Description
United Nations Postal Administration
Usage Agreement
Below are the terms and conditions that you as a User agree to be bound to when electronically submitting images to the United Nations Postal Administration (UNPA) for the purposes of ordering Personalized Stamps. Please read them carefully before submitting your order.
Please note that the present Usage Agreement incorporates by reference the standard Terms of Use for United Nations Websites available at http://www.un.org/en/aboutun/terms/, and that, except to the extent modified by the present Usage Agreement, all terms and conditions of the standard Terms of Use for United Nations Websites are binding on you when using the UNPA website for the purposes of ordering UNPA Personalized Stamps.
- Permission to use the image. By submitting your image, you have given permission to the United Nations to reproduce your image, and by submitting the image of your minor/dependant you have given permission to the United Nations to reproduce the image of the minor/dependant.You agree that UNPA may keep your specifications and image on file for a period of 90 days from the date on which your Personalized Stamps have been mailed to you by UNPA, in case you wish to reorder UNPA Personalized Stamps using the same image. To reorder your product, please send an e-mail message to unpanyinquiries@un.org for New York and UNPA-Europe@unvienna.org for Europe.UNPA will not sell, rent, or otherwise provide your personal information to outside parties. You will only receive information about products and services of UNPA if you have expressed your consent.
- Submission of images. Images accepted for UNPA Personalized Stamps are limited to head shots of individuals and photographic images of animals/pets. Words and text, which are neutral in nature, inoffensive and not propaganda-oriented, can be included as part of the images submitted. One image which contains up to three head shots is acceptable.
- User’s Warranties. You represent and warrant that you have the legal right to use, reproduce, copy, display and distribute, and to allow UNPA to use, reproduce, copy, display and print each image that you upload to the UNPA website for the purposes of ordering UNPA Personalized Stamps (“Submitted Image”), either in the form of copyright ownership or the permission of the copyright owner(s) or of the appropriate authority, including the legal guardian(s) of minors.UNPA reserves the right to request you to provide a written proof that you have the legal right referred to above. If you are unable to provide the requested proof, UNPA may decide, at its sole discretion, not to fulfil your orders using the Submitted Image. UNPA also reserves the right not to print your Personalized Stamps when UNPA deems, in its sole discretion, that the Submitted Image is unacceptable, indecent, inappropriate or offensive, for whatever reason. In the instances referred to above, UNPA will return the Submitted Image and refund any payment you have made in accordance with Section 9, below (“Refunds”). Pursuant to Section 8 below (“Termination”), UNPA may, without prior notice, suspend or terminate the account of a User who appears to be infringing intellectual property rights of others, and may take further action which UNPA deems appropriate.
- Intellectual Property. All copyright and other intellectual property rights in the UNPA Personalized Stamps (excluding the Submitted Image) belong to the United Nations. You must not reproduce or authorise the reproduction of any of the United Nations’ intellectual property without UNPA’s prior written approval. Any requests for permission to reproduce or otherwise use any material contained on the UNPA Personalized Stamps or otherwise made available to you on the UNPA website should be directed to unpanyinquiries@un.org.Without limiting, derogating from or otherwise affecting the validity of the foregoing, you may not alter or remove any copyright notice or symbol or other identification or any information concerning authorship of any of the materials contained on the UNPA Personalized Stamps or otherwise made available to you on the UNPA website.
- Usage of Personalized Stamps. UNPA Personalized Stamps may be used as postage on postal articles mailed and cancelled by UNPA Offices in New York, Geneva or Vienna (UN stamps may not be cancelled by any national postal authority), or as a collectible.
- Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF UNPA PERSONALIZED STAMPS IS AT YOUR SOLE RISK.YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE QUALITY OF THE FINISHED PRODUCT IS DEPENDENT ON THE IMAGE SUBMITTED, AND THAT VARIATIONS IN COLOUR, IMAGE QUALITY AND POSITION MAY OCCUR. UNPA PERSONALIZED STAMPS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WHILE EVERY ENDEAVOUR WILL BE MADE TO ENSURE THAT THE PERSONALIZED STAMPS WILL BE PRODUCED AND DISPATCHED WITHIN 10 DAYS FROM RECEIPT OF YOUR ORDER AT THE PROCESSING CENTRE, THE UNITED NATIONS, INCLUDING UNPA, DOES NOT GUARANTEE DELIVERY WITHIN THIS TIMEFRAME AND DELIVERY DELAYS MAY BE EXPERIENCED OCCASIONALLY. IF YOU WISH TO USE THE PERSONALIZED STAMPS FOR A SPECIAL EVENT, PLEASE ENSURE THAT THE ORDER IS PLACED EARLY ENOUGH TO ALLOW SUFFICIENT TIME FOR THE ORDER TO BE FULFILLED TO MEET THE DATE OF YOUR EVENT.STAMP DESIGNS ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRICES MAY VARY AT ANY TIME AT THE SOLE DISCRETION OF UNPA.
- Indemnification. As a condition of use of the UNPA website for the purposes of ordering and using UNPA Personalized Stamps, you agree to indemnify the United Nations from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorney’s fees) arising out of your use of the UNPA website for the purposes of ordering and using UNPA Personalized Stamps, including, without limitation, any claims of intellectual property infringement, unauthorized use of the image or photograph of any person or property, and/or any claims alleging facts that if true would constitute breach by you of this Usage Agreement.
- Termination. UNPA may terminate this Usage Agreement at any time by providing reasonable prior written notice to you. Without derogating from or otherwise limiting the foregoing, UNPA shall have the right to immediately terminate this Usage Agreement and/or your rights to use the UNPA website and the Personalized Stamps in the event of any breach by you of this Usage Agreement.
- Refunds. In the event of a termination of this Usage Agreement by the United Nations, other than as a result of your breach thereof, UNPA will return your image and refund any payment you have made to UNPA within 90 days from UNPA’s notification of its decision not to fulfil your order.If you have a complaint concerning the finished Personalized Stamps, please send an email to unpanyinquiries@un.org for New York and UNPA-Europe@unvienna.org for Europe. Refunds will only be granted (a) where the stamps are faulty or damaged, (b) where evidence is provided that damage occurred before delivery to you, and (c) where a claim is made within 30 days of the date of delivery. We will not refund or replace an order if the image printed on the Personalized Stamps is of poor quality.
- Settlement of disputesAmicable settlement: The parties to this Usage Agreement shall use their best efforts to amicably settle any dispute, controversy, or claim arising out of this Usage Agreement or the breach, termination, or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the United Nations Commission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the parties in writing.Arbitration: Any dispute, controversy, or claim between the parties arising out of this Usage Agreement or the breach, termination, or invalidity thereof, unless settled amicably under the preceding paragraph, within sixty (60) days after receipt by one party of the other party’s written request for such amicable settlement, shall be referred by either party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under this Usage Agreement, order the termination of the Usage Agreement, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under this Usage Agreement, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim measures”) and Article 34 (“Form and effect of the award”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in this Usage Agreement, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.
- Preservation of Immunities. Nothing contained in or related to this Usage Agreement shall be deemed a waiver, express or implied, of the privileges and immunities of the United Nations, including its subsidiary organs, which are specifically reserved.
- Entire Agreement. This Usage Agreement, the standard Terms of Use for United Nations Web Sites, and any United Nations policies, including those of UNPA, relating to your use of the UNPA website, including Personalized Stamps, constitute the entire agreement and understanding between the United Nations and you with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter.
- Miscellaneous. The section headings used herein are for convenience only and shall not be given any legal import.
- The provisions of Sections 4 (“Intellectual Property”), 6 (“Disclaimer of Warranty; Limitation of Liability”), 7 (“Indemnification”), 10 (“Settlement of Disputes”), 11 (“Preservation of Immunities”), 12 (“Entire Agreement”) and 13 (“Miscellaneous”) shall survive any termination of this Usage Agreement.