You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
- Copyrighted Materials for Limited Use
The design tools and services provided on this Site (including, for example, product and logo design tools and services) employ various design elements, including product templates, images, fonts, color schemes, graphics, illustrations, logos, photos and design effects. Vistaprint reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products.
Other Vistaprint customers may use the design tools and services to create Designs (defined herein to include designs and/or logos) that have similar or identical combinations of design elements to your Design and Vistaprint does not guarantee that your Design will not have similarities to Designs created and used by other parties. In the event that you create a Design that is a derivative work based on or incorporating design elements and/or other Content, all rights in and to such design elements or Content shall continue to be owned by Vistaprint or its licensors.
Vistaprint provides no warranty of any kind that Designs created using the design tools, services and the Content 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 the Design is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a release is required in connection with the intended use of your Design and for obtaining such a release.
Use of Site
Unless otherwise stated, 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 solely through Vistaprint (referred to herein as “Products”). No other download, retention, extraction, copying, modification, use, publication, or distribution of the Content or any portion of the Content is authorized or permitted. Obtaining Products from Vistaprint does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Vistaprint.
RESTRICTIONS ON USE
Without limitation, no portion of Content may be utilized:
(b) sub-as part of a trademark, service mark, design mark, trade name, business name, or logo;
(c) for any use that is pornographic, offensive, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable;
(d) for any unlawful purpose or use;
(e) for any use that is libelous or slanderous or otherwise defamatory, obscene, or indecent;
(f) to violate any person’s right of privacy or publicity;
(g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
(h) to cause or allow any Design to appear on more than 500,000 printed Products or to be incorporated into a television program, video, or other digital production if the audience is expected to be greater than 500,000 viewers, in total;
(i) for any use that would reasonably imply that Vistaprint, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic or other opinion-based movements or parties; or
(j) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including escort or similar services; political endorsements; or in a way that implies mental or physical illness or impairment.
For the avoidance of doubt, no Content or portion thereof may be used on its own as a Trademark or Service mark. You agree and acknowledge that any Trademark or Service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of Content for similar goods and services.
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 Vistaprint to produce the Products on your behalf. You grant Vistaprint the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Vistaprint to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
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.
Transfer of Title
You agree that the risk of loss and title for any printed Product pass to you upon our delivery to our 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.
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.
Vistaprint’s Satisfaction Guarantee is good for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Vistaprint´s control and may not be covered by the Satisfaction Guarantee. Please note 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 does not proof documents created by its customers prior to processing.
Limitation of Liability
IN NO EVENT SHALL VISTAPRINT OR ITS 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 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 OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM VISTAPRINT OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VISTAPRINT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Vistaprint in connection with the operation or content of this Site shall be provided by the submitter and received by Vistaprint on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Vistaprint. By submitting any such information to Vistaprint, 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 shall be free to use such information on an unrestricted basis.
The party you are contracting with and the seller of the products and services offered and sold on this Site is Vistaprint Netherlands B.V., a limited company organized under the laws of the Netherlands with its headquarters in Venlo, the Netherlands. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the Netherlands. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Amsterdam, the Netherlands. You agree to submit to the jurisdiction of courts sitting in Amsterdam, the Netherlands and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Vistaprint that a court sitting in Amsterdam is an inconvenient forum for such legal action or proceeding.