PrintArt, LLC t/a PrintArtKids
Website Terms and Conditions of Use
1. THIS IS AN AGREEMENT BETWEEN YOU AND PRINTART, LLC
This is an agreement (“Agreement”) between you and PrintArt, LLC t/a PrintArtKids (“PrintArt”). This Agreement governs your use of any Web site or Web page operated by PrintArt (collectively the “PrintArt Web”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
PRINTART OFFERS THE PRINTART WEB TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE PRINTART WEB CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW PRINTART MAY MODIFY THIS AGREEMENT
PrintArt reserves the right to change the terms, conditions, and notices under which it offers the PrintArt Web, including any charges associated with the use of the PrintArt Web. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any PrintArt Web Site. Your continued use of the PrintArt Web after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. NO UNLAWFUL OR HARMFUL USE OF THE PRINTART WEB
You will not use the PrintArt Web in any way that is unlawful, or harms PrintArt, its affiliates, service providers and/or suppliers (each, a “PrintArt Party” and collectively, the “PrintArt Parties”) or any customer of a PrintArt Party, as determined in PrintArt’s sole discretion. Without limiting the generality of this section, you may not use the PrintArt Web in any manner that could damage, disable, overburden, or impair any PrintArt Web Site (or the network(s) connected to any PrintArt Web Site) or interfere with any other party’s use and enjoyment of the PrintArt Web. Without limiting the generality of this section you will not use the PrintArt Web to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
4. MATERIALS YOU POST OR PROVIDE– LIMITED USE LICENSE
For materials you post, submit or otherwise provide to PrintArt related to the PrintArt Web (a “Submission”), you grant PrintArt permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the PrintArt Web for the limited purpose of promoting the goods and services of PrintArt, and (2) sublicense such rights, to the maximum extent permitted by applicable law. PrintArt will not pay you for your Submission. PrintArt may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
Any submission protected by copyright or trademark law for which you do not have appropriate rights cannot be reproduced.By submitting, posting or otherwise providing PrintArt with material you acknowledge that you are the owner of the material or that you have obtained all legal and necessary clearances, licenses and permission to reproduce any and all submitted materials, and that you are in compliance with all applicable laws, regulations, court orders and ordinances, from wherever issued.
You agree to indemnify, and hold harmless PrintArt from and against any and all liability, loss, damage, cost (including attorney’s fees, accountant fees, costs of suit, court costs and loss of profits) from or related to a breach of this section, for which PrintArt shall have the right to obtain preliminary and final injunctions and other equitable relief in the event of any breach.
5. INFORMATION AVAILABLE FROM THE PRINTART WEB
PrintArt and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the PrintArt Web. PrintArt and its suppliers do not authorize the use of information available from the PrintArt Web for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the PrintArt Web is intended to constitute professional advice.
By participating in PrintArt’s promotions, registering as a member, ordering product, or requesting promotional information or product updates, you agree that PrintArt may use your information and any images used for the creation of your ordered products, for marketing and promotional purposes, including print and all forms of social media.
7. RIGHTS TO INTELLECTUAL PROPERTY
You acknowledge that your use of products, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, “Content”) shall be governed by generally applicable copyright and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of PrintArt. PrintArt grants you a limited license to access and make personal use of this Website and does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of PrintArt or where expressly permitted. You agree not to use or resell the Content or the services PrintArt provides for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
8. PRINTART MAKES NO WARRANTY
PRINTART PROVIDES THE PRINTART WEB “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRINTART PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PRINTART PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PRINTART WEB WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY PRINTART PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE PRINTART WEB, EVEN IF SUCH PRINTART PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PRINTART WEB, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PRINTART PARTY WITH RESPECT TO THIS AGREEMENT OR THE PRINTART WEB, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRINTART WEB.
10. TERMINATION; ACCESS RESTRICTION
PrintArt may terminate this Agreement, or terminate or suspend your access to the PrintArt Web at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the PrintArt Web will immediately cease.
11. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
All claims arising from or related to this Agreement and the PrintArt Web will be adjudicated under the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Delaware County, Pennsylvania, USA in all disputes arising out of or relating to this Agreement or to your use of the PrintArt Web.
12. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. PrintArt may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the PrintArt Web. Except as expressly stated herein, this Agreement constitutes the entire integrated agreement between you and PrintArt with respect to the PrintArt Web and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PrintArt with respect to the PrintArt Web. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
13. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AGREE THAT YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRINTART WEB WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.