1. ACCEPTANCE OF TERMS
This website ("Site") is a service of Tripletz, LLC. Tripletz™ provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing this Site on the Internet or World Wide Web and using this Site, you are agreeing to comply with and be bound by the Terms. In addition, when using particular Tripletz™ services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.
 
2. DESCRIPTION OF SERVICE
Tripletz™ sells paper products including cards, postcards, invitations, and announcements on-line. Additionally, Tripletz™ offers various services relating to the printing, purchase and mailing of such (collectively, the "Service"). Unless specifically stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms and Conditions.
 
3. USE OF SITE.
3.1 Proprietary Rights.
The Site contains information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Tripletz™ or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Tripletz™ logos and product and service names are trademarks of Tripletz, LLC (Tripletz™ Logo Marks). You agree not to display or use the Tripletz™ Logo Marks in any manner, without Tripletz, LLC's written permission.
 
3.2 No Framing.
You agree not to "frame" or "mirror" any Content or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Tripletz, LLC.
 
3.3 Online Conduct.
Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:
 
(a) upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable at Touchpoint's sole discretion;

(b) harm minors in any way;

(c) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

 
3.4 Use of Content.
Tripletz™ grants permission to access and view the Site and to electronically copy and print in hard copy portions of the Site for the sole purpose of submitting an order. Any other use of the Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.

 4. DISCLAIMER.
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TOUCHPOINT IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, Tripletz™ EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, Tripletz™ SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Tripletz™ NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
 
5. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER Tripletz™ NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM Tripletz™ OR THE SITE, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO Tripletz™ RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.
 
6. INDEMNIFICATIONIABILITY.
YOU AGREE TO INDEMNIFY AND HOLD Tripletz™, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
 
7. APPLICABLE LAW.
The Site (excluding linked sites, see Paragraph 7, below) is controlled by Tripletz, LLC from its offices within the State of Rhode Island and Providence Plantations, United States of America. Since it can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Rhode Island, by accessing the Site both you and Tripletz, LLC agree that the statutes and laws of the state of Rhode Island, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the site and its contents. Tripletz, LLC makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States.
 
8. LINKS TO OTHER WEBSITES AND SERVICES.
The Site may from time to time contain links to other sites. The linked sites are not under the control of Tripletz™ and Tripletz™ is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Tripletz™ reserves the right to terminate any link or linking program at any time. Tripletz™ is providing these links to you only as a convenience. Tripletz™ does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
 
9. SECURITY RULES.
You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
 
10. SPECIAL LEGAL CONSIDERATIONS.
You must possess the legal right and ability to use the Site. Without limiting the foregoing, you agree to be financially responsible for any order(s) you place on or in connection with the Site. You also acknowledge that the Content may not be suitable for all visitors and you agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portion(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site (e.g. any applicable rules and or policies of your employer or Internet Service Provider). Not withstanding any other provision of the Terms to the contrary, Tripletz™ reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Tripletz™ to law enforcement authorities or other relevant or related third parties. Tripletz™ RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ON-LINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.
 
11. GENERAL.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Tripletz™ 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 Tripletz™ in writing. The Terms comprises the entire agreement between you and Tripletz™ and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms, Tripletz™ reserves the right to terminate Service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused Services, if applicable.
 
12. YOUR COPYRIGHTS.
Tripletz™ respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this site or our services, please contact our agent for notice of claims of copyright infringement, our CEO, who can be reached at CEO@tripletz.com, or at Tripletz, LLC, 365 Hope Streeet, Providence, RI 02906, phone, 401/339-3337, fax 401/274-0711. You must provide our agent with the following information, which Tripletz, LLC may then forward to the alleged infringer:
• Describe the copyrighted work that you believe has been infringed;
• Identify the material on Tripletz™ site or other medium that you believe infringes your work, with enough detail so that we may locate it;
• Provide your address, telephone number, and email address;
• Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Declare under penalty of perjury that
a the information you have provided to us is accurate, and
b you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner;
• Provide your physical or electronic signature.

Upon receiving your complaint, Tripletz™ may remove content that you believe infringes your copyright. In addition, Tripletz™ may terminate the account of the member who appears to be infringing your intellectual property rights.

TRIPLETZ™ GREETING CARD DESIGN CONTEST SUBMISSION TERMS AND CONDITIONS

IMPORTANT READ CAREFULLY: These Tripletz™ Greeting Card Design Contest Submission Terms and Conditions ("Submission Terms") constitute a valid and binding agreement between you (either an individual or a single entity, referenced herein as “You” or “Your”) and Tripletz, LLC, 365 Hope Street, Providence, RI (“Tripletz”) with respect to Your submission of greeting card artwork and related designs (“Designs”) hereunder.  By clicking on the "Accept" button below and submitting Your Design, You agree to be bound by the these Submission Terms. IF YOU DO NOT AGREE TO THE SUBMISSION TERMS, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT SUBMIT YOUR DESIGN. YOU AGREE AND ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY DESIGN HEREBY CONFIRMS THAT YOU HAVE READ THESE SUBMISSION TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM ACCORDINGLY.

