Online Image Printing Services
These General Terms and Conditions (the "Terms") are applicable to all clients (the "Clients" and each, individually, a "Client") of posterprintfactory.com, Inc. ("posterprintfactory.com"). These Terms shall apply to all services and deliveries offered and carried out by posterprintfactory.com, including future services and deliveries, and to services and deliveries negotiated by posterprintfactory.com, including but not limited to providing online image printing services (the "Service").
These Terms shall supersede any different or additional terms in any order forms, confirmation or delivery submitted by Client; any such different or additional terms are hereby rejected. In the absence of written acceptance of these Terms by Client, the uploading of any image to the Service will constitute acceptance of these Terms.
posterprintfactory.com reserves the right to discontinue Service and to revoke or change prices or terms of Service, except when otherwise indicated in these Terms. If, at any time, it becomes necessary to discontinue Service to Client, to revoke or modify any provisions in this schedule, or to allocate distribution of any Service, posterprintfactory.com will take whatever action in its sole and absolute judgment which is fair and appropriate.
1. SUBJECT OF AGREEMENT.
1.1 The subject of this Agreement is the production of prints of images submitted by Client to posterprintfactory.com via an online interface and the printing thereof by posterprintfactory.com and subsequent shipment of finished prints to the Client.
1.2 posterprintfactory.com is entitled and reserves the right to have all or part of the Service performed by third parties.
2. PAYMENT AND DELIVERY TERMS.
2.1 All payments to posterprintfactory.com shall be in advance by credit card via posterprintfactory.com's online payment system. Client shall pay the entire amount due in advance, including sales taxes. Acceptance of orders is subject to credit approval. No work will proceed on printing until payment is made. No refunds are given once an order has been printed.
2.2 Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Client must notify posterprintfactory.com within 21 days of the date of shipment if Client believes any part of a delivery to be missing, wrong or damaged.
2.3 Unless Client provides posterprintfactory.com with a valid and correct tax exemption certificate applicable to Client's purchase, Client is responsible for sales and other taxes associated with any order. Shipping dates are estimates only.
3. COLOR VARIATIONS FROM THE ORIGINAL.
3.1 Because of variations in equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the print produced by posterprintfactory.com must be expected. Prints delivered with variations of his kind shall be considered as acceptable performance.
4. UPLOADING OF IMAGES.
4.1 Images must by uploaded to the Service in [jpg, gif or tiff] format. Images uploaded in other formats may need to be converted by posterprintfactory.com and such conversion will be subject to additional charges.
4.2 It is the Client's responsibility to maintain a copy of the original image file. posterprintfactory.com is not responsible for loss or accidental damage to images uploaded by the Client or for the accuracy or quality of images uploaded for printing. No claims or warranties are made by posterprintfactory.com regarding posterprintfactory.com's ability to work with the images submitted by Client in digital format, and no liability is assumed for problems that may arise.
4.3 posterprintfactory.com will retain a copy of the uploaded image for a period of thirty (30) days on its servers. Thereafter, unless the Client submits orders for additional prints to be prepared from the image, it will be deleted. Orders for additional prints will cause the 30-day retention period to start anew. posterprintfactory.com is not liable for any loss or damage to stored images.
4.4 If posterprintfactory.com finds that an uploaded image cannot be printed for technical reasons, any amounts charged to Client's credit card shall be refunded.
5. PROHIBITED SUBJECT MATTER AND COPYRIGHT INFRINGEMENT.
5.1 Clients may not use the Service to process anything which posterprintfactory.com, at its sole discretion, deems Prohibited Subject Matter. Prohibited Subject Matter, as used herein, includes but is not limited to content or other material that posterprintfactory.com believes:
(a) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
(b) Comprises copyrighted material used without the express permission of the owner;
(c) Violates or encroaches on the rights of others;
(d) Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
(e) Advocates illegal activity;
(f) Harms anyone, including minors; or
(g) Provides a link to any of the above.
5.2 The Client warrants that the subject matter to be reprinted does not violate the copyright of a third party. Clients also recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure Client's right to reproduce an image. Clients further warrant that no copyright notice has been removed from any material submitted to posterprintfactory.com for printing. Client agrees to indemnify and hold posterprintfactory.com harmless for all liability, damages and attorney's fees that may be incurred in any legal action connected with copyright infringement involving the image or images uploaded by the Client or the print produced from such image or images.
5.3 posterprintfactory.com reserves the right to use its discretion in refusing to deliver to Client any prints that posterprintfactory.com deems to be Prohibited Subject Matter. Because posterprintfactory.com does not pre-inspect images submitted for printing via its online interface, Client shall remain fully liable for the cost of printing even when posterprintfactory.com refuses to deliver any print it deems Prohibited Subject Matter.
6.1 Client agrees to indemnify, defend and hold posterprintfactory.com, its officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, including but not limited to violations of the provisions of Section 5 above, or any activity related to Client's use of the Services (including negligent or wrongful conduct) by Client or any other person accessing or using the Service using Client's account and/or (ii) a claim that an image submitted to and printed by posterprintfactory.com is Prohibited Subject Matter or infringes third party intellectual property rights.
7. Client Images
Posterprintfactory.com does not share, sell or distribute the images uploaded by clients.
8 . Limitation of Liability
posterprintfactory.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if posterprintfactory.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9 . Typographical Errors
In the event that a posterprintfactory.com product is mistakenly listed at an incorrect price, posterprintfactory.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. posterprintfactory.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, posterprintfactory.com shall issue a credit to your credit card account in the amount of the incorrect price.
10. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by posterprintfactory.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
posterprintfactory.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to posterprintfactory.com.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of posterprintfactory.com products) shall be in the state or federal courts located in New York, NY. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of posterprintfactory.com products) must be commenced within one (1) year after the claim or cause of action arises. posterprintfactory.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. posterprintfactory.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a posterprintfactory.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
14. Participation Disclaimer
posterprintfactory.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, posterprintfactory.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, posterprintfactory.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to posterprintfactory.com in its sole discretion.
15. Third-Party Links
In an attempt to provide increased value to our visitors, posterprintfactory.com may link to sites operated by third parties. However, even if the third party is affiliated with posterprintfactory.com, posterprintfactory.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of posterprintfactory.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, posterprintfactory.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).