Welcome to Online Printstore. Online Printstore is comprised of various web
sites, application software, utility & download software, third party
software, communication forums, sales tools and services provided or operated
by The Sefton Group, LLC ("Sefton") or its business partners ("Partners"). These include,
but are not limited to: Online Printstore, BrandKit, Instant Ignition, eTracker and other
software products currently available and future products & releases along with the
www.seftongroup.com website as well as other web sites we may add in the future
(collectively the "Sefton Applications").
With respect to your access and use of the Sefton
Applications, Sefton provides its services to you, subject to the following
Terms of Use ("TOU"), which may be updated by Sefton from time to time without
notice to you, and which updates become effective when posted. You are
responsible for regularly reviewing these terms and conditions.
In addition, when using particular Sefton applications, web
sites or services, you and Sefton shall be subject to any posted guidelines or
rules applicable to such sites or services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into
these TOU. In the event that any of the terms, conditions, and notices contained
herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement
by accessing and using the Sefton Applications and services. If you do not agree to
these TOU, do not access and use the Sefton Applications and services.
1. PERMITTED USE. Subject to these TOU, Sefton hereby
grants you the right to access and use the Sefton Applications. Unless otherwise specified herein, or
agreed-upon by Sefton, the Sefton Applications are for your personal,
non-commercial use only. Sefton retains all rights with respect to the Sefton
Applications except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify,
or otherwise distribute the material on the Sefton Applications unless
specifically authorized in writing by Sefton to do so. You agree not to frame, or assist third
parties in framing, any of the web pages contained in the Sefton Applications. Such framing is strictly prohibited under
this Agreement. The content and software
on the Sefton Applications are the proprietary property of Sefton and/or its
suppliers and Partners and are protected by U.S. and international copyright
and other intellectual property laws. Online
Printstore, onlineprintstore.com and corporateprint.com are trademarks of Sefton.
Sefton and BrandKit are service marks of Sefton. The names of actual companies and
products listed on the Sefton Applications may be the trademarks of their respective
owners.
2. LINKS TO THIRD PARTY SITES. The Sefton
Applications may contain links or produce search results that reference links
to third party web sites ("Linked Sites"). Sefton has no control over these Linked Sites or the content within
them. Sefton cannot and does not
guarantee, represent, or warrant that the content contained in the Linked
Sites, including, without limitation other links, is accurate, legal, and/or
inoffensive. Sefton does not endorse the
content of any Linked Site, nor do we warrant that a Linked Site will not
contain computer viruses or other harmful code that can impact your computer or
other web access device. In addition, the
Sefton Applications contains functionality which enables you to directly link
to Linked Sites. By using the Sefton
Applications to search for or link to another site, whether directly or
indirectly, you agree and understand that any and all such use is entirely at your
own risk, and that you may not make any claim against Sefton for any damages or
losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site is contained
within the Sefton Applications, please contact us and we will investigate the
link and take appropriate action.
3.NO UNLAWFUL OR PROHIBITED USE. As a
condition of your use of the Sefton Applications, you warrant to Sefton that
you will not use the Sefton Applications for any purpose that is unlawful or
prohibited by these TOU. You agree not
to use the Sefton Applications in any manner which could damage, disable,
overburden, or impair the Sefton Applications or interfere with any other
party's use of the Sefton Applications. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Sefton
Applications.
4. USE OF SEFTON COMMUNITY SERVICES. If you participate
in any chat rooms, bulletin boards, or other forum (collectively "Community
Services") within the Applications, you agree that any information, including
without limitation discussion posts, chat posts, web links, advertisements,
articles, white papers, and reviews, posted by you:
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or
privacy;
(d) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
(e) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
(f) shall not be obscene or contain child or other
pornography;
(g) shall not contain any viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
(h) shall not create liability for Sefton, or cause us to
lose (in whole or in part) the services of our ISPs or other suppliers and
Partners; and
(i) shall not link directly or indirectly to links you do
not have a right to link to or include.
Sefton has no obligation to monitor the Community
Services. However, Sefton reserves the right to review materials posted to a
Community Service and to remove any materials in its sole discretion. Sefton
reserves the right to terminate your access to any or all of the Community
Services at any time without notice for any reason whatsoever. Sefton does not control or endorse the
content, messages, or information found in any Community Service, and, therefore,
Sefton expressly disclaims any liability with regard to the Community Services
and any action resulting from your participation in the Community
Services. All such participation is
solely at your own risk.
