WEBSITE TERMS AND CONDITIONS OF USE
Last Updated: September 30, 2017
Printscapes.com is an online community developed and maintained by Design Pics Inc., doing business as Printscapes, and its affiliates ("Printscapes") that provides a variety of services, which, among other things, enable you to browse, purchase, design, publish, sell and curate art décor products ("Products") and utilize Printscapes’ product fulfilment services, including customer service, payment processing, third party product manufacturing, shipping and returns ("Service").
In consideration of your use of the Website and the Service, you represent that you are of legal age to form a binding contract with Printscapes in connection therewith.
OWNERSHIP AND USE OF THE WEBSITE AND USER CONTENT
You agree not to:
- use the Website or User Content:
- for any illegal purpose;
- in any way that, in Printscapes’ sole discretion, threatens or actually disrupts, interferes with or is harmful to Printscapes or any of its customers, users or Storefront Owners or the Website;
- in any manner that could compete with the business of Printscapes; or
- other than for the intended purpose;
- remove, alter or change any watermarks, copyright information, or other notices or metadata associated with the Website or third party User Content;
- copy, reproduce, modify, post on any website, publish, in whole or in part, upload, download, transmit, distribute, publicly display, commercially exploit, sell or make any derivative works of any portion of or all of the Website or third party User Content without, or in violation of, a written license or agreement with Printscapes or in violation of applicable copyright, other intellectual property and other laws;
- use data mining, robots or similar data-gathering or extraction technology or algorithms to crawl, scrape or monitor the Website or User Content or seek information on Printscapes’ customers, users or Storefront Owners;
- manipulate or otherwise display the Website or the User Content via framing or similar navigational technology;
- bypass, reverse engineer or circumvent any Website restrictions or measures to limit access to the Website;
- disclose, sell or trade any password to restricted areas of the Website or allow any third party to have access to your password;
- interfere in any manner, whether technological or otherwise with the function of the Website and/or the services offered by Printscapes; or
- exploit or commercialize the Website or third party User Content without the specific written authorization of Printscapes.
THIRD PARTY WEBSITES AND SERVICES
Printscapes may use third parties to provide certain services, including, but not limited to, any communications directed to you from any third party directly or indirectly in connection with this Website or User Content (e.g., advertising, forums, shipment tracking, payment processing, distribution and/or fulfilment, etc.) ("Third Party Services"). Printscapes disclaims all liability for any Third Party Services that you may receive and any actions you may take or refrain from taking as a result of any Third Party Services. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Services. Printscapes assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any, nor the accuracy of any information provided by, Third Party Services.
INTERNATIONAL USE OF THE WEBSITE
Printscapes controls and operates the Website from Canada, and all information is processed within Canada. We do not represent that the Website or any of the User Content is appropriate or available for use in other locations. You agree to comply with all laws, rules and regulations that apply to you in connection with your use of the Website.
You may not use Printscapes’ trademarks or trade names, including Printscapes logos, slogans, designs, product and program names, etc. ("Printscapes Marks") without Printscapes’ prior written consent. In addition, the look and feel of the Website, including all elements of the design in the service mark, trademark and/or trade dress of Printscapes, may not be copied, imitated or used, in whole or in part, without Printscapes’ prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Printscapes.
You retain ownership of the copyright in any User Content you submit or upload to the Website. Depending on the type of Member account you have, you may upload User Content: (i) solely for your personal use, (ii) for use on Products sold through your Storefront (if you have one), or (iii) for submission to the Printscapes image marketplace (the "Marketplace"), where accepted User Content will be available for use in or on Products sold via third party Storefronts and Printscapes partner sites. Printscapes has the right, at its sole discretion, to decide whether to accept any User Content submitted by you to the Marketplace. In addition, if you have a Storefront, you may use third party User Content from the Marketplace on Products sold through your Storefront.
By submitting User Content to Printscapes, you grant Printscapes a non-exclusive, worldwide, transferable and sub-licensable license to use, copy, archive, reproduce, modify, publicly display, and distribute your User Content on and through the Website, and if applicable, distribute your User Content through the Marketplace. In addition, the following licenses apply depending on how you upload or use User Content:
- Uploading User Content for Personal Use. If you upload User Content solely for personal use in or on Products, you grant to Printscapes a royalty-free, worldwide, transferable, nonexclusive right and license in such Content, in any and all media now existing or created hereafter, to use the User Content to design, manufacture, and sell such Products. Printscapes may sublicense the rights granted by you in this Section to third party subcontractors for the purposes of manufacturing such Products.
