Red Stamp provides the Services to you, subject to the Terms. Your use of Red Stamp indicates your agreement to be bound by the Terms. The Terms comprises the entire agreement between you and Red Stamp and supersedes any prior agreements between you and Red Stamp with respect to the subject matter addressed in the Terms. Red Stamp may revise the Terms at any time. All revisions to the Terms shall be effective immediately upon posting such revisions at www.Red Stamp/terms. You agree to review the Terms periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 13 (Termination) below. Your continued use of this Website and the Services following posting of any revised Terms shall be conclusively deemed to be acceptance of all such revisions. The term "Red Stamp" used in this Terms means Taylor Technology Services, Inc., formerly known as Red Stamp Cards, Inc.
3.1 Red Stamp Content, Copyrighted Works and Trademarks. The contents of this Website and/or App, including, but not limited to, products, font, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, "Content") is owned, licensed or controlled by Red Stamp or its third party suppliers, and is protected by United States and international copyright, trademark and/or other intellectual property law. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered Trademarks owned by Red Stamp, its licensees or its third party suppliers. Under no circumstances may you use or copy any of the Trademarks. You may not frame or utilize framing techniques to enclose any Trademarks, brand names or other trademarks or use any meta tags or other hidden text to capture the same without the express written permission of Red Stamp.
3.2 Use of Services. Red Stamp grants you a limited, non-transferable license to access and use the Services, specifically including this Website and the Content, for your own use in connection with the Services subject to the Terms. Red Stamp permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Red Stamp or third parties (collectively, "Rights"). These Rights are valid and protected in all media existing now or later developed and, except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws as well as the Terms. Except as expressly allowed in Section 4 below (relating to Red Stamp's Personalization Service), you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of Red Stamp. Red Stamp grants you a limited, non-transferable license to access and use this Website, but does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Red Stamp, or where expressly permitted.
3.3 Prohibited Use of Website. You will not sell, redistribute or sublicense access to or use of the Website or the App, or our Content and/or Services. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, the App, the Services and/or the Products, or any portion of any of the foregoing, without the express written consent of Red Stamp. You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this Website, App, or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by the Red Stamp to be in conflict with the spirit or intent of the Terms. You further agree not to use this Website or the Services provided on this Website to do any of the following:
(a) upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that is obscene, offensive, blasphemous, pornographic, unlawful, threatens another person or entity, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
(b) upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes the copyright, trademark, patent or other intellectual property or any moral right of any party;
(c) to harm minors in any way, including, but not limited to, content that violates child pornography or exploitation laws;
(d) attempt to upload images by any method to another user's account without permission;
(e) resell the Services offered or any portion of the Services;
(f) impersonate another user of this Website including an employee of Red Stamp;
(h) interfere with the operation of Red Stamp's servers or other computers or Internet or network connections;
(i) upload, post or transmit any unsolicited or unauthorized advertising, including spam; or
(j) alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Website or App.
If Red Stamp is notified of any of the above violations, Red Stamp may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website and/or App, and whether to suspend and/or terminate your access to the Services. Red Stamp may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website and/or App; and/or (iii) to protect the rights or property of Red Stamp and its officers, directors, employees, affiliates, agents, third-party content providers, merchants, sponsors, and licensors and any other user.
Red Stamp reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, or any rights of Red Stamp. Red Stamp reserves the right to exercise whatever means necessary to prevent unauthorized access to the Services, including, but not exclusive to, technological barriers, IP mapping, and direct contact with your Internet Service Provider ("ISP"). Red Stamp reserves the right to terminate your membership if it determines in its sole discretion that you have engaged in any conduct prohibited by the Terms. Red Stamp may also implement certain technical barriers to prevent banished members from returning to the Website and/or App. Red Stamp shall not assume liability for any action or inaction with respect to any conduct, communication, or content on the Website and/or App.
