Terms

PERSONAL INFORMATION: KyteSketch.com collects User's ("User", "Your", "You") information such as name, sex, age, user name, password E-mail address, physical/mailing address, ID numbers given by user or by a relationship established between user's organization and KyteSketch.com, IP addresses, and type of computer. KyteSketch.com respects personal information and content captured both in text, video and audio format on KyteSketch.com's web properties, computers and servers of its users. At any time, users have the ability to log on to their personal account and correct standard user information such as password, email address, mailing address or cancel their account.

PROPRIETARY RIGHTS: You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, video, inmate mail such as letters or other material contained or distributed on or through the web site, by KyteSketch.com, is protected by trademarks, copyrights, or other proprietary rights and laws. You may not use or allocate any content received through the site without the authorization of KyteSketch.com or the content owner. You retain all ownership rights to your content submitted to KyteSketch.com. By submitting content to the site, you grant KyteSketch.com a nonexclusive, transferable license to reproduce, replicate, modify, publicly display, and dispense your content.

KyteSketch.com and associated KyteSketch.com logos and the phrase "Postcards for the Pen" is protected under US law and are proprietary KyteSketch.com. No proprietary marks, logos or parts of the KyteSketch.com site may be used without prior written consent of KyteSketch.com.

PURCHASING AND BILLING: PayPal, and a bank savings or checking account will be accepted. Acceptable payment methods are subject to change at any time. Customers must include correct information. All illustrated/inspirational postcards will be shipped to the sender.

2. Product Purchase: Sales tax shall apply to postcard purchases where the delivery address for such purchase is in the state of Georgia. All items purchased from KyteSketch.com are made pursuant to a shipment contract address and state I.D. number the customer has on file for the inmate) when enrolling in the service. Providing incorrect information may cause delays in establishing service. Information received in connection with purchases will be treated in accordance with KyteSketch.com’s Privacy Policy.

1. Postcard Purchase: The minimum purchase is $1.00 for all custom/personalized postcards and $1.00 for all illustrated/inspirational postcards. A maximum purchase and balance exists and is controlled by the offering/program/plan/subscription you select. The risk of loss and title for such items pass to you upon our delivery to our carrier.

SERVICE INTERFERENCE: User agrees to Code of Conduct of Department of Correctional Services guidance, rules and/or regulations associated with their offering/program/plan/subscription. Data will be available to all necessary parties for help in determining violation of rules and regulations of the Department of Correctional Services guideline infractions. KyteSketch.com will only intervene if the content and/or user activity is illegal and/or upon the request of associated Department of Correctional Services or user.

OUR COMMUNICATION: Time to time KyteSketch.com will contact our users via email, phone, US mail. KyteSketch.com knows it is important to respect our user's time and relationship with us however we will time to time have information about your account that may be of interest to the user or to inform you to a change in your account.

COOKIES: KyteSketch.com may use cookies to help with navigation of our site. Cookies allow KyteSketch.com to identify new users from established users to help us fine tune our website. No personal information is stored in the cookie. You may disable or set your computer to alert you to the installation of a cookie but will hinder your experience using our site.

PROMOTIONAL TERMS: Some offerings/programs/plans/subscriptions include a promotional offer. If the offering/program/plan/subscription that you select includes a promotional offer (for example, a free postcard or free shipping), you are limited to one such promotional offer, which may consist of a single or multiple items. After registration, KyteSketch.com may send you an E-mail, prompting you to have a promotional item sent to you. The promotional offer that you have received may not be combined with any other offer or promotion, and is not transferable and cannot be exchanged or redeemed for cash. Limit: one (1) promotional offer per customer.

FREE POSTAGE OFFERS: Free postage offers that you may earn in any KyteSketch.com promotion will be granted and shall expire pursuant to the terms of that applicable promotion. Under no circumstances will you be entitled to a credit, cash refund, or other reimbursement for unused or expired free postage.

TERMINATION TERMS: So long as you have at least one month remaining in your account, postcards not used will be refunded in accordance with our procedure to refund the balance of remaining postcard(s). You may also request an immediate refund of your subscription's balance when you call to end your account.

OTHER CUSTOMER PROCEEDINGS: CHANGE IN BILLING, PRICES/PROMOTIONS AND POLICIES: KyteSketch.com may change billing procedures prices/promotions and/or policies at any time or from time to time without advance notice. All such changes will be posted on the KyteSketch.com website, and customers' continued use of the KyteSketch.com website and/or service constitutes their affirmation that they have read and understood such notices and agree to the terms contained therein.

OTHER CIRCUMSTANCES: Use of the KyteSketch.com service is subject to the terms and conditions of an end-user license agreement that will be agreed to as part of the registration process. The KyteSketch.com service may not be used in violation of any law or in any way that interferes unreasonably with others' use of the service. All transactions originating from a customer's account are the responsibility of such customer. By completing the registration process for the KyteSketch.com service, the customer agrees to pay all fees in accordance with the terms of the service plan selected by the customer. If a customer changes service plans, the customer agrees to be bound by the payment terms of the new plan.

You acknowledge and agree that the virtual postcard account ("Postcard Account") that you will acquire through the use of KyteSketch.com software is subject to rules and conditions established by the Department of Correctional Services policies. In addition, you acknowledge your understanding of the fact that if the Postcard Account is used in any fraudulent or unlawful scheme or enterprises, or if you fail to exercise sufficient control over the use of the Postcard Account to preclude its unlawful or improper use, or if you otherwise fail to abide by the provisions of correctional regulations and this Agreement regarding care and use of the Postcard Account, that this Agreement and any related Postcard Account may be revoked.

LIMITATION OF LIABILITY: KyteSketch.com is not liability related to technical errors, data captured or outcome of your offering/program/plan/subscription arising out of use of our services shall not exceed the cost of the services.

INDEMNITY: User agrees to indemnify KyteSketch.com and affiliates liable for use of our services, the outcomes associated with it including but not limited to shipping, users' acceptance of our therapeutic justice service, and loss of wages/monies, legal fees filed by you or on your behalf.

COPPA: In compliance with the Child Online Privacy Protection Act, KyteSketch.com does not actively recruit users or allow the collection of identifiable data of users if under the age of 13 years old.

From time to time, KyteSketch.com will update our terms and conditions. Please feel free to contact us with any questions you may have about seen changes.

LEGAL DISCLAIMER: THE KYTESKETCH.COM WEBSITE, THE KYTESKETCH.COM SERVICE, ANY SITE LINKS AND ALL OTHER DOCUMENTATION AND SERVICES ARE PROVIDED BY KYTESKETCH.COM "AS IS". KYTESKETCH.COM MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND KYTESKETCH.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KYTESKETCH.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE KYTESKETCH.COM WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT KYTESKETCH.COM PRODUCTS AND SERVICES WILL BE AVAILABLE FOR PURCHASE FROM THE KYTESKETCH.COM WEBSITE.

KYTESKETCH.COM SHALL NOT BE LIABLE FOR THE LOSS OF USE OF ANY PRODUCT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR ANY OTHER INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

JURISDICTION AND VENUE: Any legal action brought against KyteSketch.com shall be governed by the laws of the State of Georgia without regard to its conflict of law principles. The sole jurisdiction and venue for any litigation arising from the use of the KyteSketch.com websites or service shall be an appropriate federal or state court located in Henry County, Georgia.