Terms of
Service
Effective Date: April 4, 2004
Welcome
to the MySignPrinter.com web site. The following Terms of Service
("TOS") contain the terms that govern your use of the Web Site and MySignPrinter.com
Service (as defined below). These TOS describe your rights and responsibilities
and what you can expect from the MySignPrinter.com Service. Use of the MySignPrinter.com
Web Site constitutes acceptance of these TOS. MySignPrinter.com is a Trademark
of SS Graphics, Inc.
SS
Graphics, Inc. reserves the right to add, delete and/or modify any of the terms
contained in this TOS, at any time and in its sole discretion, by posting a new
agreement on the MySignPrinter.com Web Site. If any modification is
unacceptable to you, your only recourse is to not use the Web Site and the MySignPrinter.com
Service. Your continued use of the MySignPrinter.com Web Site following posting
of a new TOS on the MySignPrinter.com Web Site will constitute binding
acceptance of the changes.
1. The MySignPrinter.com Service.
MySignPrinter.com
provides a number of Internet-based services through the Web Site (all such
services, collectively, the "MySignPrinter.com Service"). One such
service enables users to create customized yard signs, signs, magnetic signs
and merchandise, decals, stickers, and banners (collectively,
"Products"). MySignPrinter.com users may create and purchase
individual products for their own use.
2. Use of the Web Site and MySignPrinter.com
Service.
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2.1 Eligibility. SS Graphics,
Inc. will only knowingly provide the MySignPrinter.com Service to parties that
can lawfully enter into and form contracts under applicable law. If you are
under the age of 18, but at least 13 years of age, you may use the MySignPrinter.com
Service only under the supervision of a parent or legal guardian who agrees to
be bound by these TOS. The MySignPrinter.com Service is not intended for
children under the age of 13.
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2.2 Compliance with TOS and
Applicable Law. You must comply with all of the terms and conditions of
these TOS, the applicable agreements and policies referred to below, and all
applicable laws, regulations and rules when you use the MySignPrinter.com Service
and the Web Site.
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2.3 Your License to Use the Web
Site and the MySignPrinter.com Service.
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(a) MySignPrinter.com solely and
exclusively owns all intellectual property and other rights, title and interest
in and to the MySignPrinter.com Service and Web Site, except as expressly
provided for in these TOS. For example and without limitation, SS Graphics,
Inc. owns the trademark MySignPrinter.com(TM), the copyrights in and to the Web
Site. You will not acquire any right,
title or interest therein under these TOS or otherwise.
§
(b) MySignPrinter.com grants you a
limited revocable license to access and use the Web Site and the MySignPrinter.com
Service for its intended purposes, subject to your compliance with these TOS.
This license does not include the right to collect or use information contained
on the Web Site for purposes prohibited by MySignPrinter.com; to compete with MySignPrinter.com;
create derivative works based on the content of the Web Site; or download or
copy the Web Site (other than page caching). If you use the Web Site in a
manner that exceeds the scope of this license or breach this TOS, MySignPrinter.com
may revoke the license granted to you, and pursue any other legal course of
action permitted under applicable state or federal law.
§
(c) This Section 2.3 does not
pertain to your intellectual property rights. For information regarding your
intellectual property rights, please see Section 4.1.
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2.4 Third-Party Services. MySignPrinter.com
may use third parties to provide certain services accessible through the Web
Site. MySignPrinter.com not control those third parties or their services, and
you agree that MySignPrinter.com will not be liable to you in any way for your
use of such services. These third parties may have their own terms of use and
other policies. You must comply with such terms and policies as well as these
TOS when you use these services. If any such terms or policies conflict with MySignPrinter.com’s
TOS, agreements or policies, you must comply with MySignPrinter.com’s TOS,
agreements or policies, as applicable.
3. General Rules.
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3.1 Prohibited Use. You may
only use the MySignPrinter.com Service as expressly permitted by MySignPrinter.com.
You may not cause harm to the Web Site or the MySignPrinter.com Service.
Specifically, but not by way of limitation, you may not: (i) interfere with the
MySignPrinter.com Service by using viruses or any other programs or technology
designed to disrupt or damage any software or hardware; (ii) modify, create
derivative works from, reverse engineer, decompile or disassemble any
technology used to provide the MySignPrinter.com Service; (iii) use a robot, spider
or other device or process to monitor the activity on or copy pages from the
Web Site, except in the operation or use of an internet "search
engine", hit counters or similar technology; (iv) collect electronic mail
addresses or other information from third parties by using the MySignPrinter.com
Service; (v) impersonate another person or entity; (vi) use any meta tags,
search terms, key terms, or the like that contain the MySignPrinter.com name or
trademarks; (vii) engage in any activity that interferes with another user's
ability to use or enjoy the MySignPrinter.com Service; or (viii) assist or
encourage any third party in engaging in any activity prohibited by these TOS.
