These Terms and Conditions of Sale (T&CS) are set forth between PrintMySmile, LLC, an Ohio limited liability company (“PrintMySmile”) and you (the Customer). In order to become a member, you must read and accept these Terms and Conditions as set forth below.
1. Terms and Conditions: These T&CS apply to all and any use, access and availability of our Site in the purchase of all physical or electronic products (hereinafter referred to individually as “Product” or collectively as “Products”). In these Terms and Conditions: “Our Site” means the online services, website, content and services available at or usingwww.printmysmile.com, and all User Content and related software programs, materials and branding for all activities associated therewith.
By using our Site, you understand and are able to accept these T&CS and agree to be bound by them.
PrintMySmile may make changes to these T&CS from time to time and these variations shall apply to you immediately upon being accessible from our Site.
2. User Content: “User Content” means any and all artwork, assets, data, designs, digital images, drawings, elements, graphics, images, logos, information, metadata, photographs, Product specification, sketches, stitch files and texts, or any combination thereof that you send to PrintMySmile for placement on its website or on Products made for PrintMySmile.
3. Materials Submitted by Customer. Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any Product you request or to show you how your User Submitted Materials would appear in our Products or services. For example, when you place an order for a Product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase Products with those photographs.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these T&CS, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable Products, to enforce these TC&S or to comply with legal obligations or governmental requests.
You agree to indemnify and hold us, our directors, officers, members, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these T&CS, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any Products from us, or (iv) any activity related to access to or use of your account by you or any other person.
User Submitted Materials that violate these TC&S may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
4. Customer Registration: To participate and place an order with PrintMySmile, you must first register an account in order to use our Site, including setting up a Username and Password. The Username and Password chosen by you and issued to you are personal to your use so that you can use and access our Site, and must not be disclosed to any person without prior written consent from us. You agree, accept and understand that you must insure that all information held about you by us is up-to-date and that you can amend your registration details at any time through our Site; you are responsible for keeping your Username and Password confidential; you are solely liable for any use of our Site using your Username and Password whatsoever. You should not share your Username or Password with any person, or allow any other person to use your account. PrintMySmile shall not be liable for any improper use of your log-in ID, Username, Password, account or any use by any third-party. If you think your log-in ID, Username, Password or account have been compromised in any way, you must inform PrintMySmile immediately and we will do our best to assist you with respect to such matter. By clicking the submit button you are verifying that you are at least 18 years old, and that all pertinent contact information is accurate and current. Once registered, you will be able to place orders for Products.
5. Customer's Contract: PrintMySmile is selling these Products but the Products are made by a third party maker (“Maker”). PrintMySmile does not control the quality of the Product sold to you or the ability of the Maker to make the Product as described. Your order, once accepted, is a legal binding contract. PrintMySmile attempts to be accurate in providing a favorable user experience. There are many Products being offered under this Site and PrintMySmile does not warrant that the Product descriptions or other content of this Site is accurate, complete, reliable, current or error free. If a Product offered by PrintMySmile is not as described, please refer to PrintMySmile’s shipping and return policy contained herein.
6. Pricing, Shipping and Terms of Sale: Prices for Products are described on the Site and are incorporated into this Agreement by reference. All prices are in U.S. Dollars. Prices and Products may change at PrintMySmile’s discretion. PrintMySmile may offer promotional discounts from time to time. Title and risk of loss for all Products ordered by you shall pass to you on the carrier’s shipment to you. Purchases are subject to PrintMySmile’s shipping and return policy as set forth herein. PrintMySmile reserves the right to cancel any order for any Product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the Customer that the order has been cancelled.
7. Correction of Errors and Inaccuracies.
The information and Product listings on this Site may contain designer typographical errors or inaccuracy and may not be complete or current. PrintMySmile reserves the right to correct any errors, inaccuracy or omissions and to change or update information or content at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product design, description, pricing and availability. PrintMySmile also reserves the right to limit or restrict quantity of Products (including after you have submitted your order) for any reason, including, without limitation, if the Product violates any terms of this T&CS or the Maker of such Product has a limited supply in stock.
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or an error in pricing or Product information received from any of PrintMySmile’s suppliers or carriers, PrintMySmile reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. PrintMySmile shall have the right to refuse or cancel such orders, whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is cancelled, PrintMySmile shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If PrintMySmile has overcharged for any Product, PrintMySmile will issue a refund to you for the difference between what you were charged and the correct price of the relevant Product.
