Acceptance Of Terms
We
provide service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice.
By accessing any page on this site, you agree to be bound by these
terms and conditions.
Use Of Service
We
currently provide our customers with access to instant quoting, design
online and other printing resources (collectively, the "Service").
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, shall be subject to these TOS. You
understand and agree that the Service is provided "AS-IS" and that we
assume no responsibility for the timeliness, deletion, misdelivery or
failure to store any user communication, design, graphic, or photo that
you or any other person customizes or supplies.
Design Online Graphics
Graphics
used in the design online tools may be used on any printed product for
individual, internal or promotional non-commercial purposes only. For
example, you may use the design online tool to design a bookmark, for your personal (or your company's) use, however you
may not then re-sell the bookmarks commercially. If you have any
questions regarding the use of the design online tools, please contact
us directly as shown below.
Sales Tax Policy
We
must automatically charge (unless you have a valid resale certificate
on file with us) and withhold the applicable sales tax for orders to be
delivered to addresses within the state of Washington.
Each customer shall be solely responsible for all sales taxes, or other
taxes, on orders shipped to any other state.
Fonts
The
typefaces on final printed products are graphic representations of the
original fonts that appear on your screen. As these technically exist
only on our servers, it is not possible to download these typefaces.
Personal Data
In
consideration of your use of the Service, you agree to provide true
accurate, current and complete information about yourself as prompted
by the Service's registration form or similar query ("Personal Data").
Personal Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full privacy
policy.
Customer Content
You
understand that all information, data, text, photographs, graphics,
messages or other materials ("Content") are the sole responsibility of
the person from which such Content originated. This means that you, and
not us, are entirely responsible for all Content that you send, upload,
post or otherwise transmit via the Service. Recognizing the global
nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. You agree to not use
the Service to send, upload, post or otherwise transmit any Content
that contains (i) child pornography or anything indecent, obscene,
lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a
person, a threat to injure the personal property or reputation of
another person, a threat to accuse any person of a crime, a threat to
inform another that a person has violated any law of the United States,
or a threat of blackmail; (iii) any matter advocating or urging
treason, insurrection, or forcible resistance to any law of the United
States; (iv) any defamatory remarks directed at any other person or
company; or (v) any content that infringes the intellectual property
rights or other proprietary rights of ours or any third party. We do
not control the Content posted by Customers and we do not guarantee the
accuracy, integrity or quality of the Content. Under no circumstances
will we be liable to you in any way for any Content you may be exposed
to that you may find offensive, indecent or objectionable. You
understand that you control the privacy of any Content you elect to
post by granting access under your personal password. When you, or
someone to whom you have given access, orders a print item using your
password, you grant us the world-wide, royalty free and non-exclusive
license to use, reproduce, sublicense, modify, adapt, publish, display
and create derivative works from the Content on the Service and on the
printed product for the purposes of storing designs or processing print
orders. This license exists only for the length of time necessary for
us to complete your order or until you delete the Content from the
Service. You acknowledge that we do not pre-screen Content, but that we
shall have the right (but not the obligation) in our sole discretion to
remove any Content that violates the TOS or may otherwise be
objectionable. You further acknowledge and agree that we may preserve
Content and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that the Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of our business, our customers and the public.
Indemnity
You
agree to indemnify and hold us, and our subsidiaries, affiliates,
officers, agents, co-branders, print vendors, business partners,
employees, successors or assigns harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post to or transmit through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of the rights of a third party.
No Resale Of Service
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
General Practices
Regarding
Use And Storage You acknowledge that we may establish general practices
and limits concerning your use of the Service, including without
limitation the maximum number of days that designs or other uploaded
Content will be retained by the Service, the maximum size of any
Content that may be uploaded on the Service, and the maximum disk space
that will be allotted on our servers for Customer use. You agree that
we have no responsibility or liability for the deletion or failure to
store any Content maintained or transmitted to the Service. You
acknowledge that we reserve the right to delete Content stored on the
Service which is inactive for an extended period of time. You further
acknowledge that we reserve the right to change our general practices
and limits at any time, in its sole discretion, with or without notice
to you.
Modification Or Termination
To
Service We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice to you. You agree that at our sole
discretion, may terminate your password, account (or any part thereof)
or your use of the Service, and remove and discard any Content for any
reason, including, without limitation, for lack of use or if we believe
that you have violated or acted inconsistently with the letter or
spirit of the TOS. we may also at our sole discretion, and at any time,
discontinue providing the Service, or any part thereof, with or without
notice to you. You agree that we shall not be liable to you for any
loss or damage you may suffer due to any modification, suspension,
termination or discontinuance of the Service.Dealings With Third
Parties Your correspondence or business dealings with, or participation
in promotions of, any third parties found on or through the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such third party. You agree
that we shall not be responsible or liable for any loss or damage of
any sort incurred by you as the result of any such dealings or as the
result of the presence of such third parties on the Service.
Links
From
time to time, you may find, links to third party websites from the
Service. You acknowledge your understanding that your access to and use
of any third party website will be governed by the terms and conditions
belonging to such third party. We do not endorse and we are not
responsible for your use of or exposure to any content, advertising,
products, or other materials found at or available from these websites.
You further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss you may suffer
or allege to suffer in connection with your use of or reliance upon any
content, goods or services available on or through any third party
website.
Disclaimer Of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. The service is provided on an "as is" and "as
available" basis. We expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. (B) we make no warranty that (i) the service will
meet your requirements, (ii) the service will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from the
use of the service will be accurate or reliable, and (iv) the quality
of any products, services, information, or other material purchased or
obtained by you through the service will meet your expectations.(C) no
advice or information, whether oral or written, obtained by you from us
or through the use of the service shall create any warranty not
expressly stated in the TOS.
Limitation Of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT we AND our AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE;
(Ii) YOUR 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 THE SERVICE; (Iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (Iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Trademark Information
Our
company name and web site address are our trademarks. You shall not
display or use them in any manner without our prior written permission.
All other brand and product names found on the our site are considered
trademarks or registered trademarks of their respective companies. You
may not place or reproduce any trademarks, service marks, or logos that
are not owned by you or licensed to you onto materials and merchandise
to be printed via our Service. Words, names, and designs used to
identify services or products are considered trademarks, service marks,
and/or logos.The same policy applies for copyrights. You may not use
copyrighted materials from artists, photographers, publishers, writers,
composers, and other authors of original works unless they are
specifically licensed to you by the copyright holder.
Copyright Infringement
We
respect the intellectual property of others, and we ask our customers
to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide us with the
following information: (a) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest; (b) a description of the copyrighted work that you claim has
been infringed; (c) a description of where the material that you claim
is infringing is located on the site; (d) your address, telephone
number, and email address; (e) 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; (f) a statement by you, made under
penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
General Information
The
TOS constitute our entire agreement with you and govern your use of the
Service, superceding any prior agreements between us. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, or third-party content. These TOS and the
relationship between us shall be governed by the laws of the State of
Washington, without regard to its conflict of law provisions. We
collectively agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Kitsap, Washington. Our
failure to exercise or enforce any right or provision of these TOS
shall not constitute a waiver of such right or provision. If any
provision of these TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these TOS remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Service or these TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.Violations.
Please report any violations of the TOS to our CustomerCare group as
shown below.
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