As part of your limited license to use the Services on this Website and/or App, you may use the Red Stamp Personalization Service to create your own personalized Products and e-cards that may be e-mailed, shared with others, or downloaded and saved by you (all in a locked format to be determined by Red Stamp) that incorporate images and content you submit to the Website and/or App.
4.1 Your Content– Rights and Responsibilities. You may submit to the Website and/or App in connection with the Red Stamp Personalization Service your images and content, including without limitation, photographs, images, text, graphics, visuals, data and other information (collectively “Your Content”). Red Stamp does not claim ownership rights in Your Content uploaded by you for use in connection with the Services and Products provided. In order to enable Red Stamp to display Your Content through the Services and fulfill any orders placed by you, you grant Red Stamp a non-exclusive, royalty-free license to use, copy, distribute and display Your Content solely in connection with the Services you use and/or Products you purchase. You are responsible for all of Your Content that you upload, share or copy using the Services. You must either own all right, title and interest in and to the copyrights in Your Content or have express permission from the copyright owner to copy and use Your Content for all purposes related to the Services and/or Products you purchase. Your Content must not violate or infringe upon the rights (including other intellectual property rights, privacy, publicity or moral rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, shared or copied using the Services.
5.1 General. Red Stamp has the right (but not the obligation) to monitor your use of the Website and/or App for adherence to the Terms. You agree to use Red Stamp solely for lawful purposes. Any conduct by you that, in Red Stamp's sole discretion, restricts or inhibits any other person or entity from using or enjoying the Website, the App, or the Services, will not be permitted and shall entitle Red Stamp to immediately terminate your membership without notice.
5.2 Information provided by You. You agree that any information you provide to Red Stamp is truthful and accurate. You acknowledge that Red Stamp does not pre-screen Your Content or content submitted by users, but that Red Stamp shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is made available to it on the Website and/or App by any user that violates the Terms or is otherwise objectionable. You also acknowledge and agree that Red Stamp may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this OSA; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Red Stamp, its users and the public.
5.4 Red Stamp's Communications with you. You agree that Red Stamp may send electronic mail to you, including but not limited to in-App push notifications, for the purpose of advising you of upcoming events in your calendar, changes or additions to this Website, about any of Red Stamp's Products or Services, or for such other purpose(s) as Red Stamp deems appropriate.
5.5 User Comments, Feedback and Submissions. Red Stamp welcomes comments regarding the Website, the App and Services. However, it is Red Stamp's policy not to accept or consider creative ideas, suggestions or materials other than those specifically requested by Red Stamp. It is our hope that you will understand the intent of this policy is to avoid misunderstandings if projects developed by Red Stamp (or its third party vendors or suppliers) are similar to someone else's creative work. Accordingly, we request that you not send us any such ideas. If, despite our request, you send us comments, feedback, postcards, creative suggestions, ideas, notes, photos, drawings, concepts or other information or submissions (collectively, the "Comments"), the action of sending such Comments to Red Stamp shall constitute an assignment to Red Stamp of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. As such, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Comments. Thus, Red Stamp will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Red Stamp is and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay to user any compensation for any Comments; or (c) respond to any user Comments.
5.6 Copyright Agent. Red Stamp values the intellectual property rights of others. If you believe that your work or Your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Red Stamp's Copyright Agent and provide a description of the copyrighted material that you believe is infringed, including how you believe it was infringed, a URL from the Website where the work appears, and your contact information.
1725 Roe Crest Drive
North Mankato, MN 56003
6.1 Payment Terms. The prices displayed within this Website are quoted in U.S. Dollars. Payment must be made at the time of purchase and on a monthly basis as stated on the Website and/or in the App.
6.2. Apple iTunes Store Purchases. By making an in-app purchase you agree to Apple's terms and conditions for iTunes Store in-app purchases. http://www.apple.com/legal/itunes/volume/jpen/terms.html
6.3. Credit Card Payment. By making a purchase on Red Stamp you agree that you are authorized to use the credit card presented as a method of payment. Prior to the purchase of any products on the Website and/or App, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. If Red Stamp does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Red Stamp or its agents.