- Uploading User Content Only to Your Storefront. If you have a Storefront, you may upload User Content solely for use in connection with Products available for sale through your Storefront. If you choose to do so, you grant to Printscapes a royalty-free, worldwide, transferable, nonexclusive right and license in such User Content, in any and all media now existing or created hereafter, to: (i) use the User Content to design, manufacture, market, and sell the Products available for sale through your Storefront; and (ii) to promote, market, and advertise those Products, your Storefront, or the Program or Service generally. Printscapes may sublicense the rights granted by you in this Section to third party subcontractors for the purposes of manufacturing such Products.
Using Third Party User Content from the Marketplace. If you have a Storefront, you may choose to use third party User Content from the Marketplace in connection with Products available for sale through your Storefront. If you choose to do so, Printscapes grants to you a limited, worldwide, non-transferable, nonexclusive right and license in such User Content, in any and all media now existing or created hereafter, solely to: (i) use the User Content to design, market, and sell the Products available for sale through your Storefront; and (ii) to promote, market, and advertise those Products and your Storefront.
Any license granted by you for your User Content will automatically terminate: (a) with the removal of such User Content from the Website, your Storefront, or the Marketplace, as applicable, and (b) upon cancellation or termination of your Member account or Storefront Plan, as applicable; provided, however, that any orders placed or pending prior to such termination may be fulfilled in accordance with such license.
You understand and agree that is not practical or a standard industry practice to include credit to you as the author of your User Content in or on Products, and that Printscapes is under no obligation to produce Products that include credit of any kind to you on or in such Products. To the extent permitted by applicable law, you specifically waive any moral rights with respect to your User Content, and if no waiver is permitted, you agree not to enforce such rights against Printscapes, its third party fulfilment partners, other Storefronts (if applicable), and Printscapes customers.
Printscapes shall have the right to: (i) add keywords and watermarks to User Content; (ii) remove or edit any borders, texts, signatures, copyright notices, titles, or other marks of authorship associated with or contained in or on User Content; (iii) edit or otherwise perform any cropping, color adjustments, dust removal, sharpening, contrast, output size limitations or other adjustments to User Content, both in digital and in printed version(s) offered for sale on or in Products via the Website.
Printscapes encourages the sharing of watermarked images to promote User Content and Storefronts. While these Terms prohibit the removal of watermarks and other copyright management information, Printscapes is not liable for any unlawful removal of any such copyright management information.
While Printscapes takes commercially reasonable steps to ensure that your rights with respect to your User Content are not violated, Printscapes has no obligation to pursue legal action against any alleged infringer of any of your rights in and to such User Content. You hereby grant Printscapes the right and authority to take such steps as Printscapes deems commercially reasonable to protect Printscapes’ rights in your User Content
REPRESENTATIONS & WARRANTIES; INDEMNITY When you submit or upload User Content to the Website you represent and warrant that:
- you own all copyright in or have permission to use such User Content, you have all of the rights necessary to grant Printscapes the license granted above, no further permissions are required from, nor payments required to be made to, any other person in connection with the use by Printscapes of the User Content;
- the User Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including copyrights, moral rights, trademarks, patents, or the rights of privacy or publicity;
- the User Content does not and will not defame any third party or violate any other third party right;
- the User Content is not pornographic, obscene, abusive, inflammatory, or otherwise objectionable;
- the User Content is not misleading or deceptive and does not offer or disseminate fraudulent goods, services, schemes or promotions;
- the User Content does not include malicious code, including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
You hereby defend, indemnify, and hold harmless Printscapes and its sub-licensees, successors, affiliates, and assigns in connection with any third party claim that Printscapes’ use of User Content uploaded by you infringes on any trademark, trade name, service mark, copyright, right of publicity or privacy, or other proprietary right, or any breach or misrepresentation of the above representations and warranties.
DIGITAL MILLENNIUM COPYRIGHT ACT
Printscapes respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site(s) infringes the copyright or other intellectual property infringement of any person. Printscapes will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an infringement has taken place, including removing or disabling access to the User Content claimed to be infringing and/or terminating accounts and access to the Website.
Notification of Alleged Copyright Infringement. Printscapes has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Printscapes reserves the right to remove any User Content that allegedly infringes another person’s copyright. Printscapes will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Printscapes regarding any alleged copyright infringement should be directed to Printscapes via email at: email@example.com.
