TERMS OF SERVICE AGREEMENT
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 irrevocably bound by these terms and
conditions.
Attention trademark and copyright attorneys representing others' intellectual
property: Incredible as it may seem, there are those engaged in the
intellectual property profession who are unaware of how the nearly $40 billion
commercial printing and ad specialty industries have been servicing virtually
every company's commercial printing and advertising needs for over 10 decades.
You are hereby notified: We are a commercial printer, advertising, and
specialty products company. We offer to manufacture or provide hundreds of
digital, screen printing, and vinyl advertising products on demand for any
company or organization. We do not stock any products; we only produce custom
orders at the request of those who are authorized. We operate under the $39
billion industry-standard guidelines of the Advertising Specialty Products and
Commercial Printer Industries. We are not associated with any company and have
no interest in joining any licensing, affiliation, or sponsorship programs you
have or offer. The authority for any company (commercial printer or otherwise)
to produce trademarks, logos and copyrighted materials for advertising and
promotional products is given to them by, among others, the registrant,
licensees, dealers, resellers, charity organizers, sponsorship recipients and
other written or implied licenses.
I. 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.
II. Design Shop Graphics
Graphics used on our site and offered as products are
for individual, internal or promotional non-commercial purposes only. For
example, you may use the graphics we provide for your personal (or your company's) use, however you may not then
re-sell the graphic commercially. If you need any further clarification
as to what is meant by TOS ll., please see below for contact information.
III. 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.
IV. 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"). Failure to
provide accurate information or giving false information is a violation of our
Terms of Service. Personal Data and certain other information about you is
subject to our Privacy Policy. For more information, please see our full
privacy policy.
V. 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, request
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.
VI. 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 you, an agent of yours, or 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. You further agree to
reimburse us for all expenses resulting from any such claims or demands.
VII. 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.
VIII. 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.
IX. 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.
X. 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.
XI. 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.
XII. 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.
XIII. 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.
XIV. 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.
XV. Copyrights, Trademarks, and Licenses
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.
If John Doe were to submit an order for business cards to his local printer
that includes a well-known trademarked logo of his real estate brokerage's
parent company, the print shop cannot and does not contact the trademarked
company to determine whether or not John Doe is truly a licensed real estate
agent with the firm prior to going to print. There are tens of thousands of
real estate agencies and agents at any time which are changing daily.
Similarly, no commercial printer has the ability to verify the authorization
of each order prior to going to print. The responsibility of obtaining the
proper authorization to reproduce artwork that is a registered trademark or
copyright lies entirely with you and your company. You must secure the proper
permission, if needed, before submitting any order that includes copyrighted
logos or artwork. By continuing with your purchase you are conveying to us
that YOU have authorization, or that you have secured permission to reproduce
the requested trademark or logos for an authorized dealer, sponsor,
advertiser, promotion, etc. We service advertising firms who are employed
through direct, second, third, and fourth party contracts with many national
manufacturers. We also provide business cards, license plate frames, dealer
identification graphics for application to autos (Ex: Sewell Lexus with Lexus
logo; Dallas, Texas), arena banners, and many other advertising specialty
products.
We welcome your business. We sell both direct to the manufacturers and to
printing and advertising brokers. We will not sell to anyone who has not
conveyed to us that they are authorized to reproduce the registered trademark
and thereby assume all legal responsibility and any alleged damages for any
trademark infringement resulting from their fraudulent misrepresentation.
Our website is constructed in such a way so as to not be able to "Continue"
with a purchase without conveying to us that you or your organization are
authorized and assume all liability as to trademark issues for the product
purchased. EVEN if no trademark or logo is involved, we require approval so as
to make absolutely certain that authorization is without a doubt conveyed by
all purchasers of ANY products. This authorization is displayed prominently on
each catalog and product page so that no one is able to order without
conveying authorization to purchase. Any effort to fraudulently purchase and
entrap or damage us in any way by misuse of trademark or copyright laws to
create financial gain, discredit our good name and standing in the market
place, etc. is subject to civil and criminal liabilities.
The submission of any order constitutes a representation and warranty by the
individual or entity submitting the order that such individual or entity is
the owner of all trademarks or copyrighted material contained therein, or has
obtained any required consents or authorizations from the owner(s) to order
the reproduction of such material.
By submitting a design to us, you warrant and represent that you are the sole,
legal owner or licensee of all rights, including copyright, to each copyright,
service mark, trade name, trademark, logo, portrait, graphic, artwork,
statement, photograph, picture or illustration of any person or any other
intellectual property included in such design.
Further you warrant and represent that no part of the design: (1) is the
subject of any notice of such infringement you have received; (2) violates or
infringes upon any common law or statutory right of any person or entity,
including, but not limited to, rights relating to copyrights, trademarks,
contract rights, moral rights or rights of public performance or (3) is
subject to any restriction or right of any kind or nature whatsoever which
would prevent us from legally reproducing the images or text submitted.
You agree to defend, at your sole expense, any claim, suit, or proceeding
brought against us, and our subsidiaries, affiliates, officers, agents,
co-branders, print vendors, business partners, employees, successors or
assigns which relates to, or is based upon, a claim that any portion of the
design infringes or constitutes wrongful use of any copyright, trademark, or
other right of any third party, provided that we give you written notice of
any such claim and provide you such reasonable cooperation and assistance as
you may require in the defense thereof. You shall pay any damages and costs
assessed against us pursuant to such a suit or proceeding. Further, you agree
to indemnify and hold us harmless from and with respect to any such loss or
damage (including, but not limited to, reasonable attorneys' fees and costs)
associated with any such claim, suit or proceeding.
All items shown on this web site containing corporate logos or registered
trademarks are shown only to illustrate our logo reproduction capabilities.
Purchase of merchandise from us in no way, shape or form grants you permission
to reproduce logos, nor does it transfer, grant or lease ownership of any
logos or trademarks to you.
XVI. 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 Texas, 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
Montgomery, Texas. 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.
XVII. Violations
Please report any violations of the TOS to our staff.
XVIII. Color Matching
Digital proofs are provided upon request via email or the web. Color matching
is done to the best of our ability. Due to the infinite configuration
possibilities of end-user hardware and software, it is impossible to perfectly
match the proof that is provided. All proofs are understood to be close
representations of the printed product, and will inevitably have a certain
degree of deviance from a monitor's image.
XIX. Replacements
Under no circumstances will a refund be issued for any custom printed
graphics. All graphics produced are completely custom, and are therefore only
of value to the original purchaser. We may replace defective graphics if the
original defective portion of the graphic is returned to us in its entirety.
Defects are limited to faulty materials or workmanship. Under no circumstances
will installation error be considered a defect.
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