Effective Date: October 1, 2016
GetAPrint, brought to you by GetAPrint, LLC ("GetAPrint", "we", "our", or "us"), provides you with a quick and easy way of printing out pictures. These Terms and Conditions (“Terms”) govern your use of the GetAPrint website (www.getaprint.com) (the "Site"), as well as GetAPrint's products and services (collectively, the "Services"). These Terms constitute a legally binding agreement between you and us. Specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. ACCOUNT In order to use certain Services (e.g., our photo printing service), you will need to create an account on our Site. When signing up for an account, you will be required to provide certain information, such as your name, address, e-mail address, and payment information. It is your sole responsibility to provide and maintain accurate account information. You are also responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. If there has been an un-authorized use of your password or account, please notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
2. PRODUCTS AND PURCHASES Features, products, prices and availability of our Services can be found on our Site and are subject to change. We reserve the right, with or without prior notice, to limit the availability of or discontinue any product or Service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or Service.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY OF OUR SERVICES. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3. CONTENT All photographs, images, text, graphics, ideas, data, communications, and other content and materials that are uploaded, exchanged, shared, posted, printed or submitted in connection with the use of the Site or Services (collectively, the “Content”) is subject to the terms and conditions below.
A. Responsibility. You are solely responsible for your use of the Content including, without limitation, Content owned or licensed by third parties ("Third Party Content"). You understand and acknowledge that you are responsible for any Content you submit or contribute, and that you, not GetAPrint, have fully responsibility for such Content, including its legality, reliability, accuracy and appropriateness.
B. Public Content. When you upload, exchange, share, post or submit Content to the general public ("Public Content") using our Site or Services, it means that you are allowing everyone, including people off of GetAPrint, to access and use that Public Content, and to associate it with you. Any such Public Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of such Public Content. You acknowledge and agree that your relationship with GetAPrint is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Public Content does not place GetAPrint in a position that is any different from the position held by members of the general public. None of your Public Content will be subject to any obligation of confidence on the part of GetAPrint, and GetAPrint will not be liable for any use or disclosure of any Public Content you provide.
C. Ownership. You represent and warrant that you own or otherwise possess all necessary rights with respect to your Content. You will retain ownership of your Content and any rights granted to us herein are granted as a license. Note, however, that while you retain ownership of your Content, any material, tools, features, template or layout provided to you by us in which you use to arrange or organize such Content are not proprietary to you, and the rights to such template or layout will remain with GetAPrint.
E. Content Standards. All Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Content must not:
4. MONITORING AND ENFORCEMENT; TERMINATION. We have the right to:
Remove or refuse to use any Content (including, without limitation, suspending processing and shipping of any order relating to any Content) for any or no reason in our sole discretion. Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for GetAPrint. Disclose your identity or other information about you to any third party who claims that Content used by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or Services. Terminate or suspend your access to all or part of the Site or Services for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using any Content on or through the Site or Services. YOU WAIVE AND HOLD HARMLESS THE GETAPRINT PARTIES (AS DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BYANY OF THE GETAPRINT PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge that we may (but are not obligated to) filter or review Content, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5. SOCIAL NETWORKING SERVICES While using our Services, you may have the option of granting us access to your account(s) with certain third-party social networking services, such as Facebook, Instagram, Flickr (each, an "SNS"). Provided an SNS permits this, we can capture and make available the photos and other Content that you have stored in your account(s) with such SNSs in connection with our Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
6. THIRD PARTY SITES The Site may contain links to third party websites. We have no control over such websites and are not responsible for the availability of such external websites. We do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Site or Services. We do not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. In addition, other websites may provide links to the Site with or without our authorization. You acknowledge and agree that we do not endorse such third-party sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
8. SITE OWNERSHIP Except for your Content, and unless otherwise stated herein, we and our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained therein. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the GetAPrint name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site or our Services unless we have given you prior written consent to do so.
9. USE RESTRICTIONS While using the Site and our Services, you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site and Services to respect the rights and dignity of others. Your use of the Site and Services is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms. You agree that when using the Site, you will not:
Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site; Frame or mirror any part of the Site without our express prior written consent; Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; Submit any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene Content (as determined by us in our sole discretion); Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization; Resell, sub-license, or lease any of the content on the Site; Use the Site to make unsolicited offers, requests, advertisements, or spam; Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make; Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening. 10. DISCLAIMER OF WARRANTIES EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
11. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS OR AGENTS (THE “GETAPRINT PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE GETAPRINT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE GETAPRINT PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE GETAPRINT PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED OR TRANSMITTED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE GETAPRINT PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNITY You agree to defend, indemnify and hold harmless the GetAPrint Parties from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of or related to (a) your use of, or activities in connection with, the Site or Services; (b) your Content; or (c) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
13. COPYRIGHT ISSUES While we are not obligated to review Content for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Services to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites or Services infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites or Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Services should be sent to: GetAPrint, LLC at firstname.lastname@example.org.
14. CHOICE OF LAW; ARBITRATION These Terms are governed by and construed in accordance with the laws of the State of New York, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Site, the Services or these Terms will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the New York area and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Site or Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Site and/or Services you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us. If, for any reason, this arbitration provision is not upheld, the exclusive forum and venue to resolve any disputes arising out of or otherwise relating to these Terms, the Site or Services will be in the state and federal courts of New York.
15. CHANGES We reserve the right to change any part of the Site or Services, including these Terms, at any time. You should periodically check this page to make sure you are up to date. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site or Services means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site or Services.
16. TERMINATION We may, in our sole discretion, terminate your account (or any part thereof) or your use of the Site or Services, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by GetAPrint elsewhere within the Site, or (ii) conduct we believe is harmful to the business of GetAPrint. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the Site, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
17. GENERAL These Terms constitute the entire agreement between you and GetAPrint governing your use of the Site and our Services. The failure of GetAPrint to exercise or enforce any term will not constitute a waiver of such term. If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
18. QUESTIONS OR COMMENTS If you have any questions or comments about these Terms, the Site or our Services, please contact us at email@example.com