Terms of Service                                                                                                                                                                                                                                                    Last Updated February 11, 2019

These NEWOLDSTAMP Services Terms and Conditions (“Terms”) govern access to and use of the NEWOLDSTAMP (NEWOLDSTAMP “we” or “us”) web sites (the “Site”) and services by individuals or entities who purchase or obtain services (collectively, “NEWOLDSTAMP Services”) or create an account (“Account”) and their Authorized Users (collectively, “Customers”).

GENERAL TERMS. NEWOLDSTAMP provides Services through our websites which include various services available on this Site including, but not limited to, HTML email signature,  analytics of views and advertising via banners, etc.

By using the Site or any NEWOLDSTAMP Services, you as the Customer accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Customer is each an individual natural person, whether an employee, business partner, contractor or agent of a Customer who is registered or permitted by Customer to use the NEWOLDSTAMP Services subject to these Terms and up to any maximum number of users or uses specified at the time of purchase.

Customers may be referred to in these Terms as “you” and “your” as applicable.

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

By accessing, using, or downloading any related to the services materials from the Site, you agree to follow and be bound by these Terms. If you do not agree to these Terms, you are not authorized and must cease using the Site or its derivative products immediately. 

DATA GENERALLY. You shall be responsible for data that you provide or use in NEWOLDSTAMP Services. You are solely responsible for determining the suitability of the NEWOLDSTAMP Services for yourself, your business or organization and complying with any regulations, laws, or conventions applicable to the data you provide, and your use of the NEWOLDSTAMP Services and Site.

NOTICES AND UPDATES. We may revise these Terms or any additional terms and conditions which are relevant to NEWOLDSTAMP Service from time-to-time to reflect changes in the law or to the NEWOLDSTAMP Services. We will post the revised Terms on the Site with a “last updated” date. Please review the Site on a regular basis to obtain timely notice of any revisions. If you continue to use the NEWOLDSTAMP services after the revisions take effect, you agree to be bound by the revised Terms. You agree that we shall not be liable to you or to any third party for any modification of the Terms.

You agree to receive electronically all communications, agreements, and notices that we provide in connection with any NEWOLDSTAMP Services (“Notices”), including by e-mail, text, or by posting them on the Site or through any NEWOLDSTAMP Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such Notices shall be in writing and you agree to keep your Account contact information current.

Usage and access rights. Eligibility to Use. You represent and warrant that you are: (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms; and (b) you (or your Authorized Users, as applicable) are not and will not when using the Site be located in, under the control of, or a national or resident of an embargoed country and are not a prohibited end user under any applicable law. You acknowledge that you are not permitted to use the Site if you cannot make these representations. If NEWOLDSTAMP has previously prohibited you from accessing the Site or using the NEWOLDSTAMP Services, you are not permitted to access the Site or use the NEWOLDSTAMP Services.

LIMITED LICENSE. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for your personal or internal business purposes and only as expressly permitted in these Terms and any applicable paid Customer plan that enables registration of an Account for the use of a NEWOLDSTAMP Service (“Subscription Plan”) when applicable. You shall not use or permit the use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor to NEWOLDSTAMP you may not access or use the NEWOLDSTAMP Services without NEWOLDSTAMP’s explicit, advance, written consent, and then only for the purposes authorized in writing. Except as otherwise restricted by these Terms, NEWOLDSTAMP grants you permission on a non-exclusive, non-transferable, limited basis to display, copy, and download content and materials on the Site provided that you: (a) retain all copyright and other proprietary notices on the content and materials; (b) use them solely for personal or internal, non-commercial use or in accordance with any applicable Subscription Plan; and (c) do not modify them in any way. Each discrete Subscription Plan includes restrictions and requirements that outline the features that Customer will be able to access. Any violation by you of the license provisions contained in this Section “Limited License” may result in the immediate termination of your right to use the Site, as well as potential liability for copyright infringement or other claims depending on the circumstances.

OWNERSHIP. Intellectual Property. The Site contains materials that are proprietary and are protected by copyright laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. You acknowledge that the Site contains original works that have been developed, compiled, prepared, revised, selected, and arranged by the author and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the author and such others. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property or other proprietary rights of any type, any improvements, design contributions, or derivative works thereto, and any knowledge or processed related thereto, including rights in and to all applications and registrations relating to the Site shall, as between you and NEWOLDSTAMP, at all times be and remain the sole and exclusive property of the author.

Software Use Restrictions. Software available for downloading through the Site or third-party websites or applications (the “Software”) is the copyrighted work of NEWOLDSTAMP. Use of the Software is governed by these Terms. Unauthorized reproduction or distribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted. 