6.4 Shipping Terms. Loss or damage that occurs during shipping is not Red Stamp's responsibility. Shipping dates are estimates only.
6.5 Our return policy applies to our Products that are personalized by you and printed by us. In the event Red Stamp makes an error with respect to the Products you order (without any error by you) then you may contact us and we will re-design and/or re-print for you at no additional cost. In the event you make the error, then Red Stamp shall have the right to re-charge you for the requested correction up to the full amount of the initial charge. Your order for Products is subject to cancellation by Red Stamp at its sole discretion; in the event you pay for Products and Red Stamp cancels the order you paid for before you receive it, then Red Stamp will refund to you the dollar amount of the Products paid by you that were cancelled by Red Stamp. In the event you cancel Products after ordering, your payment is non-refundable if Red Stamp has already processed your Product(s) for printing or design.
6.6 Custom Designs. The following terms govern your purchase of any custom Products and Services ("Custom Design"). Custom Design consists of a non-refundable, one-time design and administrative cost associated with the Products plus an on-going monthly subscription cost for ongoing Services. The monthly subscription cost will be automatically debited from your designated account on the on the monthly anniversary of your subscription (for example, if you signed up on the 19th, on the 19th of each month thereafter, the monthly subscription will be automatically debited from your designated account) unless another date is agreed to in writing by the parties. You may cancel your subscription to Custom Design at any time during the month and will not have to pay for future months, but will not be refunded the monthly subscription fee for that month. Once your subscription is canceled, your Custom Design will be removed from the App and Website and can no longer be used by you.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL RED STAMP BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR CONTENT IN THIS WEBSITE OR APP, EVEN IF RED STAMP OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RED STAMP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
THE SERVICES IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RED STAMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RED STAMP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED STAMP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE AND/OR APP, THAT YOUR USE OF THE WEBSITE AND/OR APP IS AT YOUR SOLE RISK, THAT YOU (AND NOT RED STAMP) ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND THAT RED STAMP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
It is our intent to provide the most up-to-date and accurate information available throughout this Website and/or App and in our communications with you, however, there may be occasions where information on Red Stamp contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. Red Stamp reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted.
We have made every effort to display as accurately as possible the colors of our Products that appear on the Website and/or App. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
To the extent that this Website and/or App contain hyperlinks to outside services and resources, the availability and content of which Red Stamp does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. If a third party links to this Website, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Red Stamp. You acknowledge and agree that Red Stamp is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. RED STAMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
Upon request of Red Stamp, you agree to defend, indemnify and hold harmless Red Stamp, its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damages, liabilities, settlement, costs or expense (including legal expenses and the expenses of other professionals) as incurred, resulting from or arising out of any claim in connection to Your Content, your use of the Website or the Services, or from your breach of the Terms. Red Stamp shall have the right to investigate, compromise, and defend any claim alleged against you that relates to this Website, the App, the Terms or the Services offered by Red Stamp. Red Stamp shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of Red Stamp's selection without relieving you of any obligations hereunder. Any final judgment rendered against Red Stamp for any cause of action for which you are liable hereunder shall be conclusive against you as to liability and amount. Your obligations herein shall survive any termination of the Terms.
The Terms are effective unless and until terminated by either you or Red Stamp. You may terminate the Terms at any time by contacting firstname.lastname@example.org; your request must include your account email address and the directive to cancel your account. Red Stamp may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to the Website and/or App, in Red Stamp's sole discretion. Upon any termination of the Terms, the obligations stated in Sections 7, 8, 12, 13, 14 and 15 shall survive. Upon any termination of the Terms by either you or Red Stamp, you must promptly destroy all Content and other materials downloaded or otherwise obtained from this Website, as well as all copies of such Content and other materials, whether made under the terms of the Terms or otherwise.
