123Print.com
Terms of Use
Last Updated: April 1, 2009
Please read these Terms of Use carefully.
They contain important information about your rights and
obligations.
123Print.com
(the "Website") is brought to you by 123Print, Inc. ("we" or "us"). By visiting and/or using the Website, you fully and
unconditionally agree to these Terms of Use.
If you do not agree to these Terms of Use, please do not visit or use
the Website. We may revise these Terms
of Use at any time by updating this page.
By using the Website, you agree to be bound by any such changes.
Your Conduct
Any information that you submit to us or that we collect
through the Website is subject to our Privacy
Policy, the terms of which are incorporated
into these Terms of Use.
If you use any
chat room or other community on the Website, you must be at least thirteen (13)
years old. If you are a convicted sexual
predator, you may not use any such Website feature.
We recommend that minors
over age 13 (that is, between ages 13 and 18) obtain their parent's or guardian's permission before
sending information about themselves to anyone online. Click here for tips on staying safe
online.
By using the Website, you agree not to upload, post,
email or otherwise send or transmit any material that: (1)
contains viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment associated with the Website; (2) is
abusive, illegal, libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights or
otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual
property or other right of any person; or (4) requests
personally identifiable information. You also agree not to: (1) impersonate any other person while using
the Website; (2) use the Website for any unlawful purpose; or (3) upload
commercial content to the Website or use the Website to solicit others without our express prior
written permission. If you use any chat room or other community on
the Website, you will treat other users with respect.
If you choose to upload video and/or photographs to the
Website, by uploading such video or photographs you agree that they: (1) do not contain any
copyrighted materials or trademarks that you do not own; and (2) do not depict
any individual or feature the voice of any individual other than you unless you
have obtained permission from each person depicted or featured in the video. Any elements or persons
that appear in the video and/or photograph, including without limitation,
images, music, audio, speech, or other audiovisual materials used must be
entirely original, created and performed by the entrant, or be in the public domain. We may,
but have no obligation to, remove video or photographs that use any elements
that are not original or in the public domain.
We do not and cannot review all communications and materials posted to
the Website, and we
are not responsible for the content of such communications and materials. You acknowledge that, by providing you with
the ability to view and distribute user-generated content on the Website, we
are acting only as a passive conduit for such distribution, and we are not undertaking any
obligation or liability relating to any such content. All such content is offered AS IS, and you view and use it at your own
risk. However, we reserve the right to block or remove communications or
materials that we
determine to be: (a) abusive, defamatory
or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of a
copyright, trademark or other intellectual property or other right of any
person; (d) in violation of these Terms of Use; or (e) offensive or otherwise unacceptable to us in our
sole discretion. If you become aware of misuse of the Website
by any person, please contact us at info@123Print.com.
Use of Information Submitted
You agree that we are free to use
any comments, information or ideas contained in any communication you may send
to us, without notice, compensation or acknowledgement to you, for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products and services and creating, modifying or improving the
Website or other products or services.
Termination
We reserve the right in our sole
discretion to terminate or restrict your use of the Website, without notice,
for any or no reason, and without liability to you or any third party.
Copyright
The entire content of the Website, including but not limited to text, graphics
and code, is the property of 123Print, Inc.
Copyright 2009 123Print, Inc.
ALL RIGHTS RESERVED. We grant you
permission to electronically copy and print hard copy portions of the Website
solely for your own personal, non-commercial use, provided that you do not
change or delete any proprietary notices from downloaded or printed
materials. Any other use, including but
not limited to the reproduction, distribution, display or transmission of the
Website content is strictly prohibited, unless authorized by us in writing.
Trademarks
All trademarks, service marks
and trade names of 123Print,
Inc.
used on the Website are
trademarks or registered trademarks of 123Print, Inc. in
the U.S.
and/or other countries. They may not be used without our prior express written
permission. All other trademarks that
appear on the Website are the property of their respective owners, who may or
may not be affiliated with, connected to or endorsed by us.
Warranty Disclaimer &
Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, WE PRESENT THE WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no liability or responsibility for
any errors or omissions on the Website; any failures, delays or interruptions
in the Website's accessibility; any losses or damages
arising from the use of the Website; or any conduct by other users of the
Website. We reserve the right to deliver
the Website in our sole and absolute discretion. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL 123PRINT, INC., ITS AFFILIATES,
SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE
(JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE
TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF DAMAGE. Some states do
not allow the exclusion of certain damages, so the above may not apply to
you. If any authority holds any portion
of this section to be unenforceable, then liability will be limited to the
fullest possible extent permitted by law.
Indemnification
You agree to indemnify, defend and hold 123Print, Inc., its shareholders, officers,
directors, employees and agents harmless from and against any third-party claim
or cause of action, including reasonable attorneys fees
and court costs, arising, directly or indirectly, in whole or in part, out of
your use of the Website or your violation of these Terms of Use, any law or the rights of any third party.
Electronic Notices
By using the Website, you agree
to receive electronic communications from us.
You agree that any notice, agreement, disclosure or other communication
that we send you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
Third-Party Links
The Website may link to sites
operated by third parties. However, we
have no control over these linked sites, all of which have their own terms of
use and data collection practices. These
linked sites are only for your convenience, and you access them at your own
risk.
Disputes
Your use of the Website shall be
governed by the laws of Minnesota,
without regard to choice of law provisions.
Except where prohibited, you agree that any and all disputes, claims and
causes of action directly or indirectly arising out of or relating to the
Website shall be resolved individually, without resort to any form of class
action, and exclusively in the state or federal courts located in Nicollet County, Minnesota.
Any cause of action or claim you may have with respect to the Website must be
commenced within one (1) year after the claim or cause of action arises, or it
shall be forever barred.
General
If any provision of these Terms of Use is held to be invalid or unenforceable,
such provision shall be struck, and the remaining provisions shall be
enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe the extent or
scope of such provision. Our failure to
enforce any provision of these Terms of Use shall not constitute a waiver of
that or any other provision. These Terms
of Use set forth the entire understanding and agreement between you and 123Print,
Inc. with
respect to the subject matter hereof.
Contact Us
If you have any questions about
these Terms of Use, please contact us at:
info@123Print.com.
123Print, Inc.
7430 New Technology Way
Frederick, MD 21703
1-800-877-5147