Terms Of Service
Welcome to Printfresh Online, a service of Printfresh LLC (â€œweâ€, â€œourâ€). At Printfresh Online, you may view and select for purchase or license our collection of illustrations, images, and graphics (the â€œArtworkâ€). By indicating your acceptance of the following terms of service agreement (â€œAgreementâ€), you agree to be bound by and comply with its terms. Please review this Agreement thoroughly prior to accepting its terms. If you do not agree to these terms, you should not use Printfresh Online.
We may revise and update this Agreement from time to time. If you are a registered Printfresh Online user, we will attempt to inform you of any material changes by email. Otherwise, you may always view the most recent version of the Agreement on the Printfresh Online website.
Your Printfresh Online Account
To create a Printfresh Online account, you will be required to provide us with information including your name, company name (if applicable), telephone number, and email address (â€œAccount Informationâ€). You agree to provide accurate, current, and complete Account Information. You may update your Account Information, including user name and password, at any time by accessing your account on the Printfresh Online site.
You are solely responsible for maintaining the security of your Account Information, and for any and all use of your Printfresh Online account. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
Use of Printfresh Online
You may reserve for purchase or license any Artwork listed as available on Printfresh Online (â€œReservationsâ€). You agree and understand that Printfresh Online does not guarantee that reserved Artwork will be available for purchase or license. We will review all Reservations and inform you by the end of the next business day if the reserved Artwork is available for purchase or license. If so, we will send you a separate purchase or license agreement and invoice. If you then inform us that you choose not to purchase or license the reserved Artwork, the Reservation will be removed.
Reservations will be held until (a) you release the Reservation, (b) you inform us that you choose not to purchase or license the Artwork, or (c) we inform you that the Artwork is unavailable for purchase or license.
You agree that you shall not use Printfresh Online in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) abuse the Reservation process, (iii) exploit Printfresh Online in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (iv) sublicense, sell, resell, or otherwise convey Printfresh Online or any elements thereof. Any unauthorized use of Printfresh Online, including abuse of the Reservation process, may result in suspension or termination of your Printfresh Online account.
Printfresh LLC owns and retain all rights, including the worldwide copyright, in Printfresh Online and the Artwork (the â€œPrintfresh Contentâ€) solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. We expressly reserve all rights not granted to you hereunder.
You may not (i) take screenshots of the Printfresh Online website or any elements thereof or images thereon, including but not limited to Artwork, or (ii) download, copy, or otherwise use any Artwork for any purpose unless and until you have entered into an agreement for the purchase or license of such Artwork. Permitted uses of Artwork will be governed by the terms of any such agreements.
Representations And Warranties
You represent and warrant that (i) your use of Printfresh Online will comply with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party, and (ii) you will not use Printfresh Online in any way whatsoever except as in compliance with the terms of this Agreement.
PRINTFRESH ONLINE AND THE ARTWORK ARE PROVIDED â€œAS ISâ€ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRINTFRESH LLC MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, PRINTFRESH LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
PRINTFRESH LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, PRINTFRESH ONLINE OR THE ARTWORK. YOUR USE OF PRINTFRESH ONLINE AND THE ARTWORK IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
PRINTFRESH LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE SERVICES, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH PRINTFRESH ONLINE IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF PRINTFRESH ONLINE OR THE ARTWORK, OR FROM THE CONDUCT OF ANY USERS OF PRINTFRESH ONLINE, WHETHER ONLINE OR OFFLINE.
PRINTFRESH LLC, ITS VENDORS, officers, DIRECTORS, managers, SHAREHOLDERS, employees, agents, contractors, OR licensors, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFItS, LOSS OF DATA, ANY direct, indirect, incidental, punitive, special or consequential damages, OR CLAIMS OF THIRD PARTIES, (II) any loss or damage of any kind incurred as a result of the use of or reliance upon THE COMPLETENESS OR ACCURACY OF any CONTENT OR INFORMATION MADE AVAILABLE VIA PRINTFRESH ONLINE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY even if WE HAVE BEEN advised of OR SHOULD HAVE BEEN AWARE OF their possibility.
You agree to indemnify, defend, and hold harmless Printfresh LLC and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including reasonable attorneysâ€™ fees, made by any third party due to or arising out of your use of Printfresh Online, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to terminate or restrict access to your Printfresh Online account at any time for any reason, or for no reason whatsoever, including in the event of any breach by you of this Agreement. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of Printfresh Online. We will not be liable to you or any third party for such termination or restriction.
A failure of Printfresh LLC to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of Printfresh Online, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.
If you have any questions or concerns about this Agreement or Printfresh Online, please click here to contact us.