TWO CLEVER MARKETING

Download Terms Of Service

 
Your purchase is subject to our Terms of service. By placing your order, you AGREE to the Terms of Service below. If you disagree in any way with our Terms of Service, you may cancel without obligation within 2 business days from receipt of invoice. Remission of payment conclusively establishes your acceptance of terms.

 Terms of Service

1. You are 100% responsible for the accuracy of your layouts. Please proofread all layout proofs carefully. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for backside layouts.

2. All postcards are "gang printed." Two Clever Advertising will reproduce color from submitted photos as closely as possible, but cannot exactly match color and density because of limitations in the printing process. The accuracy of each color reproduction is guaranteed to be within 85-90% of the original image you submitted. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.

3. No refunds are given once we begin your order, which means we have received your necessary materials (images or digital files and/or payment) and started work on your job. No partial refunds given for work not completed. All jobs are prepaid in full.

4. Quoted Turnaround Times start only after all materials necessary to complete your order have been received. Completion of your job within our regular Turnaround Time is pursuant to receipt of your signed layout/final approval. Expected delivery date and Turnaround Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, bad weather, etc. 

5. All materials we create in producing your postcard are the property of Two Clever Advertising. This includes typeset layouts and color scans. We reserve the right to distribute free samples of your postcard. By placing your order, you consent for your image to be used in any national advertising.

6. You certify that you own the rights to use your personal image(s) being reproduced on your postcard. DO NOT send any "one-of-kind" prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

7. When using our Mailing Services, Two Clever Advertising shall be liable to rectify errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the work performed. In no case is Two Clever Advertising liable for loss of business or implied damages. Two Clever Advertising's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. Two Clever Advertising shall not be liable for the performance failures or delivery delays of USPS. UPS, DHL or Fedex.

Customer's mailing list(s), while in the possession of Two Clever Advertising, is the exclusive property of the customer and shall be used only with customer's instructions. Customer's mailing list(s) will not be sold or offered for use to any other party, and Two Clever Advertising will not utilize the list for any other purpose.

Terms and Conditions of Use/Website
Two Clever Advertising provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at www.twoclever.com or any other web sites (collectively, the "Site") operated by ClaraCom, Inc., Inc. d/b/a Two Clever Advertising, you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.

1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Two Clever Advertising. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Two Clever Advertising without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Two Clever Advertising's name or trademarks without the express written consent of Two Clever Advertising. Any unauthorized use terminates the license granted by Two Clever Advertising. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TwoClever.com so long as the link does not portray Two Clever Advertising, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Two Clever Advertising logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Uses

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Two Clever Advertising employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring
Two Clever Advertising does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Two Clever Advertising does sell products for children. If you are under 18, you may use twoclever.com only with involvement of a parent or guardian. Two Clever Advertising reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Two Clever Advertising has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, Two Clever Advertising reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Two Clever Advertising, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.

If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Two Clever Advertising for all claims resulting from content you supply. We reserve the right to distribute free samples of your postcard.

4. Privacy
Your use of the Site constitutes your consent to Two Clever Advertising's privacy policy posted at twoclever.com which is updated from time to time.

5. Copyright Ownership
All content developed by Two Clever, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Two Clever Advertising or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Two Clever Advertising and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets. Licensee must retain and display the copyright symbol, the name of Two Clever, company phone number and any other information otherwise contained on the design side of the original Advertising Media (e.g., the opposite side of the address label).

6. Trademark Ownership
Two Clever Advertising®, CleverCards, Custom CleverCards and other related trademarks and service marks are the property of Two Clever Advertising and are protected by United States and international trademark law. They may not be used without the written permission from Two Clever Advertising and all rights are reserved.

7. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Two Clever Advertising has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Two Clever Advertising is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Two Clever Advertising reserves the right to terminate any link at any time.

8. Purchases
All items purchased from Two Clever Advertising are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

9. Disclaimer and Limitation of Damages

(a) Two Clever Advertising is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Two Clever Advertising makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Two Clever Advertising, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions. In event shall Licensor be responsible for damages to Licensee exceeding the amount received by Licensor from Licensee.

(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Two Clever Advertising reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither Two Clever Advertising nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

(e) Licensee acknowledges that the Advertising Media may consist, in whole or in part, of public domain and licensed works.  Licensor makes no representation or warranty that any Advertising Media is unique or that any Advertising Media is not similar to other works or advertising.  Licensee’s approval of the Advertising Media constitutes Licensee’s acceptance of the Advertising Media as is and waives any issue as to the uniqueness, format, quality or composition of such Advertising Media. Licensee warrants that it has the right to use as intended any materials it submits to Licensor for use

 (f) Licensee acknowledges that the results of advertising are not guaranteed and various factors may influence the results of an advertising campaign positively or negatively. Although the effectiveness of an advertising campaign may depend in part upon its timeliness, Licensor is not responsible for the consequences of any delay, regardless of cause, and specifically disclaims any responsibility to ensure that mail is timely delivered.

10. Indemnification
You agree to indemnify and hold Two Clever Advertising and its parent company, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees,  arising out of any breach of this Agreement, or by any third party. In the event that the Licensee requests Licensor to store the Advertising Media, the Licensee agrees that any damage to or loss of the Advertising Media during storage or transport shall be the sole responsibility of the Licensee and the Licensee will hold Two Clever and its officers and agents harmless from any liability, damages, or replacement costs.

11. Choice of Law and Disputes
Two Clever Advertising operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Two Clever Advertising to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein.

The parties agree that the exclusive jurisdiction and venue for any claim, controversy, or dispute between the parties arising out of or in connection with this Agreement or with the transactions or business contemplated herein, shall be in the courts located in Los Angeles County, California, and the parties further stipulate and agree that any such claim, controversy or dispute shall be heard by a referee appointed pursuant to California Code of Civil Procedure section 638 to hear and determine each, every, and all of the issues, whether of fact or of law, and to report a statement of decision. Notwithstanding the foregoing, Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Licensor, such action is necessary or desirable. This Agreement shall be interpreted according to the laws of the State of California, without regard to the choice of law provisions thereof. In the event of the litigation of any claim, controversy or dispute between the parties arising out of or in connection with this Agreement or with the transactions or business contemplated herein, the prevailing party shall be entitled to its reasonable attorney fees and costs, in addition to any other remedy otherwise provided.