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3.2 Prohibited Use Promise.
By using the MySignPrinter.com Web Site, you are promising that you are not
using the MySignPrinter.com Service or the Web Site for any of the Prohibited
Uses.
4. Use of Your Content.
You
do not lose ownership of the Content that you design on, or upload to, the Web
Site. By uploading Designs to the Web Site or creating Designs with MySignPrinter.com’s
design tools, however, you grant the following licenses to MySignPrinter.com:
the nonexclusive, worldwide, transferable, sublicensable right to copy, crop,
reproduce, publicly display, sell, and distribute the Design in or on Products
and in advertising, marketing, samples, and promotional materials for the
purpose of promoting the Web Site and Products; and the right to make modifications
to your Design as MySignPrinter.com, in its sole discretion, finds necessary to
achieve the above listed purposes.
You
may remove the Content you designed at any time, and you retain any copyright
and other intellectual property rights in that Content. If you choose to remove
Content that you designed or uploaded and notify MySignPrinter.com of your
intention to terminate the licenses described in the above paragraph, those
licenses will terminate, except that MySignPrinter.com may fulfill all orders that
are in any way derived from that Content placed prior to notice of termination
and may continue to use said Content in marketing and promotional materials.
5. Reservation of Rights.
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5.1 Monitoring. MySignPrinter.com
reserves the right, but does not assume the obligation, to monitor transactions
and communications that occur through the Web Site. If MySignPrinter.com determines,
in its sole and absolute discretion, that you or another MySignPrinter.com user
have breached or will breach a term of these TOS or that such transaction or
communication is inappropriate, MySignPrinter.com may cancel such transaction
or take any other action to restrict access to or the availability of any
material that we may consider objectionable, without any liability to you or
any third party.
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5.2 Modification of the Service.
MySignPrinter.com may modify the MySignPrinter.com Service at any time with or
without notice to you, and will incur no liability for doing so.
6. Submissions.
When
you submit questions, comments, suggestions, ideas, message board postings,
material submitted via web forms, contest entries, communications or any other
information ("Submissions"), you grant MySignPrinter.com permission
to use such Submissions for marketing and other promotional purposes, including
the right to sublicense. You agree that MySignPrinter.com will have no
obligation to keep any Submissions confidential. You will not bring a claim
against MySignPrinter.com based on "moral rights" or the likes
arising from MySignPrinter.com’s use of a Submission. This Section does not
apply to your Content that will appear as part of your product that you use in
connection with MySignPrinter.com Service.
7. Representations and Warranties.
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7.1 Mutual Representations and
Warranties. You represent and warrant to MySignPrinter.com and MySignPrinter.com
represents and warrants to you: (i) that you or it has the full power and
authority to enter into and perform under these TOS, (ii) the execution and
performance of your or its obligations under these TOS do not constitute a
breach of or conflict with any other agreement or arrangement by which you or
it is bound, and (iii) these TOS are a legal, valid and binding obligation of
the party entering into these TOS, enforceable in accordance with their terms
and conditions.
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7.2 By You. You represent and
warrant to MySignPrinter.com that, your use of the MySignPrinter.com Service
and any order that you place with MySignPrinter.com: (i) will not infringe the
copyright, trademark, patent, trade secret, right of privacy, right of
publicity or any other legal right of any third party and (ii) will comply with
all applicable laws, rules, and regulations. You further represent and warrant
to MySignPrinter.com that: (i) there are no claims, demands or any form of
litigation pending, or to the best of your knowledge, threatened with respect
to any of your Content; (ii) MySignPrinter.com will not be required to make any
payments to any third party in connection with its use of your Content, except
for the expenses that MySignPrinter.com incurs in providing the MySignPrinter.com;
(iii) the use of any instructions, formulae, recommendations, or the like
contained in your Content will not cause injury to any third party; and (iv)
your Content does not contain viruses or any other programs or technology
designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
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8.1 Disclaimer of Warranties.
MySignPrinter.com provides the web site and MySignPrinter.com service on an
"as is" and "as available" basis. MySignPrinter.com does
not represent or warrant that the web site, MySignPrinter.com service or its
use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors,
(iii) will meet your requirements, or (iv) will operate in the configuration or
with the hardware or software you use. MySignPrinter.com makes no warranties
other than those made expressly in these TOS, and hereby disclaims any and all
implied warranties, including without limitation, warranties of fitness for a
particular purpose, merchantability and non-infringement.
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8.2 Exclusion of Damages. MySignPrinter.com
will not be liable to you or any third party for any consequential, incidental,
indirect, punitive or special damages (including damages relating to lost
profits, lost data or loss of goodwill) arising out of, relating to or
connected with the use of the MySignPrinter.com service, based on any cause of
action, even if advised of the possibility of such damages.