SCREENING & REMOVAL.  You further acknowledge and agree that NEWOLDSTAMP reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Site or NEWOLDSTAMP Services. Without limiting the foregoing, NEWOLDSTAMP and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that NEWOLDSTAMP does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

Customers shall not, and shall not permit others to, do the following with respect to the NEWOLDSTAMP Services:
a. Use the NEWOLDSTAMP Services or allow access to them in a manner that circumvents contractual usage restrictions or that exceeds authorized use or usage metrics set forth in these Terms, any applicable Subscription Plan or Terms herein, in particular, amend the HTML code or any other visual elements of the e-mail signature; 

b. License, sub-license, sell, re-sell, rent, lease, transfer, distribute or timeshare or otherwise make any portion of the NEWOLDSTAMP Services available for access by third parties except as otherwise expressly provided in these Terms; or

c. Access or use the NEWOLDSTAMP Services for the purpose of developing or operating products or services intended to be offered to third parties in competition with the NEWOLDSTAMP Services or allow access by a direct competitor of NEWOLDSTAMP.


You may not frame the Site, place pop-up windows over its pages, or otherwise, affect the display of its pages. You may link to the Site, provided that you acknowledge and agree that you will not link the Site to any webSite containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Site effective immediately. 

PRIVACY. Customer warrants that its collection and use of any personal information or data provided while using the Site complies with all applicable data protection laws, rules, and regulations. Customer and its Authorized Users acknowledge that except as described in these Terms the information you provide to us or that we collect will be used and protected as described in the NEWOLDSTAMP Privacy Policy Please read the Privacy Policy carefully.


PERSONAL DATA. Personal data used by Newoldstamp:

You may use your accounts from third-party services (for example, Facebook, LinkedIn, and Google) to sign up and/or sign in to Newoldstamp account. In this case, with your consent (by clicking the ‘Sign Up’ or ‘Sign In’ button), we receive the basic personal information about your third-party service account that you allow to be used in the third-party service account settings. This information typically includes your account full name, the email address used for registration in a third-party service, and a hashed password. In addition, other information (for example, your company information, such as company name, address, phone numbers and representatives; or links to social media accounts associated with your third-party service account) may be given to Newoldstamp if the latter is allowed in your third-party account settings or privacy policy. To learn more on this regard, please refer to the third-party service privacy policy page or contact them.

In addition, in the case of using paid services from Newoldstamp, basic billing data may be used directly by Newoldstamp or by third-party billing services with your consent. This data is used by automatic systems to proceed payments and is not used by Newoldstamp in any different way.

In the case of using the ‘Contact us’ form, you may provide some personal data to Newoldstamp, such as your name and other specific information. In this case, you consent to Newoldstamp using this data by clicking the ‘Send’ button.

ACCOUNT DATA. Email account data used by Newoldstamp:

To automate your Newoldstamp user experience, you may connect your Gmail email account to Newoldstamp. If you do so, Newoldstamp will receive the basic account data that your Gmail account includes, which is your full name, email address, and hashed password. 

In addition to mentioned above, you will be able to install an email signature generated with Newoldstamp service directly into your Gmail account. In this case, you consent to Newoldstamp getting access to view your Gmail service settings, and being able to modify the information listed in the ‘Signature’ section of your Gmail service settings by clicking “Allow” button in Googles sign-in pop-up which appears after using “Install with Google” option.

If you work for a company that uses Newoldstamp services, your corporate email account information may be given to Newoldstamp by representatives of this company. In this case, basic information, which is your full name, email address, and hashed password, as well as corporate information about your account (your position in the company, department you work in, your corporate contact data) may be used by Newoldstamp. In the given scenario your consent to this data being used by Newoldstamp is implied by your agreement with your company’s privacy policy. Contact your company for more information.


ACCESS & DISCLOSURE. We may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process (e.g. a subpoena or other legal process). We may also share your information in situations involving potential threats to the physical safety of any person, violations of the NEWOLDSTAMP Privacy Policy or our user agreements or Terms; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of NEWOLDSTAMP, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.

RIGHT TO USE NEWOLDSTAMP SERVICES.  Subject to these Terms, NEWOLDSTAMP will provide the NEWOLDSTAMP Services to Customers in accordance with each Customer’s Subscription Plan (including the Free Plan and the Special Offer), and NEWOLDSTAMP grants to each Customer a limited non-exclusive, non-transferrable right and license during the Term, solely for its internal business purposes to: (a) use the NEWOLDSTAMP Services; (b) implement, configure and permit its Authorized Users to access and use the NEWOLDSTAMP Services up to any applicable limits or maximums.  Authorized Users of Customer must be identified by a unique email address and user name.