1. Grant of Rights. You give and grant to Tripletz a worldwide, transferable, exclusive license to use, reproduce and exploit all Designs, (i) in all media and types of advertising and promotion of Tripletz and Tripletz™ greeting cards in whatever form, including use on Tripletz’ website; and (ii) for commercial sale on Tripletz™ greeting cards, including use, reproduction and exploitation of the Design in the preparation, design and production of the Tripletz™ greeting card line. Tripletz shall have the unlimited right to exploit the Designs as it sees fit in its advertising, promotion and sale of Tripletz™ greeting cards, including the right to alter or rearrange the Designs.
2. Ownership & Restrictions.  You shall retain ownership of the Design. You may display or archive the Design in a portfolio or personal collection, but You may not (i) sell or reproduce the Design for other commercial purposes for a period of ninety (90) days after Your Design has been submitted and reviewed by Tripletz (“Holding Period”); and (ii) submit the Design to others for review during the Holding Period.   Notwithstanding the foregoing, You may not sell or reproduce the Design for commercial purposes or other use or reproduction whatsoever in the greeting card industry if we select Your Design for use. Additionally, if Your Design is selected, Tripletz may chose to register the Design with the U.S. Copyright Office in its sole discretion, in which case the registration shall list You as the primary copyright owner, with Tripletz being listed as an additional copyright claimant.  
3. Selection and Consideration. Once the Holding Period has passed, if the Design was not chosen by Tripletz for use, You are free to use the Design for other commercial purposes, subject to Your prior written notification to Tripletz of Your intentions and Tripletz’ acknowledgement and removal of the Design from its’ website. If Your Design is chosen by Tripletz for use in the Tripletz™ greeting cards portfolio, Tripletz will include the Design in its portfolio for a period of up to one (1) year.  For every one hundred and eleven (111) Sets (defined hereafter) sold by Tripletz, You shall be paid a fee of one hundred and eleven dollars ($111.00). A “Set” shall mean 3 Tripletz greeting cards utilizing the Design. If You fail to comply with the provisions of these Submission Terms at any time, Tripletz may eliminate Your design from consideration without notice.  All decisions of Tripletz are final and binding. Tripletz reserves the right to reject and not pay for Designs not delivered in accordance with the specifications of these Submission Terms, including timely delivery which is of the essence.
4. Your Warranty. You represent and warrant that: (a) the Design is Your original work and has not been previously published or exploited for commercial puposes; (b) the Design does not contain any trademarks, logos, copyrighted works or intellectual property of any third parties, and no third party has claimed or has any rights in, to, or arising out of, the Designs supplied hereunder; (c) the Designs do not contain any profane or offensive material; (d) You have full right and power to enter into this agreement; and (e) that all models and any other living persons, or the representatives of any deceased persons whose names or likenesses are used in the Designs, and the owner of any unique or unusual inanimate objects which are used in the Designs, have executed releases allowing unlimited use by Tripletz (You shall supply Tripletz with copies of said releases with the Designs).
5. Indemnity; Limitation of Liability. You agree to defend, indemnify and to hold Tripletz, its officers, employees, directors, affiliates, agents and its respective assigns and licensees, harmless from and against any claims, loss, damage or expense, including court costs and reasonable attorneys' fees, that Tripletz its officers, employees, directors, affiliates, agents and its assigns and licensees may incur or suffer as a result of a breach or alleged breach of the foregoing warranties or as a result of claims or actions of any kind or nature resulting from the use in any manner of the Designs. TRIPLETZ WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THESE SUBMISSION TERMS AND/OR THE TRIPLETZ™ GREETING CARD DESIGN CONTEST, EVEN IF TRIPLETZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TRIPLETZ’ AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE SUBMISSION TERMS AND/OR THE TRIPLETZ™ GREETING CARD DESIGN CONTEST WILL NOT EXCEED THE FEES PAID FOR THE DESIGN HEREUNDER, IF ANY.
6. Severability; Entire Agreement; Amendments; Termination. If any provision of these Submission Terms is adjudged by any court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent possible and necessary to preserve the original intentions of the parties, and the validity or enforceability of the remaining provisions of these Submission Terms shall not in any way be affected or impaired thereby. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. No waiver, modification or addition to this agreement shall be valid unless in writing and signed by the parties thereto. These Submission Terms may be modified or terminated at any time by Tripletz upon notice.
7. Confidentiality. Each of the parties agree that all Tripletz information including, without limitation, the terms of the Tripletz™ Greeting Card Design Contest, business and financial information, customer and vendor lists, and advertising materials, ideas, plans, techniques, products, pricing and sales information (“Confidential Information”), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of the Tripletz™ Greeting Card Design Contest except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not having any obligation of confidentiality to the discloser hereunder. You covenant and agree that You will not disseminate, reveal or otherwise make available to others, or use for Your own purposes, any Confidential Information learned by You in the course of fulfilling these Submission Terms.
8. Governing Law and Assignment. These Submission Terms will be governed by the laws of the United States and the State of Rhode Island, without reference to rules governing choice of laws.  Any action relating hereto must be brought in the federal or state court located in Rhode Island and You irrevocably consent to the jurisdiction of such courts.  You may not assign this agreement or rights hereunder by operation of law or otherwise, without Tripletz’ prior written consent.