You agree to this Privacy Policy and our User Agreement by downloading or using Letterbird.
You may not download or use Letterbird if you are under the age of thirteen. We do not intentionally collect or keep information about children under the age of thirteen. You must have your parent or guardian read and agree to our Privacy Policy and User Agreement if you are between the ages of 13 and 17.
General
You agree to receive commercial email, text, sms, and other messages from us, and you authorize us to use your email address, phone number, and other personal information to send commercial messages to you. You will not be able to opt out of receiving these communications as part of your Letterbird subscription.
At any time, we reserve the right to modify these User Agreement. It is your responsibility to stay informed about any such changes. Your only option is to delete your account if you disagree with any of the User Agreement or any subsequent changes, or if you become dissatisfied with Letterbird in any way. You agree to the revisions if you continue to use Letterbird after we post revised User Agreement.
Conduct on Letterbird
You should not:
Upload or transmit any content (as defined below) that is unlawful, threatening, abusive, obscene, violent, patently offensive, invasive of another’s privacy, promotes racism, bigotry, hatred, or harm (including self-harm) or is otherwise objectionable;
Images containing nudity, weapons, violence, or drugs should not be uploaded or transmitted.
Harassment, stalking, or other forms of harassment;
Impersonate another person or entity, or misrepresent your relationship with them (this includes pretending to be a minor when you aren’t);
Upload or transmit any content that you don’t have permission to share, or that infringes on anyone’s patent, trademark, trade secret, copyright, privacy, or other proprietary rights;
Upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation, or offer any contest, giveaway, or sweepstakes;
Use any data mining, robots, or similar data gathering or extraction methods, or upload or transmit software viruses or any other harmful computer code, files, or programs;
Disrupt or place an unreasonable burden on Letterbird (or another person’s use of Letterbird) or Letterbird-connected networks, or breach or attempt to breach Letterbird’s security;
Automatically, systematically, or programmatically create accounts or post content.
Letterbird can not be used in conjunction with any commercial endeavor. Without our express prior approval, companies and other organizations may not join Letterbird or use Letterbird.
You should
Always remember to log off of Letterbird at the end of each session and keep your password private and secure.
You are solely responsible and liable for your interactions with other users. We reserve the right, but not the obligation, to monitor disputes between you and other users.
You may only use Letterbird for your personal use and not for any other purpose.
We reserve the right to investigate any suspected unauthorized uses of Letterbird and to take appropriate action, including but not limited to seeking legal, civil, criminal, or injunctive relief, in our sole discretion.
We may establish general policies and limits for Letterbird use, such as the number of days we keep content, the number and size of posts and messages you can send or receive, and the amount of space we allocate on our servers for your use. We accept no responsibility or liability for any messages, other communications, or other content that is deleted or not stored. Accounts that have been inactive for a long time may be terminated.
These guidelines are not exhaustive, and we reserve the right to make any and all judgements about their applicability – in letter or spirit – in our sole and absolute discretion.
No Spam Policy
On Letterbird, you are not permitted to engage in any spam-related activity. Violations of this policy may result in immediate service termination and legal action being taken against the spammer. As a result, you are not permitted to upload, post, email, transmit, or otherwise make available on Letterbird any junk mail, commercial advertisements, or any other form of commercial solicitation. Violations of this policy may result in civil and criminal penalties for you or your agents.
Safety and Security
We do not currently conduct criminal background screenings for our members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. You hereby authorize any such check by agreeing to these User Agreement.
If you are under the age of 18, we recommend that you discuss online safety concerns with your parent(s) or guardian(s) for all of your social media accounts, including your Letterbird account.
Content
All data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, messages, or other materials of any kind, whether publicly posted or privately transmitted, are referred to as content. You are solely responsible for your content. You certify that you own or have the necessary licenses, rights, consents, and permissions to publish all of your content. We are not responsible for any content you upload or transmit on Letterbird, except as stated in our Privacy Policy. We have no control over the posted content, including its accuracy, integrity, quality, or any other aspect. We are not responsible for any content, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of using any content.
We do not claim ownership of your content, but you hereby grant us a perpetual, assignable, worldwide, royalty-free, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, combine, synchronize, create derivative works from, publicly perform and publicly display such content (including your user name and likeness) on Letterbird or for any promotional and other commercial purpose, whether by us, our partners, or other third parties. We are under no obligation to compensate you for your feedback, comments, or suggestions. Even if your account is terminated, we may continue to use and make available any and all content, and we will retain all of these rights.
You acknowledge and agree that while we do not guarantee that we will screen content, we do have the authority to do so. We reserve the right to remove any content that we deem to be in violation of the User Agreement or otherwise objectionable. You accept responsibility for your use of any content, including but not limited to your reliance on its accuracy, completeness, or usefulness.
Any content on Letterbird that is not yours may not be reproduced, republished, further distributed, or publicly displayed.
Virtual Currency and Subscriptions
Virtual Currency:
You do not own virtual currency (Coins) when you buy it. Instead, you’ll get a limited license to use them on Letterbird for eligible services and products like envelopes, stamps, avatars, postcards, and buying virtual gifts for other users.
Coin purchases are non-refundable and non-transferable, even if they expire, are revoked, or are no longer available. We reserve the right to change the price of coins as well as the ways you can use them at any time. We reserve the right to revoke or stop issuing coins at any time, with or without notice, refund, or compensation, as well as to set coin expiration dates. Coins cannot be exchanged for cash or any other monetary value. You will lose all accumulated coins if you delete your account or it is terminated for any reason. There will be no refund or other compensation. You agree that we will not be liable to you if we exercise our rights in relation to coins.