Our order process is conducted by our online reseller Paddle.comPaddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

PAYMENT TERMS. SUBSCRIPTION PLAN. The prices, features, and options of the NEWOLDSTAMP Services depend on the Subscription Plan selected as well as any changes instigated by Customer. NEWOLDSTAMP does not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice.

NO REFUNDS. Customer will timely pay NEWOLDSTAMP all fees associated with its Subscription Plan, Account or use of the NEWOLDSTAMP Services, including, but without limitation, by Authorized Users.  Customer’s payments are non-refundable except as expressly provided in these Terms.  Charges for pre-paid Subscription Plans will be billed to Customer in advance. NEWOLDSTAMP guarantees a seven (7) days money back exclusively in case of NEWOLDSTAMP’s deliberate failure of the Services.

RECURRING CHARGES. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. Customer must promptly notify us of any change in its invoicing address and must update its Account with any changes related to its payment method. By completing registration for a Subscription Plan, Customer authorizes NEWOLDSTAMP or third-party providers to charge its payment method on a recurring (e.g. monthly or yearly) basis (“authorization”) for: (a) the applicable Subscription Plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with Customer’s use of the NEWOLDSTAMP Services. The authorization continues through the applicable Subscription Plan until Customer cancels as set forth in this Terms. 

INVOICES. NEWOLDSTAMP or third-party providers will provide billing and usage information in a format they choose, which may change from time to time. NEWOLDSTAMP reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. Customer agrees to notify us about any billing problems or discrepancies within seven (7) days after they first appear on your invoice. If Customer does not bring such problems/discrepancies to our attention within seven (7) days, it agrees to waive its right to dispute such problems or discrepancies.

TAX RESPONSIBILITY. All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on our net income (collectively, “Taxes”). Customer shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the NEWOLDSTAMP Services. Taxes shall not be deducted from the payments to NEWOLDSTAMP, except as required by law, in which case Customer shall increase the amount payable as necessary so that after making all required deductions and withholdings, NEWOLDSTAMP receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. Customer hereby confirms that NEWOLDSTAMP can rely on the name and address set forth in its registration for a Subscription Plan as being the place of supply for sales tax purposes. NEWOLDSTAMP’s and Customer’s obligations under this Section (Tax Responsibility) shall survive the termination or expiration of these Terms.

FREE PLAN AND SPECIAL OFFERS FOR NEWOLDSTAMP SERVICES. If you register for a free for personal use, free trial, promotional offer or other types of limited offer for use of NEWOLDSTAMP Services (“Free Plan”), you may be presented with additional terms and conditions when registering for a Free Plan, and any such additional terms and conditions are hereby incorporated into these Terms by reference and are legally binding. This Section (Free Plan and Special Offers for NEWOLDSTAMP Services) supersedes and apply notwithstanding any conflicting provisions with regard to access and use of a Free Plan.

NEWOLDSTAMP reserves the right to reduce the functionality of the Services, the term of a trial period or end it altogether without prior notice.

The version of the NEWOLDSTAMP Services that is available for a Free Plan may not include or allow access to all features or functions or may add some of them. Any data that a Customer enters into the NEWOLDSTAMP Services, and any configurations made by or for a Customer, according to the Free Plan Terms may be permanently lost at the end of the trial period unless the Customer: (a) purchases a Subscription Plan to NEWOLDSTAMP Services that is equivalent to or greater than those covered by the trial; or (b) exports such data before the end of the trial period.

CUSTOMER WARRANTIES. Customer hereby represents and warrants to NEWOLDSTAMP that: (a) it has all requiSite rights and authority to use the NEWOLDSTAMP Services under these Terms and to grant all applicable rights herein; (b) it is responsible for all use of the NEWOLDSTAMP Services associated with its Account, including all equipment necessary to use these services such as a computer, modem, and internet access (including payment of all fees associated with such access) at your own expense; (c) it is solely responsible for maintaining the confidentiality of its Account names and password(s); (d) it agrees to immediately notify NEWOLDSTAMP of any unauthorized use of Customer’s Account of which it becomes aware; (e) it agrees that NEWOLDSTAMP will not be liable for any losses incurred as a result of a third party's use of its Account, regardless of whether such use is with or without its knowledge and consent; (f) it will use the NEWOLDSTAMP Services for lawful purposes only and subject to these Terms; (g) any information it submits to NEWOLDSTAMP is true, accurate, and correct; and (h) it will not attempt to gain unauthorized access to the NEWOLDSTAMP Services, other accounts, computer systems, or networks under the control or responsibility of NEWOLDSTAMP through hacking, cracking, password mining, or any other unauthorized means.

