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TERMS OF USE |
BY ACTIVATING OR USING THE SERVICE, YOU
REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND
THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF
THIS AGREEMENT. |
These Terms of Service constitute the
agreement ("Agreement") between GLTradePrint.com. ("we," "us") and the
user and/or purchaser ("you", "user", "customer") of GLTradePrint.com
services and any related products ("Service"). |
ARTICLE I
Acceptance of Terms. By accessing or using this Site you agree to be
bound by these Terms of Use and to any additional guidelines,
restrictions, or rules that may be posted in connection with
specific sections or Services of this Site. All such additional
posted guidelines, restrictions, or rules are hereby incorporated by
reference into these Terms of Use. GLTradePrint.com reserves the right
to make changes to this Site and to these Terms of Use at any time
without prior notice. Our failure to exercise or enforce any right
or provision of this Agreement will not constitute a waiver of such
right or provision. This Agreement, including any future
modifications as may occur within the terms of the Agreement, and
the prices for Services found on our website constitute the entire
agreement between You and GLTradePrint.com, and govern the use of the
Service by You, members of your household, guests and employees.
This Agreement supersedes any prior agreements between You and Us
and any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its subject
matter. If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement will remain valid
and enforceable. Such invalidity or non-enforceability will not
invalidate or render unenforceable any other portion of this
Agreement. |
ARTICLE II
Copyrighted Materials for Limited Use. This Site contains graphics,
photographs, images, document layouts, artwork, text, fonts, music,
software tools, and other information (referred to herein as
�Content�). This Site and all Content are the copyrighted property
of GLTradePrint.com and/or its subsidiaries or the copyrighted
property of parties from whom GLTradePrint.com has licensed such
property. All rights in this Site and its Content are reserved
worldwide. It is strictly prohibited to copy, distribute, publish,
retain, or use any portion of the Content except as expressly
allowed in these Terms of Use. GLTradePrint.com reserves the right to
add, delete, or modify any part of Content at any time without prior
notice. |
ARTICLE III
Permitted Use. You are granted permission to access and use this
Site and its Content for the sole purpose of preparing, evaluating,
and ordering products or services through GLTradePrint.com (referred
to herein as �Products�). No other download, retention, use,
publication, or distribution of any portion of the Content is
authorized or permitted. Obtaining Products from GLTradePrint.com does
not entitle you to use any portion of Content apart from the
finished Products as they are supplied by GLTradePrint.com. |
You agree to use this Site in a responsible
manner that is in full compliance with these Terms of Use and with
all laws and regulations, either local or international. Without
limitation, no portion of Content may be utilized for any unlawful
purpose or use, for any pornographic use, to defame any person, to
violate any person�s right of privacy or publicity, to infringe upon
any copyright, trade name, trademark, service mark or other
intellectual property right of any person or entity. You agree that
you will not use the Site to produce Products that are offensive,
unlawful, harassing, libelous, threatening, harmful, obscene,
malicious or otherwise objectionable. GLTradePrint.com may terminate
its Service to customers found to be using GLTradePrint.com to engage
in undesirable activities. |
You are solely responsible for your use of
Content in combination with any other images, graphics, text or
other materials you incorporate into your Products. You agree that
you will not include any text, image, design, trademark, service
mark, or any copyrighted work of any third party in your Products
unless you have obtained the appropriate authorizations from the
owners. YOU WARRANT THAT YOUR PRODUCTS DO NOT INFRINGE UPON ANY
RIGHTS OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, RIGHT OF
PUBLICITY OR PRIVACY, AND WILL NOT LIBEL OR DEFAME ANY THIRD PARTY,
AND THAT YOU HAVE ALL REQUIRED RIGHTS OR PERMISSIONS NECESSARY TO
INCORPORATE THIRD PARTY MATERIAL INTO YOUR PRODUCTS. BY PLACING AN
ORDER ON THIS SITE, YOU WARRANT THAT YOU HAVE ALL NECESSARY
PERMISSION, RIGHT AND AUTHORITY TO PLACE THE ORDER AND YOU AUTHORIZE
GLTradePrint.com TO PRODUCE THE PRODUCTS ON YOUR BEHALF. |
ARTICLE IV Risk
of Loss. The customer agrees that the shipping terms for all printed
Products are FOB shipping point and ownership transfers to the
customer upon shipment. This means that the risk of loss and title
for such items pass to you upon our delivery to the carrier. For any
Product that is to be provided to the customer in an electronic
format, the customer agrees that delivery of such Product shall be
deemed to have occurred either (a) at the time we transmit the
Product via email or other electronic communication addressed to the
customer or (b) at the time we transmit a notification to the
customer that the Product is available for downloading from the
Site. |
ARTICLE V
Indemnification. You agree that you shall indemnify and defend
GLTradePrint.com and all parties from whom GLTradePrint.com has licensed
portions of Content, and their directors, officers, and employees,
and agents against all claims, liability, damages, costs and
expenses, including reasonable legal fees and expenses arising out
of or related to (i) your breach of these Terms of Use or (ii) any
suit, claim, or demand arising from or relating to any text,
photograph, image, graphic or other material you incorporated into
Products that was not part of the standard Site Content and did/may
infringe on the copyrights, trademarks, intellectual property, or
other proprietary rights of another or stand in violation of any
established law. |
ARTICLE VI
Disclaimer of warranty. THE SITE AND ITS CONTENT ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU
ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR
ERROR FREE. |
ARTICLE VII
Limitation of liability. IN NO EVENT SHALL GLTradePrint.com,
LICENSORS, SUPPLIERS, OR VENDORS, THIRD PARTY INDEPENDENT PRINT
SHOPS, EQUIPMENT SUPPLIERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT
GLTradePrint.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER
FROM GLTradePrint.com OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION,
DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY CAUSED BY
EQUIPMENT FAILURE, DELAY CAUSED BY CARRIER SERVICES, OR ANY
INTERRUPTION OF SERVICE NOT IN CONTROL OF GLTradePrint.com. IN NO
EVENT SHALL GLTradePrint.com BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES
OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR
UNAUTHORIZED USE OF THIS SITE OR IT�S CONTENT. GLTradePrint.comS�
LIABILITY, IF ANY, IS LIMITED TO A REFUND EQUALLING THE MONETARY
VALUE OF THE ORDER PLACED. |
ARTICLE VIII
Mandatory Arbitration and No Jury Trial. Any dispute or claim
between you, any member of your household or any guest or employee
of you and us arising out of or relating to the Service will be
resolved by arbitration before a single arbitrator administered by a
Canadian arbitration organization of our choosing. The arbitration
shall take place in Toronto, Ontario and shall be conducted in
English. The arbitrator's decision will follow the plain meaning of
the relevant documents, and will be final and binding. Without
limiting the foregoing, the parties agree that no arbitrator has the
authority to: (i) award relief in excess of what this Agreement
provides; or (ii) award punitive or exemplary damages. Judgment on
the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be
arbitrated individually. Except to the extent contrary to applicable
law, you shall not bring, or join any class action of any kind in
court or in arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. THIS ARBITRATION PROVISION
CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT
TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS
IN, ONTARIO. |
ARTICLE IX
Governing law. Not withstanding Article VIII the Agreement and the
relationship between You and Us are governed by the laws of the
Province of Ontario and the federal laws of Canada applicable
therein without regard to its conflict of law provisions. To the
extent court action is permitted hereunder, you shall submit to the
personal and exclusive jurisdictions of the courts located within
the Province of Ontario and waive any objection as to venue or
inconvenient forum. REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED. |
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