Coins purchased by any user are not property and cannot be transferred.
Subscriptions:
To unlock additional app features and services, you can purchase a subscription product (Letterbird Premium). When you confirm your purchase for any mobile subscription, payment will be charged to your Apple App Store or Google Play Store account. Unless you turn off the auto-renew feature at least 24 hours before the end of your current subscription, your subscription will automatically renew. This is due to the possibility of your account being charged for renewal within 24 hours of the end of your current subscription period. By going to your iTunes or Google account settings, you can manage your subscription and turn off auto-renewal. During the subscription period, you cannot cancel your current subscription, but you can cancel automatic renewal at any time.
Subscription purchases are non-refundable and non-transferable, even if they expire or are no longer available. We reserve the right to change the price of subscriptions as well as the features included in subscriptions at any time. We reserve the right to stop issuing subscriptions and set subscription expiration dates at any time. Subscriptions are not redeemable for cash or any other monetary value. You will lose all unused subscription time if you delete your account or it is terminated for any reason. There will be no refund or other compensation.
Our Proprietary Rights
Letterbird and the software used in connection with Letterbird contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access Letterbird by any means other than through an interfaces we provide.
We May Contact You
You agree that we may communicate with you via email, text messaging, phone, or other means; we will usually communicate with you about administrative, security, and other Letterbird-related issues. You will not be able to opt out of receiving these communications because they are a condition of using Letterbird. You may, however, block all communication from us by deleting your Letterbird account.
Availability of Service
We may at any time and from time to time modify, restrict or discontinue Letterbird or any part of Letterbird, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of Letterbird.
We may without prior warning or subsequent notice terminate your account and access to Letterbird for any or no reason. We may decide to terminate your account for a number of different reasons, including without limitation:
If you violate or fail to comply with the User Agreement, the Privacy Policy or other related agreements or guidelines;
If you provide false information during registration or in your profile;
If you do not use Letterbird for an extended period of time;
By request of law enforcement or other government agencies;
For discontinuance or changes made to Letterbird or any part thereof;
Technical or security issues or problems;
We will make all termination decisions in our sole discretion and we will not be liable to you or any third party for any termination of your account or access to your content or Letterbird.
Third Party Links
Letterbird may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third-Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third-Party Platform (e.g., Facebook’s User Agreement, iTunes Store User Agreement, etc.).
Disclaimer of Warranties
You use Letterbird at your sole risk. We provide Letterbird on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from or through us shall create any warranty not expressly stated in the User Agreement.
We do not guarantee that Letterbird will always be safe, secure or error-free or that Letterbird will always function without disruptions, delays or imperfections. We make no warranty that:
Letterbird will meet your requirements;
Letterbird will be uninterrupted, timely, secure, or error-free;
The results that may be obtained from your use of Letterbird will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained through Letterbird will meet your expectations;
Any errors in the software will be corrected;
Any material downloaded or otherwise obtained through Letterbird is done at your own discretion and risk. You will be solely responsible for any damage to your or others’ device or computer or loss of data that results, directly or indirectly, from the download of any such material.
Limitation of Liability
You acknowledge and agree that we cannot control the conduct of Letterbird users and therefore cannot be responsible for any harm they may cause. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You expressly agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangibles (even if we have been advised of the possibility of such damages), and including without limitation resulting from:
The use or the inability to use Letterbird;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Letterbird;
Unauthorized access to or alteration of your content, transmissions or data;
Statements or conduct of any third party on Letterbird;
Any other matter relating to Letterbird.
Other users of Letterbird with whom you associate, connect, interact and/or share content could use your content and/or likeness in a manner you dislike, disapprove of or otherwise find offensive. However, you agree not to assert any claims, actions or demands against us in connection with such use or activities, whether such use or activities are authorized by these User Agreement or not.
We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Letterbird. We are not responsible for the conduct, whether online or offline or any user of Letterbird.
We are not liable for any lost or deleted information or data, whether intentional or unintentional nor for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above warranty limitations may not apply to you. In such cases, our warranties and liability will be limited to the fullest extent permitted by applicable law.
Indemnity
All the actions you make and information you post on Letterbird remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
Any negligent acts, omissions or wilful misconduct by you;
Your access to and use of the App;
The uploading or submission of content to the App by you;
Any breach of these User Agreement by you; and/or
Your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
Claims of Copyright or Other Intellectual Property Infringement
We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please provide claims of copyright or other intellectual property infringement to us at [email protected]. We will consider the information you provide and other information we may obtain, and we may remove content that we determine may infringe on your rights in our sole discretion.
Miscellaneous
You may not use Letterbird where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. Our failure or delay to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these User Agreement. The other provisions of the User Agreement shall remain in full force and effect.
Language
These User Agreement were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
Deleting Your Account
You can delete your account at any time by contacting with us via [email protected] Your account will be deactivated immediately, but your content (defined below) may take some time to be completely removed from the app and our servers. We reserve the right to terminate or suspend any account, or to use any operational, technological, legal, or other means available to enforce the terms (including, without limitation, blocking specific IP addresses), at any time, without liability or prior notice to you.
Our Contact Information
If you have questions regarding these User Agreement, please contact us via [email protected]
Updated as of July 01, 2022