TERM AND TERMINATION. Suspension of Access to NEWOLDSTAMP Services. NEWOLDSTAMP may suspend any use of the NEWOLDSTAMP Services, remove any content or disable or terminate any Account or Authorized User that NEWOLDSTAMP reasonably and in good faith believes violates these Terms. NEWOLDSTAMP will use commercially reasonable efforts to notify you prior to any such suspension or disablement, unless NEWOLDSTAMP reasonably believes that: (a) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (b) it is necessary to delay notice in order to prevent imminent harm to the NEWOLDSTAMP Services or a third party. Under circumstances where notice is delayed, NEWOLDSTAMP will provide the notice if and when the related restrictions in the previous sentence no longer apply.

TERM. The period of effectiveness of these Terms (“Term”), with respect to NEWOLDSTAMP Services, begins on the date the Customer accepts it and continues until the Customer’s Subscription Plan expires or its use of the NEWOLDSTAMP Services ceases (including as a result of termination in accordance with this Section above), whichever is later.

SUBSCRIPTION TERM AND AUTOMATIC RENEWALS. NEWOLDSTAMP’s Subscription Plans automatically renew unless otherwise noted. If you purchase a Subscription Plan it will automatically renew, unless, prior to the end of the current period of effectiveness of the Subscription Plan (“Subscription Term”): (a) you terminate your Account; (b) you set your Account not to auto-renew; (c) NEWOLDSTAMP declines to renew your Subscription Plan; or (d) these Terms are otherwise properly terminated as expressly permitted herein. Each renewal period is a “Renewal Term.” Subscription Plan fees and features may change over time and we may recommend a new Subscription Plan that is comparable to your previous Subscription Plan that is ending. If you accept the new Subscription Plan, its Terms and conditions with these Terms will apply in the Renewal Term and thereafter.

TERMINATION BY CUSTOMER. You may terminate your Account at any time upon ten (10) days’ advance written notice to NEWOLDSTAMP. If you wish to terminate, you must provide notice by contacting us here: info@newoldstamp.com, notwithstanding, if a Customer terminates its annual Subscription Plan within the first 7 (seven) days of the Subscription Term, it may submit a written request to NEWOLDSTAMP for a refund of the fees paid to NEWOLDSTAMP which NEWOLDSTAMP will consider, without obligation, in good faith. NEWOLDSTAMP has no obligation to consider refund requests related to a termination of a Subscription Plan if the termination does not occur in the first 7 (seven) days of the relevant Subscription Plan, or if there has been a violation of other Terms herein, or if records indicate substantial productive use took place during that period.

EFFECT OF TERMINATION. If these Terms expires or are terminated for any reason: (a) Customer will pay to NEWOLDSTAMP any amounts that have accrued before, and remain unpaid, as of the date of the termination or expiration, including those for the billing cycle in which termination occurs; (b) any and all of Customer’s liabilities to NEWOLDSTAMP that have accrued before the effective date of the expiration or termination will survive; (c) licenses and use rights granted to Customer with respect to the Site and NEWOLDSTAMP Services and intellectual property will immediately terminate; (d) NEWOLDSTAMP’s obligation to provide any further services to Customer under these Terms will immediately terminate, except any such services that are express to be provided following expiration or termination of these Terms; and (e) the provisions of Section (Usage and Access Rights), Section  (Ownership), Section (Restrictions on Use of the Site), Section (Compliance with Terms), Section (Privacy), Section (No Refunds), Section (Tax Responsibility), Section (Confidentiality), Section (Effect of Termination), Section (Warranties and Disclaimers), Section (Indemnification Obligations), Section (Limitations of Liability), and Section  (General) will survive, as well as provisions designated to survive under these Terms. 

WARRANTIES AND DISCLAIMERS. The  NEWOLDSTAMP Services and Site are provided “as is” and “as available.” Your use of the NEWOLDSTAMP Services and Site shall be at your sole risk.  NEWOLDSTAMP and its respective officers, directors,  employees, members, shareholders, agents, affiliates, independent contractors, subsidiaries, and licensors (“NEWOLDSTAMP Parties”): (a) makes no additional representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever; (b) expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and title; and (c) does not warrant that the NEWOLDSTAMP Services, or Site are or will be error-free, will meet your requirements, or be timely or secure.  You will be solely responsible for any damage resulting from the use of the NEWOLDSTAMP Services or Site. 