The Terms and any disputes relating to the Terms, to your visit to the Website and/or App, or to the products purchased through the Red Stamp will be governed and construed in all respects by the internal laws and decisions, other than conflict of laws provisions, of the State of Minnesota, including, without limitation, all matters of construction, validity, enforcement and performance. Any dispute relating in any way to the Terms, to your visit to the Website and/or App, or to the products you purchase through Red Stamp shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Red Stamp's intellectual property rights, Red Stamp may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Red Stamp.
Red Stamp makes no representation that Website, the App, or the Services are appropriate or available for use outside the United States. Those who choose to access this Website and/or App from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
15.2 Severability. If any provision of the Terms shall be held to be invalid or unenforceable in any respect, such provision shall be carried out and enforced to the extent to which it shall be valid and enforceable, and any such invalidity or unenforceability shall not affect any other provision of the Terms, all of which shall be fully carried out and enforced as if such invalid or unenforceable provision had not been set forth herein.
15.3 Assignment. Red Stamp may assign the Terms without your consent.
15.4 Headings. The captions and headings of the Terms are included for ease of reference only and will be disregarded in interpreting or construing the Terms.
15.5 Events Beyond Red Stamp's Control. Red Stamp shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including, without limitation, third party intermediaries to perform, continue, or renew their contractual arrangements with Red Stamp, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of Red Stamp.
15.6 Red Stamp is committed to supporting modern browsers for the best experience when using redstamp.com. We support the following browsers:
This Email Policy (“Policy”) applies to all email and other communications (“Email”) generated or sent through the Website or App provided by Red Stamp. BY GENERATING OR SENDING EMAIL THROUGH THE SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY. RED STAMP MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES IF YOU DO NOT COMPLY WITH THIS POLICY.
Your use of the Services must comply with all applicable Laws. This includes laws applicable to you and also laws applicable to Red Stamp and the recipient of each Email. Examples of applicable laws include, but are not limited to, laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Services and the Emails you generate and send through the Services.
Your use of the Services must follow all applicable guidelines established by Red Stamp and our Email Service Provider. The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through the Services:
If you know of or suspect any violations of this Policy, please notify Red Stamp at email@example.com. Red Stamp may investigate and determine compliance with this Policy in its sole discretion.
The services provided to User under the OEM Terms include certain services developed, provided or maintained by third-party service providers of Red Stamp (“Third Party Providers”). Access to or use of any those services (“Third Party Services”) by User is subject to any separate agreement that User may enter into (or may have entered into) relating to those Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the OEM Terms. Except as set forth in the OEM Terms, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of OEM Terms and that Third Party Service Agreement. All other Third Party Services will be subject to the terms of the OEM Terms. Each Third Party Provider retains all right, title and interest in and to all Third Party Services and all software, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto. Each Third Party Provider will be a beneficiary of the terms of the OEM Term as to the Third Party Services provided by the Third Party Provider and will have all rights necessary to enforce the OEM Terms against User in the case of any breach of those terms.
THE SOLE WARRANTIES REGARDING THE SERVICES PROVIDED UNDER THE OEM TERM ARE THOSE EXPRESS WARRANTIES (IF ANY) PROVIDED TO RED STAMP USER BY RED STAMP UNDER THE OEM TERMS. ALL THIRD PARTY SERVICES ARE PROVIDED BY EACH THIRD PARTY PROVIDER STRICTLY “AS IS” AND “AS AVAILABLE” and ALL THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ALL THIRD PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. THE SERVICES ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR HIGH RISK ACTIVITIES (AS DEFINED BELOW). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RED STAMP OR ANY THIRD PARTY PROVIDER WILL CREATE ANY WARRANTIES BY OR ON BEHALF OF THIRD PARTY PROVIDER.
User agrees to and hereby does indemnify, defend, and hold harmless Red Stamp, its Third Party Providers and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from or relate to any claim or allegation against any Indemnified Party arising from User accessing or using the services provided under the OEM Terms (including any Third Party Services) or from any email or other communication generated or sent through such services or any content contained therein, whether or not in breach of the OEM Terms.
