You agree that we may provide all legal communications and notices to you electronically by posting them on the Site or, at our election or in the case of any order via Offline Method, by sending an e-mail to the e-mail address you provided to us when you registered at the Site or ordered through such Offline Method. You may withdraw your consent to receive communications from us electronically by contacting customer care.
Use of Site
You are granted permission to access and use the Site and its Content (as defined below) for the sole purpose of interacting with Vistaprint Corporate and/or preparing, evaluating, and ordering products or services solely through Vistaprint Corporate (such products and services are collectively 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 Vistaprint Corporate does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Vistaprint Corporate.
By placing an order on the Site or through any Offline Method, you unconditionally guarantee, represent and warrant that you have all necessary permission, right and authority to place the order and you authorize Vistaprint Corporate to produce the Products on your behalf. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Any customer who purchases Products through the Site or any Offline Method will be deemed to be Vistaprint Corporate’s customer. All of Vistaprint Corporate’s rules, policies and operating procedures concerning customer orders, customer data, customer service and Product sales will apply to such customers and their respective orders. Without limiting the foregoing, Vistaprint Corporate will own and retain all customer data and order information and may, in its sole discretion, use such data and information in accordance with applicable law and its rules, policies and operating procedures.
Intellectual Property Matters
If you upload, email, link (directly or indirectly), provide or otherwise refer Vistaprint Corporate to any text, images, designs, design elements or other content for incorporation into your Products and/or the Site, including without limitation any of your trade names, trade or service marks, trade dress, logos and other marketing materials furnished by you to Vistaprint Corporate (collectively, “Customer Content”), you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use such Customer Content and that Vistaprint Corporate’s provision of such Products will not infringe any trademark, copyright or other right of any other party.
You grant Vistaprint Corporate the right to copy, modify, distribute, use, display, publish, disseminate to third parties, create derivative works of and vectorize any Customer Content for the purpose of fulfilling your order, marketing products or services to you, and/or exercising its rights and fulfilling its obligations hereunder. Moreover, you unconditionally guarantee, represent and warrant that you have sufficient rights to grant such rights to the Customer Content.
Any designs and/or written copy (collectively, “Designs”) prepared by Vistaprint Corporate for you may have similarities to Designs prepared by Vistaprint Corporate for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by Vistaprint Corporate, and Vistaprint Corporate reserves the right to use or make available the same or similar Design or elements thereof for other parties in the present and future. Vistaprint Corporate provides no warranty of any kind that any Design will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any Design is legally available for your use and does not infringe the rights of another party. Except for the Customer Content, all rights in any Design work product, including without limitation both final Designs and all interim and draft Designs, are retained by Vistaprint.
Transfer of Title
The customer agrees that the risk of loss and title for any tangible Product pass to you upon our delivery to Vistaprint Corporate’s carrier. For any Product that is to be provided to you in an electronic format, you agree 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.
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. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
All Products that you order on the Site are customized for you, and therefore there are no returns allowed other than for manufacturing defects. This means that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Vistaprint Corporate does not proof documents created by its customers prior to processing.
If you do encounter a manufacturing defect upon receipt of any Product, please contact your Account Representative. You may be asked to provide additional details and, depending on the particular circumstance, your Account Representative may be able to offer a reprint, refund or merchandise credit. Merchandise credits may be subject to restrictions.
Limitation of Liability
IN NO EVENT SHALL VISTAPRINT CORPORATE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, 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 VISTAPRINT CORPORATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON OR VIA ANY OFFLINE METHOD, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM VISTAPRINT CORPORATE OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VISTAPRINT CORPORATE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in the above section, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Vistaprint Corporate in connection with the Products or the operation or content of the Site shall be provided by the submitter and received by Vistaprint Corporate on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Vistaprint Corporate. By submitting any such information to Vistaprint Corporate, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Vistaprint Corporate shall be free to use such information on an unrestricted basis.
You must be at least 18 years old or otherwise have parent or guardian permission to use the Site or order via any Offline Method. By using the Site or ordering via any Offline Method, you represent and warrant that you are at least 18 years old or have that permission.
In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.