| Terms of Use Policy Acceptance
of Terms of Use Please read these Terms of
Use carefully. These Terms of Use govern your access and use of this Site. By
accessing or using this Site you agree to be bound by these Terms of Use and to
any additional guidelines, restrictions, or rules that may be posted in connection
with specific sections or services by this Site. All such additional posted guidelines,
restrictions, rules are hereby incorporated by reference into these Terms of Use. PrintsByMe.com
L.L.C. ("PrintByMe.com") reserves the right to make changes to this
Site and to these Terms of Use at any time without prior notice. You should review
these Terms of Use each time you access this Site. You
also agree that we may provide all legal communications and notices to you electronically
by posting them on our website or at, our election, by sending an email to the
email address you provided when you registered at our website. You may withdraw
your consent to receive communications from us electronically by contacting customer
care. However, if you withdraw your consent to receive our communications electronically,
you must discontinue your use of your account. Standard
for Electronic Transactions PrintsByMe.com
is governed by, and is obligated to comply with, and fully supports the spirit
of the Uniform Electronic Transaction Act of 1999. Copyrighted
Materials for Limited Use This Site may contain
graphics, photographs, images, document layouts, templates, artwork, text, fonts,
music, software tools, and other information (collectively referred to herein
as "Content"). This Site and the Contents are the copyrighted property
of PrintsByMe.com or the copyrighted property of parties from whom PrintsByMe.com
has licensed such property. All rights in the Site and the Content are reserved
worldwide. It is strictly prohibited to retain, copy, distribute, publish, or
use any portion of the Content except as expressly allowed in these Terms of Use.
PrintsByMe.com reserves the right to add to, delete from, or modify any part of
Content at any time without prior notice. Use
of Site You are granted permission to access
and use this Site and the Content for the sole purpose of preparing products for
printing (collectively referred to as "Products") and ordering the printing
services (collectively referred to as "Services") through PrintsByMe.com.
No other download, retention, use, publication, or distribution of any portion
of the Content is authorized or permitted. Obtaining Products or Services from
PrintsByMe.com does not entitle you to use any portion of the Content apart from
the finished Products as they are supplied by PrintsByMe.com. You
agree to use this Site in a responsible manner that is in full compliance with
these Terms of Use and with your local laws and regulations, including export
and import regulations. Without limitation, no portion of this Site or the Content
may be utilized as a trademark or service mark; for any pornographic use; for
any unlawful purpose or use; to defame any person; to violate any person's right
or privacy or publicity; or to infringe upon any copyright, trade name, trademark,
service mark or other intellectual property right of any person or entity. You
agree that you will not use the Site to produce Products that are offensive, unlawful,
harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
PrintsByMe.com may withhold any Products, and terminate the Services to any customers
using PrintsByMe.com to engage in any of the proscribed activities above. You
are solely responsible for your use of the Content in combination with any other
images, graphics, text or other materials you incorporate into your Products.
You agree that you will not include any text, image, design, trademark, service
mark, or any copyrighted work of any third party in our Products unless you have
obtained all appropriate licenses, authorizations, rights and permissions from
the owners. You represent and warrant that the Products do not infringe upon any
rights of any third party, including copyright, trademark, right of publicity
or privacy, and will not libel or defame any third party. By placing an order
for Products or Services through this Site, you represent and warrant that you
have all necessary licenses, authorizations, rights and permissions to place the
order and you authorize PrintsByMe.com to produce the Products on your behalf. You
agree that you are responsible for protecting your password and controlling access
to your registered account. You agree that you will be responsible for all orders
placed or other actions that are taken through your registered account. PrintsByMe.com
reserves the right to refuse or deny services to any customer for any reason.
