Last Updated: July 8th 2021
Terms and Conditions
Welcome to our Website (our or the “Website”). We provide our Website as a service to our customers. Please review the following basic rules which constitute our “Terms Of Use & Legal Notices,” which govern your use of our Website. By using our Website you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the “Agreement”). Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may “bookmark” a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.
Business Hours
Customer Service is available during posted business hours Pacific time Monday through Friday by phone and Help Desk Ticket. Customer Service hours may change without notice. This does not apply to holidays during which the business is closed. Help Desk Tickets are typically answered within 1-2 business days during customer service operating hours. Help Desk Tickets submitted after 4 PM Pacific may not be answered until the following business day.
Will Call is open by appointment in the production facility’s local time zone.
The corporate office lobby hours of operation are during posted business hours Pacific time Monday through Friday. Hours may change without notice.
Fees, Payment, and Renewal
a. Bin Bin Ink Fees
Fees for Paid Services. Some of our Services are offered for a fee, like Bin Bin Ink Websites or Hosting services (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for the Payments feature — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a WordPress.com plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s) and manage subscriptions for Bin Bin Ink Paid Services by visiting your profile or contacting us for your account details. For more information about how Bin Bin Ink subscriptions work, please contact us.
To review renewal dates and manage subscriptions for any other Paid Services, please consult the respective Service’s website or contact the support team.
You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your Bin Bin Ink plans through your Bin Bin Ink account. To cancel a subscription plan, go to your profile, click on the plan you want to cancel, then follow the instructions to cancel the subscription or turn off auto-renew.
For Bin Bin Ink Paid Services, you can turn off auto-renew for each active subscription at your My Subscriptions page.
If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation. For instance, this may mean that if you don’t show up or are late for a scheduled session, you’ll still be charged and won’t be entitled to a refund.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
Fees Collected by Website Owners
Bin Bin Ink LLC develops and designs many different websites outside of our control. We are not involved with fees collected by our customers who own their website.
Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to a website owner (like a website subscription) are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing website subscription, you’ll be automatically charged by the website owner once each year. You can view the renewal dates for your website subscriptions on your Other Site Payments page.
Refunds. We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can email us.
General Representation and Warranty
Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Bin Bin Ink or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
Responsibility
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by Bin Bin Ink.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
If you purchase Google Workspace or G Suite, there are a few other things we want to highlight: these services are provided by Google, and your use of them is subject to Google’s Terms of Use for the services, which you’ll accept before using Google Workspace or G Suite for the first time. We’re an authorized reseller of Google Workspace and G Suite, but make no warranties about Google’s services, and disclaim Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines.
Changes
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Bin Bin Ink, or if Bin Bin Ink posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Bin Bin Ink policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Disclaimers
Our Services are provided “as is.” Bin Bin Ink and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bin Bin Ink, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in King County, Washington.
Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in King County, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability
In no event will Bin Bin Ink, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Bin Bin Ink under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Bin Bin Ink shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless Bin Bin Ink, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
Miscellaneous
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Bin Bin Ink and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Bin Bin Ink may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
Order Cancellation Policy
Jobs cannot be stopped / canceled once they are in “Approved” status and full payment or deposit payment is completed.
Order(s) that are cancelled are subject to a cancellation fee based on the current production status of your job. The fees are as follows:
- $10.00 — PRIOR to a proof being sent.
- $25.00 — AFTER a proof being sent, but PRIOR to customer approval.
- NO REFUND — There will be no refunds of any kind AFTER a job has been approved.
ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT
Other Fees
Jobs may be subject to other fees as follows:
- $15.00 — Additional digital mockup proofs (per 8.5″ X 11″, per side).
- $100.00/hour — Approved artwork alterations; 1/2 hour minimum.
- $10.00 — Re-RIP of any file. (Multi-page products like catalogs subject to higher rates)
- $5.00 — PDF proof on Business Card jobs.
This is not an exhaustive list; other fees may be incurred in special circumstances.
Return Policy
Bin Bin Ink & Wytex Co focuses on providing all our clients with the best possible printing experience and products. If for any reason you are not completely satisfied with your order, please promptly contact our customer Quality Assurance department by calling our toll free number. You may also submit a Help Desk Ticket in the “Problems with my job” category. Quality Assurance will document your complaint and create a ticket for you to reference as we investigate how to best resolve the issue. All defects / order issues must be reported to Bin Bin Ink & Wytex Co within 14 days of receiving your order.