8. Use of Site and Product: Your use of this Site and any Products ordered for purchase on this Site must (i) be in accordance with all applicable federal, state and local laws, statutes, regulations and ordinances; and (ii) will not harm or violate the rights of any person or entity.
You will not use any Product distributed or ordered from the Site in a way that would be damaging to PrintMySmile’s public reputation or that of its employees, members, licensors or partners. Other than expressly provided in this Agreement, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any other commercial purposes any Product purchased herein or any portion of the Site, without PrintMySmile’s expressed written consent.
9. Payment: PrintMySmile utilizes credit card payments as its sole method of payment. PrintMySmile utilizes a third party vendor, Authorize.Net, for all credit card payment processing. As such PrintMySmile does not collect or maintain any credit card information for any Customer. Maintaining the confidentiality of credit card information of a Customer is the sole responsibility of Authorize.Net.
Retention of credit card information: (alternate provision) By providing your credit card information to PrintMySmile, you authorize PrintMySmile to charge your credit card for the purchase amount of any order plus associated taxes, shipping costs (if any) and handling fees (if any) as defined below. You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with PrintMySmile. Purchases over $1000 using a credit card will be charged an additional 2% surcharge to help cover merchant fees.
10. Sales Tax: All sales are subject to appropriate state sales tax laws. Tax-exempt Customers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt of such information by PrintMySmile, such Customer’s future purchases will not be taxed. You may be required to update certificates on file periodically as deemed necessary by PrintMySmile.
11. Liability: PrintMySmile shall not be responsible for Customer’s misconduct and will not be held responsible for the errors and omissions either by PrintMySmile or others either directly or indirectly associated with the sale, including the Maker of the Product and any carrier involved in packing or shipping of the Product, whether or not such carrier is recommended by PrintMySmile. This is an on-line Site which relies on third party software and hardware which could malfunction without warning. The Customer agrees that PrintMySmile will not be held liable for any and all inconveniences that may result from any such malfunction. PrintMySmile reserves the right to void or cancel any transaction that has been affected by such malfunction(s).
Customer also agrees and understands that PrintMySmile will not be liable for any indirect, special, punitive, compensatory, consequential or exemplary damages even if PrintMySmile has been advised of the possibility of such damages. To the extent permitted by law, PrintMySmile’s total liability to Customer for any reason upon any cause of action whatsoever, whether in contract, warranty or tort, shall be limited to the purchase price paid by Customer to PrintMySmile hereunder for such Product.
12. Disclaimer of Warranties: This Site and the information, Products, content and materials available through it are provided on an “As Is” and “As Available Basis” to the fullest extent permissible by applicable law and except for any expressed warranties contained in this T&CS, PrintMySmile and its members and affiliates disclaim all warranties expressed or implied, including, without limitation any implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may be made in the course of performance or usage of trade.
13. Indemnification: Customer agrees to indemnify and hold PrintMySmile, its members, employees and agents (and its affiliates and their respective members, employees and agents) harmless from any third party claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Customer’s breach of this T&CS, your improper use of PrintMySmile’s services or your breach of any law or the rights of a third party.
14. Severability: If any provision of this T&CS is invalid, illegal or unenforceable under any applicable statute or rule of law, such provisions shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this T&CS shall in no way be affected or impaired.
15. Governing Law: This T&CS shall be governed in all respects by the laws of the State of Ohio, without regard to conflict of law provisions. Customer agrees that any claim or dispute you may have against PrintMySmile must be resolved exclusively by a state or federal court located in Butler County, Ohio.
16. Miscellaneous:
The relationship of PrintMySmile and Customer pursuant to this T&CSis that of independent contractors and nothing contained herein shall be construed to constitute either party as the agent of the other party, or as a partner, joint venturer or co-owner.
This T&CS shall inure to the benefit of the successors, heirs and assigns of PrintMySmile and Customer.
PrintMySmile may assign its rights and responsibilities under this T&CSwithout the consent of Customer.
The right or failure of a party to exercise and enforce any right or provision of this T&CSshall not constitute a waiver of such right or provision. This T&CSconstitutes the entire agreement between Customer and PrintMySmile and supersedes any other communications, written or oral with respect to the subject matter herein, the Site and the services provided by PrintMySmile hereunder.
PrintMySmile does not guaranty continuous uninterrupted access to the Site and operation of the Site may be interfered with by numerous factors outside PrintMySmile’s control.
17. Delivery and Returns: See our Site.
18. Privacy Policy: See our Site.
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