MyGraphicsTM Designer System
Pitney Bowes MyGraphicsTM Designer System Product Terms (Last modified January 13, 2018)
Submission of Content
a) You’ll 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 of Canada Ltd. (“PBC”).
b) You’re solely responsible for the Content you submit. You represent and warrant that (i) you have the legal right to copy, display, distribute and/or make derivative works of the Content that you submit to PBC, 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 any individuals whose images you have included in the Content have given their permission for that 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.
c) You won’t 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, color, 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 impermissible messaging mentioned above;
· 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 the material will be run or processed, including but not limited to material which contains any virus, code, worm, 2 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; or
· 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; and
· Any material that violates any postal service guidelines and rules in the location where the Content will be used.
d) You’re solely responsible for confirming that any Content you submit meets all of the requirements described in these terms. By submitting Content, you represent and warrant to PBC that the Content meets these requirements. You agree that while PBC has the right to review the Content you submit to determine its suitability for use and compliance with these terms, nothing requires PBC to perform a review. You understand and agree that if PBC, in its sole discretion, determines that any Content or other material you submit is inappropriate, offensive or does not meet these terms, PBC may reject your submission or if already accepted may subsequently terminate your use of any Content or other material at any time without explanation.
Violation of Terms
If you violate any of these terms, PBC may, in its sole discretion, terminate your use of the MyGraphics™ Designer System at any time. If you publicize the violation, you acknowledge that PBC will suffer substantial damage to its reputation and goodwill and that you’ll be liable for any resulting damage, including consequential and indirect damages, and that PBC will be entitled to injunctive relief without having to post any bond.
You remain solely liable for any Content submitted by you and agree to indemnify and hold PBC 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.