Terms and Conditions
The following Terms of Service (“TOS”) contain the terms and conditions that govern your (also referred as User) use of the Website and PrintsNearMe.com Service. Use of the PrintsNearMe.com Website constitutes acceptance of these TOS.
PrintsNearMe.com reserves the right to add, delete, and/or modify any of the terms and conditions contained in this TOS, at any time and at its sole discretion, by posting a change notice or a new agreement on the PrintsNearMe.com Website.
This TOS constitutes the entire and only agreement between us and you (User), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.
PrintsNearMe.com uses other affiliated companies or third parties to provide certain products and services accessible through the Website. PrintsNearMe.com does not control those third parties or their services. Users agree that PrintsNearMe.com will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with PrintsNearMe.com’s TOS.
Terms of Website Usage
PrintsNearMe.com will only knowingly provide service to customers that can lawfully enter into and form contract under applicable law. If site User is under the age of 18, but at least 13 years of age, he/she may use the PrintsNearMe.com services under supervision of a parent or legal guardian after they agree to these TOS. PrintsNearMe.com Website is not intended for children under age of 13.
PrintsNearMe.com Website grants Users limited revocable license to access and use the Website for its offered services, subject to Users’ compliance with these TOS. PrintsNearMe.com does not allow customers to collect or use information collected on the Website to compete with PrintsNearMe.com or to create derivative work based on the content of the Website. If User uses the information other than per TOS, PrintsNearMe.com may revoke the access and pursue other legal course of action permitted under applicable state or federal law.
User can only use the Website as expressly permitted by PrintsNearMe.com. User may not cause harm to the Website. Specifically, but not by way of limitation, User may not:
- Interfere with Website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the Website.
- Modify, create derivative works from reverse engineer, decompile, or disassemble any technology.
- Collect any User information used for registration.
- User agrees to not to order any pictures you don’t own, or any pornography or discriminatory content. PrintsNearMe.com will not print any images with nudity or offensive content. PrintsNearMe.com can’t print images the User doesn’t own the copyright to.
All the content including but not limited to: Design, graphics, organization, and digital conversion related to site are protected under applicable copyright, trademarks, and other property rights. Copying, downloading, or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.
User will retain ownership of the content that is used, referred, or uploaded by the User during the use of the site. “While using any outside content, User grants following licenses to PrintsNearMe.com, the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute design in or on products and in advertising, marketing, samples, and promotional materials for PrintsNearMe.com.” And the right to make modifications to Users’ design. We will not distribute it without prior approval from your side.
User may remove the design, graphics, or file, designed or uploaded by the User, at any time during the usage of the Website. After the content designed by the User is transferred to the PrintsNearMe.com, if User chooses to remove that content, please notify PrintsNearMe.com in writing. Any orders that might have derived from that content will prior to the written notification of termination will fulfilled.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify PrintsNearMe.com of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that PrintsNearMe.com may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
If User believes that her/his work has been copied in a way that constitutes copyright infringement, please email to email@example.com with the following information:
- Written document with signature of the person authorized to act on behalf of the owner of the copyright interest.
- Detail on material that is claimed as infringed.
- Contract information.
We will quickly act on any such notice received.
Reservation of Rights
PrintsNearMe.com reserves the right but does not assume the obligation to monitor transactions and communications occurring through Website. If PrintsNearMe.com determines, in its sole and absolute discretion, that User will breach a term or condition of these TOS, PrintsNearMe.com may cancel such transactions and restrict access.
PrintsNearMe.com may modify the site PrintsNearMe.com at any time without any prior notice and will incur no liability for doing so.
Representation of Warranties
User of the site represent and warrant to PrintsNearMe.com that in use of the PrintsNearMe.com site, User will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party. User further represents and warrants to PrintsNearMe.com, that there are no claims, demands, or any form of litigation pending, or to the best of User’s knowledge, threatened with respect to any of User’s content. PrintsNearMe.com will not be required to pay any third party related to using the content provided by the User. User content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site.
Disclaimer and Exclusions
PrintsNearMe.com provides a Website PrintsNearMe.com service on an “as is” and “as available” basis. PrintsNearMe.com, do not represent or warrant that site will be uninterrupted, will be free of errors, and in accuracy will be reliable, will be timely, and will meet User’s requirements. PrintsNearMe.com makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
PrintsNearMe.com will not be liable to any User or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill). Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.
Limitation of Liability
Limitation of liability, under for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of PrintsNearMe.com exceed the value of the signs ordered or serviced rendered. Value of the signs or services are limited to the stated value on the PrintsNearMe.com, site PrintsNearMe.com or charged to the customer.
User must indemnify and hold PrintsNearMe.com and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers, and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with any third-party claim, demand, or action brought against any of the parties alleging that User has breached any of these TOS through any act of omission.
User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple Users. PrintsNearMe.com does not permit any other person to use the registration section besides User’s own registration.
PrintsNearMe.com uses standard industry software for designing and printing purpose. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be considered as acceptable and will not be considered a production mistake and will not be eligible for refund or return or reproduction. We use best judgment to match color but if you need to visually match color, we suggest ordering sample product.
PrintsNearMe.com uses production facilities in various locations within the USA. It can not guarantee where production will be done for each product and order.
PrintsNearMe.com will not proofread any design made by User. Please double check all your design before submitting order. PrintsNearMe.com can not be held responsible for mistakes in design made by the customer. PrintsNearMe.com will print submitted file as it is on form.
PrintsNearMe.com shows estimated delivery date for each order on the PrintsNearMe.com site. These dates are indicative dates only and are based on production-ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.
Refunds, Returns, Replacements
How Can I Request a Reprint or Refund?
Due to the custom nature of the prints, PrintsNearMe.com does not accept returns and all sales are final. However, if User finds a defect in the product, User can contact PrintsNearMe.com and the company will produce and process a replacement.
Defects include any manufacturer’s defects such as damage, bubbles, scratches, or dents. If this occurs, will issue a replacement.
If you require a reprint, the process can be expedited by providing a digital image of the damage or defect along with a clear description of the problem (try to be as descriptive as you can while sending defective image). Please contact us at firstname.lastname@example.org; we will be happy to assist you.
Customer can request a reprint within 15 days from receipt of order.