We offer full refunds as house credit, reprints on defective print orders, or mutually agreed-upon partial house credit.
Determination of order defects is at the discretion of management. Client will be requested to submit digital photos to document the product’s defects. In some cases, Client will be required to ship defective product(s) back to Quality Assurance at their own expense and in an agreed upon reasonable time frame. In cases where the order is required to be shipped back to Quality Assurance at Client expense, Bin Bin Ink & Wytex Co may reimburse Client for shipping if a defect is determined to exist.
Any charges related to expedited orders, such as rush printing or shipping, are non-refundable for defective products unless UPS delivers a defective product or fails to deliver an order.
Turnaround time and shipping options for reprinted orders varies due to available production capacity and are at the manager’s discretion.
Direct mail services are not subject to the above stated standard return policies and will be evaluated on a case-by-case basis for potential refunds or reprints.
All policies are subject to change without prior notification.
General Information
Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will be e-mailed or shipped out within 24-48 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.
We do our best to fulfill orders at the facility nearest to the provided “ship to” destination, however we reserve the right to fulfill orders at other locations.
Customer Supplied Proofs
For each job, the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. We are not responsible for any such errors if a working model is not provided prior to proofing. We are also not responsible for any and all errors in the customer’s printing job if they select the “Run As Is. No Proof” option.
Color Proof Accuracy
Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our presses.
Right Of Refusal
We reserve the right to refuse service or products to any person or organization.
Turnaround Time
Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!
Due Dates During Holiday Closures…
Turn Times and Due Dates will be increased during any Holiday Closure we have. Please understand that any order in production during a holiday or placed on the holiday will be pushed by 3 day minimum. The due date may not read properly so please make note of any holidays and turn times.
Local Delivery
Local Delivery is a courtesy service available to customers within predetermined geographical regions of our production facilities. If no one is available to receive deliveries, packages will be left without requiring a signature, at which point we are released from liability. We will not make multiple delivery attempts.
Shipping Prices
Our Shipping prices include a handling fee.
Mailing Services
We are responsible for collecting postage from you, scheduling your job to mail and passing your mailing payment to U.S. Postal Service (USPS). Our responsibilities end when USPS accepts your mailing from us. We provide a proof of mailing statement (3600 for first class mail, 3602-R for standard class and 3602-NP for the Non-Profit mail) as USPS makes each available to us (typically within 24 – 48 hours of the order’s drop date). Lost mail, non-delivered mail and mail-transit time are the responsibilities of the USPS and we cannot be held liable for any of these issues. USPS will not give a refund on postage for non-delivered mail.
First Class Mail reaches its destination in 1-5 days (average); Standard Class and Non-Profit mail reach destinations in 7-10 days (average, though many mailings reach destinations much faster).
Mailing lists are kept confidential. They will not be sold or used for any purpose other than your mailing and will then be deleted.
We are not responsible for nor do we guarantee a response to your mailing.
If there is an issue with your order and we are found to be at fault,we will only accept liability up to the cost of goods and services provided. This does not include any postage cost. By using our services, you release us from liability for any loss of revenue, business or implied damages.
Proprietary Rights
Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Your Use of Our Website
Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.
Non-Solicitation Of Employees
You will not solicit, employ, hire, or enter into any business venture or relationship with any person who is employed by the other party for a period ending twenty-four (24) months after the date on which such person ceased to be employed by the other party.
Use Of Artwork
You understand and agree that we license photos and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as Templates. You are required to comply with the limitations on how the Images and/or Templates can be used.
You May Not:
Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any Bin Bin Ink & Wytex Co or third party’s trademark or intellectual property rights.
Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.
We are required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By signing below, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern.
If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.
NO WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WE EXPRESSLY DISCLAIM 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. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.
Security
Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Kids’ Privacy
Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Website.
Errors, Corrections and Changes
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
Information & Content You Submit to Us
By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.
Indemnity
You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.
Third Party Websites & Links
Our Website may contain links to other Websites that are not under our control (“Third-Party Websites”). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.
Applicable Law & Other Terms
Our Website is created, operated and controlled in the state California, in the United States of America. The laws of the State of California will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Los Angeles and/or Central District of California in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