USER AGREES THAT RESPONSIBILITY AND LIABILITY FOR THE SERVICES PROVIDED UNDER THE OEM TERMS IS STRICTLY WITH RED STAMP. NO THIRD PARTY PROVIDER WILL HAVE ANY LIABILITY UNDER THE OEM TERMS OR OTHERWISE IN CONNECTION WITH ANY SERVICES PROVIDED UNDER THE OEM TERMS (INCLUDING THIRD PARTY SERVICES), INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER FORM DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN JURISDICTIONS WHERE THE FOREGOING LIMITATION OF LIABILITY IS NOT PERMITTED, THE LIABILITY OF ANY THIRD PARTY PROVIDER WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NEITHER RED STAMP NOR ANY THIRD PARTY PROVIDER WILL BE LIABLE, AND WILL HAVE NO OBLIGATION TO INDEMNIFY USER, FOR (A) SENSITIVE DATA (AS DEFINED BELOW) SENT TO RED STAMP OR SUCH THIRD PARTY PROVIDER; (B) VIOLATION OF ANY LAW BY RED STAMP OR SUCH THIRD PARTY PROVIDER WHEN ACTING AT USER’S DIRECTION; OR (C) THE SENDING BY RED STAMP OR SUCH THIRD PARTY PROVIDER OF USER’S EMAILS, INCLUDING ANY CLAIMS AGAINST RED STAMP OR SUCH THIRD PARTY PROVIDER DUE TO USER’S SENDING OR DATA COLLECTION PRACTICES OR CONTENT (AS DEFINED BELOW).
User will be responsible for all data, information and other content (“Content”) provided by User in connection with the services provided under the OEM Terms. User will not provide and will not permit any third party to provide or to use the services provided under the OEM Terms to provide, any Content that: (a) infringes, misappropriates or violates any intellectual property or other rights of any third-party; (b) is defamatory, harmful to minors, obscene or child pornographic; (c) contains any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; (d) is false, misleading or inaccurate; or (e) constitutes Sensitive Data. For the purposes of the OEM Terms, “Sensitive Data” means (i) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof), (ii) credit or debit card number, (iii) employment, financial or health information, (iv) ethnic or religious affiliation or sexual orientation, (v) account passwords, (vi) date of birth, (vii) criminal history, (viii) mother’s maiden name or (ix) or any other information or combinations of information that is deemed sensitive under the legal framework of any applicable jurisdiction. User will not use the Service for any high risk activities including, but not limited to, the operation of nuclear facilities, air traffic control, life support systems, emergency services or where the use or failure of the Service could lead to death, personal injury or environmental damage (collectively, “High Risk Activities”). Red Stamp and its Third Party Providers do not intend uses of the Third Party Services to create obligations under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Gramm-Leach-Bliley Act (“GLBA”) or similar laws and makes no representations that such Third Party Services satisfy the requirements of such laws. If User is (or becomes) a Covered Entity or Business Associate (as defined in HIPAA) or a Financial Institution (as defined in GLBA), User agrees not to use the Third Party Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) or Nonpublic Personal Information (as defined in GLBA). User acknowledges that email is an insecure medium that is generally not encrypted in transit, and security of information transmitted through the Internet can never be guaranteed. Red Stamp and its Third Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. Red Stamp and its Third Party Providers may take remedial action if any Content violates this Section, however Red Stamp and its Third Party Providers are under no obligation to review any Content for accuracy or potential liability.
User grants to Red Stamp and its Third Party Providers all necessary rights and licenses in and to all Content necessary for Red Stamp and its Third Party Providers to provide the services under the OEM Terms. User will maintain an adequate back-up of all Content and Red Stamp and its Third Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of any Content. User represents and warrants that User has all necessary right, title, interest and consent necessary to allow Red Stamp and its Third Party Providers to use all Content as set forth in the OEM Terms and as otherwise necessary to provide the services under the OEM Terms.