9. Limitation of Liability.
9. Limitation
of Liability. Except for a breach of a party's representations and
warranties under these TOS or in connection with your indemnity obligations
under these TOS, in no event will of the liability MySignPrinter.com exceed the
value of signs received or services rendered. The value of signs or services
are limited to the stated value on the MySignPrinter.com web site or as quoted
by an authorized MySignPrinter.com agent.
10. Indemnification.
You
agree to indemnify and hold MySignPrinter.com and its employees,
representatives, agents, affiliates, directors, officers, managers and
shareholders (the "Parties") harmless from any damage, loss, or
expense (including without limitation, attorneys' fees and costs) incurred in
connection with any third-party claim, demand or action ("Claim")
brought against any of the Parties alleging that you have breached any of these
TOS through any act or omission, including but not limited to any claim that
your content infringes or violates the legal rights of any other party. If you
have to indemnify MySignPrinter.com under this Section, MySignPrinter.com will
have the right to control the defense, settlement, and resolution of any Claim
at your sole expense. You may not settle or otherwise resolve any Claim without
MySignPrinter.com ‘s express written permission.
11. Termination.
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11.1 Termination. MySignPrinter.com
may suspend or terminate your use of the Web Site or MySignPrinter.com Service
if it believes, in its sole and absolute discretion, that you have breached a
term of these TOS.
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11.2 Survival.
Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless
and until MySignPrinter.com chooses to terminate them.
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11.3 Effect of Termination.
If you or MySignPrinter.com terminates your use of the Web Site or the MySignPrinter.com
Service, MySignPrinter.com may delete any content or other materials relating
to your use of the MySignPrinter.com Service on MySignPrinter.com’s servers or
otherwise in its possession and MySignPrinter.com will have no liability to you
or any third party for doing so.
12. Notice.
All
notices required or permitted to be given under these TOS will be in writing
and delivered to the other party by any of the following methods: (i) U.S.
mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to
SS Graphics, Inc., you must use the following addresses: MySignPrinter.com, c/o SS Graphics, Inc.,
4176 6th Street, Wyandotte, MI
48192. Sales@MySignPrinter.com.
If SS Graphics, Inc. provides notice to you, SS Graphics, Inc. will use the
contact information provided by you to MySignPrinter.com. All notices will be
deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business
days after dispatch, (ii) if by overnight courier, 48 hours after the date
receipt is confirmed by such courier service, or (iii) if by electronic mail,
48 hours after the message was sent, if no "system error" or other
notice of non-delivery is generated. If applicable law requires that a given
communication be "in writing," you agree that email communication
will satisfy this requirement.
13. Dispute Resolution.
All
disputes arising out of, relating to or connected with these TOS or your use of
any part of the MySignPrinter.com Service
will be exclusively resolved under confidential binding arbitration held in
Wayne County, Michigan before and in accordance with the Rules of the American
Arbitration Association, by a sole arbitrator applying Michigan law (without
regard for conflicts of law principles). The arbitrator's award will be binding
and may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under these TOS will
be joined to an arbitration involving any other party subject to these TOS,
whether through class arbitration proceedings or otherwise. Any action to
enforce an arbitrator's award will be brought exclusively in a federal or state
court located in Wayne County, Michigan. Each party hereby irrevocably submits
to the personal jurisdiction of the Federal and Michigan State Courts in Wayne
County. By entering into these TOS, you hereby irrevocably waive any right you
may have to join claims with those of others in the form of a class action or
similar procedural device. Any claim arising out of, relating to or connected
with these TOS or your use of any part of the MySignPrinter.com Service must be
asserted individually. Notwithstanding anything to the contrary in this Section
13, either party may seek equitable relief, including, without limitation,
injunctive relief and specific performance, without the requirement of posting
a bond or other security or proving money damages are insufficient, from a
court of competent jurisdiction.
14. Miscellaneous.
These
TOS will be binding upon each party hereto and its successors and permitted
assigns, and governed by and construed in accordance with the laws of the State
of Michigan without reference to conflict of law principles. These TOS will not
be assignable or transferable by you without the prior written consent of MySignPrinter.com.
These TOS (including all of the policies and other Agreements described in this
TOS, which are hereby incorporated herein by this reference) contain the entire
understanding of the parties regarding its subject matter, and supersedes all
prior and contemporaneous agreements and understandings between the parties
regarding its subject matter. No failure or delay by a party in exercising any
right, power or privilege under these TOS will operate as a waiver thereof, nor
will any single or partial exercise of any right, power or privilege preclude
any other or further exercise thereof or the exercise of any other such right,
power, or privilege. You and MySignPrinter.com are independent contractors, and
no agency, partnership, joint venture, or employee-employer relationship is
intended or created by these TOS. The invalidity or unenforceability of any
provision of these TOS will not affect the validity or enforceability of any
other provision of these TOS, all of which will remain in full force and
effect.