5. PRIVACY AND DISCLOSURE OF INFORMATION. We
believe that your privacy and the privacy of all our users are important.
Please review our Privacy Policy which can be
found at
www.onlineprintstore.com/marwen/LegalNotice/PrivacyPolicy.asp.
If you post any content to the Sefton Applications, by electronic mail
or otherwise, we will treat it as non-confidential and non-proprietary to
you. By posting any content on the Sefton
Applications, you authorize us to use and allow others to use, distribute, and
reproduce the content.
Sefton reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post, or to remove any
information or materials, in whole or in part, in Sefton' sole discretion.
6. OWNERSHIP OF SUBMITTED CONTENT. Except with
respect to "Customer Content" as set forth below, you agree that any and all
information and content that you provide to the Sefton Applications becomes the
exclusive property of Sefton, and you irrevocably assign all rights of ownership,
including, without limitation, intellectual property rights, to Sefton upon
submission of the information and content. You represent and warrant that you are the owner of such information and
content and are authorized to make such assignment of rights. Notwithstanding the foregoing, the ownership
of, and the rights of the respective parties regarding, any content provided by
you to Sefton that is defined as "Customer Content" in any applicable sales
agreement that may be executed between you and Sefton, shall be in accordance
with the terms of such sales agreement.
7. WARRANTY DISCLAIMER. Sefton does not promise that
the Sefton Applications will be error-free, uninterrupted, nor that the Sefton
Applications will provide specific results from your use of any content, search
or link on them. The Sefton Applications
and all content contained within them are delivered on an "AS IS" and "AS
AVAILABLE" basis. Sefton does not
warrant or represent that files you download or use from the Sefton Applications
will be free of viruses or other harmful features. SEFTON DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SEFTON,
OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE
RELATED TO YOUR USE OF THE SEFTON APPLICATIONS. IN NO EVENT SHALL SEFTON'S AGGREGATE
LIABILITY, OR THE AGGREGATE LIABILITY OF SEFTON'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR
CLAIM RELATED TO OR ARISING OUT OF THE SEFTON APPLICATIONS EXCEED THE GREATER
OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO SEFTON FOR ACCESSING THIS
SITE; OR (B) TEN U.S. DOLLARS ($10.00).
WITHOUT LIMITING THE FOREGOING, COPYING OR REPREDUCTION OF
THE SEFTON APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE,
REPRODUCTION OR REDISTRIBUTION IS EXPRESSSLY PROHIBITED, UNLESS SUCH USE,
REPRODUCTION OR REDISTIRBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE.
SEFTON MAY MAKE AVAILABLE, AS PART OF THE SEFTON
APPLICATIONS, CERTAIN TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SEFTON DOES
NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR OTHER ASSURANCES OF ANY NATURE
WHATSOEVER REGARDING SUCH TOOLS AND
UTILITIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE ACCURACY OF THE RESULTS
OR OUTPUT THAT DERIVES FROM ANY USE THEREOF.
9. ADDITIONAL REPRESENTATIONS AND WARRANTIES. You
represent, warrant, and covenant that (a) you have the power and authority to
enter into this Agreement; (b) you are at least eighteen (18) years of age; and,
(c) you will only use the Sefton Applications in accordance with these TOU.
10. INDEMNITY. You agree to indemnify and hold Sefton and
its Partners, affiliates, officers, directors, agents, and employees harmless
from any liability to third parties, including reasonable attorney's fees,
arising from or related to your breach of this Agreement, or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party.
11. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT.
Sefton respects the intellectual property of others, and we ask you to
do the same. If you believe some content
on the Sefton Applications has been copied in such a way as to constitute
copyright infringement, please contact our Designated Agent below:
President
The Sefton Group, LLC
5649 West 31st Street
Cicero, IL 60804
12. GENERAL. This Agreement shall be governed in all
respects by the laws of the State of Illinois without giving effect to its
conflict of laws provisions. Both parties submit to personal jurisdiction
by and venue in the state and federal courts in the State of Illinois,
County of Cook and further agree that any cause of
action arising under this Agreement shall be brought in such venue.
Notwithstanding the foregoing, Sefton may, at any time, seek injunctive or
other equitable relief, wherever it deems appropriate, to protect or enforce
its rights under this Agreement. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such section.
Sefton's failure to act with respect to a breach by you or others does not
waive its right to act with respect to subsequent or similar breaches. This
Agreement and the terms and conditions contained herein sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof, and supersedes any prior or contemporaneous understanding whether in
written or oral form.
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