Filing a DMCA Notice to Remove Copyright-Protected User Content. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Printscapes with a written notice containing the following information:
- Your name, address, telephone number and email address (if any);
- A description of the copyrighted work that you claim has been infringed;
- A description of where on the Website the material that you claim is infringing may be found, sufficient for Printscapes to locate the material (e.g., the URL);
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore User Content Removed from the Website. If you believe that your material has been removed by mistake or misidentification, please provide Printscapes with a written counter-notification containing the following information:
- Your name, address, telephone number and email address (if any);
- A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Printscapes may be found (which includes Canada), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
- Your electronic or physical signature.
POSTINGS IN INTERACTIVE AREAS OF THE WEBSITE
Postings to be Lawful. If you participate in Interactive Areas on the Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, involves the transmission of junk mail, chain letters, or unsolicited mass mailing, spamming or lead generation or advertising or any nature, or give rise to liability or violate any local, state, federal, or international law. Printscapes may delete your Postings at any time for any reason or no reason without permission from you.
No Monitoring of Postings. Printscapes has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Printscapes however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded, or distributed, and remove Postings, at any time and for any reason or no reason.
Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of the Website, User Content, or Postings is expressly prohibited.
You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users (including, but not limited to: messages, emails, and forum comments), you agree to conduct yourself civilly and respectfully. While using the Website and Service, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website and Service. While Printscapes makes commercially reasonable efforts to ensure that Website and Service fosters a safe and positive environment for its users, you hereby acknowledge and agree that Printscapes does not actively monitor or police the interactions between users of the Website and Service (and has no obligation to do so) and you hereby disclaim Printscapes from and against any and all liability resulting from a user’s interaction with, or conduct towards, any other user. Notwithstanding the foregoing, Printscapes reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny access to the Website and Service to any infringing party.
ERRORS AND CORRECTIONS
Printscapes does not represent or warrant that this Website, the User Content, or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Printscapes does not warrant or represent that the User Content or Postings available on or through the Website will be correct, accurate, timely, or otherwise reliable. Printscapes may make improvements and/or changes to the Website, its features or functionality, or User Content or Postings at any time.
THIRD PARTY CONTENT
Third party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. Printscapes shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Printscapes. Further, information and opinions provided by employees and agents of Printscapes in Interactive Areas are not necessarily endorsed by Printscapes and do not necessarily represent the beliefs and opinions of Printscapes.
ASSUMPTION OF RISK
Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas
UNLESS PROHIBITED BY LAW, THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND PRINTSCAPES EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, PRINTSCAPES DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, CONTENT AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) THIRD PARTY SERVICES; (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) ANY INTERUPTIONS IN THE FUNCTION OF OR THE UNAVAILABILITY OF THE WEBSITE, CONTENT, PRODUCTS OR ANY PORTION THEREOF; (E) YOUR USE OF THE WEBSITE, CONTENT OR PRODUCTS; (F) INCORRECT OR INCOMPLETE REGISTRATION DATA PROVIDED BY YOU; OR (G) YOUR USE OF ANY SOFTWARE IN CONNECTION WITH THE WEBSITE, CONTENT OR PRDUCTS.
Some foreign countries and U.S. states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, PRINTSCAPES, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, CONTENT, PRODUCTS, OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, PRINTSCAPES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PRINTSCAPES, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACTS OR OMMISSIONS OF THIRD PARTY SERVICES PROVIDERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PRINTSCAPES' RECORDS, CONTENT, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRINTSCAPES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PRINTSCAPES FOR ACCESS OR USE OF THE WEBSITE. TO THE EXTENT NOT PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PRINTSCAPES’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
PRINTSCAPES GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND YOU MUST SATISFY YOURSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. PRINTSCAPES IDENTIFIED THE CAPTIONS FOR CONTENT AND PRODUCTS TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. PRINTSCAPES IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF CONTENT BY THIRD PARTIES.
YOU AND PRINTSCAPES AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PRINTSCAPES AND ALL PARTIES TO ANY SUCH PROCEEDING.
Relationship between you and Printscapes. Nothing in this Agreement will constitute the relationship of an employer and employee, a principal-agent, partnership or a joint venture between you and Printscapes. You are responsible for obtaining and maintaining all applicable business licenses and insurance, and for timely payment of all income, payroll, and employment-related taxes, including without limitation, all unemployment, workers compensation, income tax withholding, social security, and any other taxes of any nature.
Third Party Rights. The provisions titled Disclaimer, Limitation of Liability and Indemnity are for the benefit of Printscapes and its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.