Should PrintsByMe.com deny service after an order has been placed, the customer
will be promptly notified and any charges incurred by the customer will be fully
refunded. Transfer to Title You
agree that the shipping terms for all printed Products are FOB shipping point
and title and ownership transfers to you upon delivery of the Products to a common
carrier. For any Products that are to be provided to you in an electronic format,
you agree that delivery of such Products shall be deemed to have occurred either
(a) at the time PrintsByMe.com transmits the Product via email or other electronic
communication addressed to the customer, or (b) at the time PrintsByMe.com transmits
a notification to you that the Product is available for downloading from the Site. Indemnification You
agree that you shall indemnify and defend PrintsByMe.com and all parties from
whom PrintsByMe.com has licensed portions of the Content, as well as their directors,
officers, and employees, against all claims, liability, damages, costs and expenses,
including reasonable legal fees and expenses, arising out of or related to (a)
your breach of these Terms of Use, or (b) any suit, claim, or demand arising from
or relating to any text photograph, image, graphic or other material you incorporated
into Products without proper authorization. Limitation
of Liability and Disclaimer of Warranty YOU
ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE SERVICES. YOU
ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS
OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY
OF ALL PRODUCTS PROVIDED THROUGH THE SERVICES OF THIS SITE. THE PRODUCTS AND SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRINTBYME.COM
DOES NOT WARRANT THAT ANY OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,
OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRINTBYME.COM MAKES NO EXPRESS
WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE
REGARDING ANY MERCHANDISE, INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THIS
SITE. NO ADVICE OR INFORMATION GIVEN BY PRINTBYME.COM OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY, WHETHER ORAL OR WRITTEN. PRINTBYME.COM AND ITS AGENTS AND EMPLOYEES
ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR
USE OF THE PRODUCTS OR SERVICES INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,
MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PRINTBYME.COM'S
CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE
OF ANY OF THE PRODUCTS OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID
FOR SUCH PRODUCTS OR SERVICES. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
EXPRESSLY PROHIBITED BY LAW, PRINTBYME.COM DISCLAIMS ANY AND ALL LOSS, DAMAGE
OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS AND SERVICES. Site
Feedback Any comments, suggestions, proposals
or other feedback (collectively "Feedback Information") provided to
PrintsByMe.com in connection with the operation or content of this Site shall
be provided by the submitter and received by PrintByMe.com on a non-confidential
basis. All such comments, suggestions, and other information shall become the
exclusive property of PrintsByMe.com. By submitting any such information to PrintsByMe.com,
you agree that you are transferring and assigning, at no charge, all of your right,
title and interest in the information, including all copyrights and other intellectual
property rights. You agree that PrintsByMe.com shall be free to use such information
on an unrestricted basis. Governing Law All
Products and Services are provided from PrintsByMe.com's location in Huntsville,
Alabama USA. Issues related to the protection, infringement, or misuse of copyrighted
materials shall be governed by the copyright laws of the United States of America.
All other matters relating to your access to or use of this Site shall be governed
by the laws of the State of Alabama without regard to principles concerning choice
of law. Any controversy or claim arising out of or relating to this Agreement
or breach thereof shall be settled by final and binding arbitration in Huntsville,
Alabama, in accordance with the rules then in effect of the American Arbitration
Association. You agree that proper venue for any action arising out of or in connection
with this Agreement shall be Madison County, Alabama, or if such action is brought
in federal court, the Northern District of Alabama. Refund
Policy Due to PrintsByMe.com's proof approval
process in which you are provided a proof of your job for final approval before
going to print, PrintsByMe.com considers all sales final, unless exceptions are
otherwise noted. Due to our diligence in providing fast turnaround, payment and
final approval moves your job immediately into production. Once final approval
is received, no refunds will be given once PrintsByMe.com begins printing your
order. Only in cases where no work has been
completed, will a partial or full refund be extended to the customer. Please be
aware however, that such a refund will be adjusted to cover any charges incurred
due to proofing or other services associated with that order. It
may be possible for an order to be voided after it is received if no work has
been completed by PrintsByMe.com. Please contact PrintsByMe.com immediately to
request any cancellations. Our Sales Tax Policy PrintsByMe.com's
business operations are located in the state of Alabama. All required state sales
tax is applied on purchases shipped from the state of Alabama. Alabama state sales
tax and or city and county tax as applicable is calculated based on the subtotal
of printing and finishing costs. Tax-Exempt
Individuals If you are eligible for tax-exempt
status and tax was charged to your order, you can request an adjustment for the
amount of sales tax charged by sending us your tax-exempt documentation. To expedite
this process please fax a copy of your tax-exempt certificate, along with your
order number, addressed to the attention of the Credit Department at (256) 489-8270,
either before or after placing your order through the PrintsByMe.com website.
You will receive a confirmation email and your credit will be applied or credited
back, according to your method of payment. |