The NEWOLDSTAMP Parties make no warranties or representations that NEWOLDSTAMP Services and Site have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the NEWOLDSTAMP Services and Site content and assumes no responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of NEWOLDSTAMP Services and Site; (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site through the actions of any third party; (vi) any loss of your data or content from the Site; and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via NEWOLDSTAMP Services and Site. You will not have the right to make or pass on any representation or warranty on behalf of NEWOLDSTAMP to any third party. Because some jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In that event, such warranties are limited to the maximum extent permitted by, and for the minimum warranty period allowed by the mandatory applicable law.

The NEWOLDSTAMP Parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, and the NEWOLDSTAMP Parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other persons with whom you communicate or interact as a result of your use of the Site.

INDEMNIFICATION OBLIGATIONS. You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, independent contractors and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) your access to and use of the NEWOLDSTAMP Services or the Site; (b) violation of these Terms by you or Authorized Users, as applicable; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and content of all Customer Data processed by the NEWOLDSTAMP Services; or (e)  any products or services purchased or obtained by you in connection with the Site.

NEWOLDSTAMP retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

LIMITATIONS OF LIABILITY. Disclaimer of Consequential Damages. Notwithstanding anything to the contrary contained in these Terms, NEWOLDSTAMP will not, under any circumstances, be liable to you for any consequential, incidental, special, cover, punitive or exemplary damages arising out of or related to the transactions contemplated under these Terms, including, but not limited to, goodwill, work stoppage, lost profits or loss of business, even if apprised of the likelihood of such losses, and whether such claims are made based on contract, tort (including negligence), or any other legal theory.


To the fullest extent permitted by applicable law, in no event shall the newoldstamp parties be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (a) use of the Site, or newoldstamp services; (b) errors, mistakes, or inaccuracies of content; (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, or newoldstamp services; (d) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (e) any interruption or cessation of transmission to or from our servers; (f) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Siteor NEWOLDSTAMP services by any third party; (g) any loss of your data or content from the Siteor NEWOLDSTAMP services; (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Site or NEWOLDSTAMP services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the NEWOLDSTAMP parties are advised of the possibility of such damages; and/or (i) the disclosure of information pursuant to these Terms or our privacy policy.

CAP  ON DAMAGES. Our total liability to you for any cause of action arising out of or related to these Terms or to your use of the Site (including without limitation warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), or any other legal or equitable theory, will not exceed the total amount paid by you to NEWOLDSTAMP for the NEWOLDSTAMP Services giving rise to the claim under these Terms during the twelve (12) month period preceding the date of the first event giving rise to liability, or $100, whichever is greater. The existence of more than one claim shall not enlarge this limit.

INDEPENDENT ALLOCATIONS OF RISK. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.

GENERAL. THIRD PARTY CONTENT. We may provide, or third parties may provide, links to other third-party web sites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. NEWOLDSTAMP is not responsible for the content on the internet or web pages that are located outside the Site or posts of user content. 

RELATIONSHIP. At all times, you and NEWOLDSTAMP are independent contractors and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of NEWOLDSTAMP or is otherwise authorized to bind or commit NEWOLDSTAMP in any way without NEWOLDSTAMP’s prior written authorization.

ASSIGNABILITY. You may not assign your rights or obligations under these Terms without NEWOLDSTAMP’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. NEWOLDSTAMP may freely assign its rights, duties, and obligations under these Terms.

NOTICES. Except as otherwise permitted by these Terms, any notice required or permitted to be given in connection with the NEWOLDSTAMP Services will be effective only if it is in writing and sent using: (a) the NEWOLDSTAMP Services; (b) by certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in Customer’s registration information or on the Site for NEWOLDSTAMP, with a copy, in the case of NEWOLDSTAMP, to info@newoldstamp.com, Customer or NEWOLDSTAMP may change its address for receipt of notice by notice to the other party through a notice provided in accordance with this Section. Notices are deemed given upon receipt if delivered using NEWOLDSTAMP Services, two (2) business days following the date of mailing, or one (1) business day following delivery to a courier.

FORCE MAJEURE. Except for any payment obligations, neither you nor NEWOLDSTAMP will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. INITIAL DISPUTE RESOLUTION. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@newoldstamp.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account).

GOVERNING LAW & VENUE. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of Ukraine, without reference to its choice of law rules to the contrary. For purposes of determining the governing law, you and NEWOLDSTAMP agree that NEWOLDSTAMP is the proponent of these Terms.

LANGUAGE AND TRANSLATIONS. NEWOLDSTAMP may provide translations of these Terms or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will prevail.

HOW TO CONTACT US. If you have any questions about the Site or Terms, pricing, complaints, or other inquiries, please contact NEWOLDSTAMP at info@newoldstamp.com.