Pressworks Storefronts Terms and Conditions
Welcome to Pressworks Print on Demand Storefront. It provides companies a safe and convenient method for distributing custom corporate collateral both static and dynamic. However, before you use or access the Pressworks on Demand Print Storefront, as defined below, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Pressworks that you will use the Pressworks Print on Demand Store Front only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Pressworks web site, or any native apps or mobile platforms provided by Pressworks is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Pressworks Print on Demand Store Front.
Pressworks is committed to ensuring that the Pressworks Print on Demand Store Front remains a fun and safe place to Process photographs. To that end, the Pressworks Print on Demand Store Front allows End user s to be creative with their Content. Users of the Pressworks Print on Demand Store Front, whether or not End user s, may not use the Pressworks Print on Demand Store Front to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that Pressworks believes:
Pressworks has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Pressworks Print on Demand Store Front may be subject to examination from time to time. Although Pressworks does not and will not examine or otherwise review all Content submitted or transmitted to the Pressworks Print on Demand Store Front, Pressworks may delete, move, and edit Content for any reason, at any time, without notice.
All content (whether private or public) that is processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
Pressworks in no way guarantees the accuracy, quality, or appropriateness of Content available through the Pressworks Print on Demand Store Front.
The Pressworks Print on Demand Store Front is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Pressworks Print on Demand Store Front.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PRESSWORKS , INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "PRESSWORKS AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (COLLECTIVELY “CLAIMS”), INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE PRESSWORKS PRINT ON DEMAND STORE FRONT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING ANY CLAIMS RELATED TO (i) ANY CONTENT SUBMITTED BY YOU, (ii) YOUR ACTIVITIES ON THE PRESSWORKS WEB SITE, OR ANY ACTIVITIES MADE IN CONNECTION WITH YOU (OR ANY OF YOUR INVITEES) OBTAINING ANY PRODUCTS OR PRESSWORKS PRINT ON DEMAND STORE FRONTS FROM PRESSWORKS OR (iii) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT BY YOU OR BY ANY OTHER PERSON ACCESSING THE PRESSWORKS PRINT ON DEMAND STORE FRONT AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL PRESSWORKS OR PRESSWORKS AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE PRESSWORKS PRINT ON DEMAND STORE FRONT, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, PRESSWORKS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE PRESSWORKS PRINT ON DEMAND STORE FRONT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE PRESSWORKS PRINT ON DEMAND STORE FRONT, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PRESSWORKS PRINT ON DEMAND STORE FRONTS, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PRESSWORKS PRINT ON DEMAND STORE FRONT, OR (v) ANY OTHER MATTER RELATING TO THE PRESSWORKS PRINT ON DEMAND STORE FRONT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Pressworks may, in its sole discretion, terminate your End user ship (or any part thereof) or your use of the Pressworks Print on Demand Store Front, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Pressworks elsewhere within the Pressworks Print on Demand Store Front, or (ii) conduct Pressworks believes is harmful to other Pressworks users or the business of Pressworks , or (iii) failure to maintain Active Participation in the Pressworks Print on Demand Store Front. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Pressworks Print on Demand Store Fronts, the Site, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Site or these Terms will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution Pressworks Print on Demand Store Front, JAMS, for binding arbitration under its rules then in effect in the California area and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Site, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Site you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us. If, for any reason, this arbitration provision is not upheld, the exclusive forum and venue to resolve any disputes arising out of or otherwise relating to these Terms or the Site will be in the state and federal courts of Ohio.
Pressworks may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Pressworks Print on Demand Store Front or any part of the Pressworks Print on Demand Store Front. Any amendments or modifications made by Pressworks will be prospective only.
These Terms constitute the entire agreement between you and Pressworks governing your use of the Pressworks Print on Demand Store Front. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Pressworks Affiliate Pressworks Print on Demand Store Fronts, third-party Content, or third-party software.
There is no right to withdraw as all goods and Pressworks Print on Demand Store Fronts on our websites are made to your specification. However, if goods or Pressworks Print on Demand Store Fronts are faulty, the terms under Notice of Defects apply.
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting http://pressworks.us/contact/ as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Pressworks within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) It is important to notice that all sizes mentioned in the site are approximate and some deviations can be expected as the products are created on an individual basis.