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PrintPlanet web sites, discussion forums, and other services offered through PrintPlanet (the "Services") to you pursuant to the following terms and conditions (the "Terms"). Please read the Terms carefully. When submitting an application to join the PrintPlanet forums and by using the Services, you are stating that you have read and understand the Terms and that you accept and agree to be bound by the Terms.
Access to the Services
In order to access and use the Services, you must provide all equipment, including a computer and modem, necessary to establish a connection with the Internet and World Wide Web. You must also establish your own access to the Internet and World Wide Web and pay any telephone, cable, or other service fees associated with such access. We reserve the right to revoke membership and terminate your access to the Services at our discretion, without notice and for any reason.
You must disclose any relationship, formal or informal, you might have with vendor companies when discussing or addressing them within the services of PrintPlanet.com. This notification should be in your user profile - there are areas for your website(s) and information about yourself. Failure to do so may result in restricted use of the services. In order to keep the forums focused and aid in readability, we ask that all information about yourself, your company, products, and services be included in your user profile and not in individual postings.
Your use of the Services is subject to, and you agree to not use the Services in any manner that is prohibited by or facilitates the violation of, any applicable local, state, national, or international law or regulation. Without limiting the generality of the foregoing, you agree that you will not use the Services to: (a) stalk, harass, or harm another individual; (b) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (c) interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (d) collect or store personal data about other users; (e) post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, "spam," or other forms of solicitation; (f) attempt to gain unauthorized access to other computer systems or to disable or circumvent any security or tracking mechanisms included in or operating in conjunction with the Services; or (g) interfere with anyone else's use and enjoyment of the Services.
You may if you wish at appropriate times briefly share information about yourself and the company with which you are affiliated and any related products and services. Sharing information about your company, products, and services should be relevant to the discussion within which it is mentioned. Frequent posting of such information in unrelated forum threads will be considered spam and can result in such posts and comments being removed. Repeated instances may result in restricted use of the services.
You may not disclose your password to, or share your password with, any unauthorized third parties or use your password for any unauthorized purpose. If you lose control of your password, you agree that PrintPlanet will not be responsible. You will be responsible for any actions that take place on the Services under your password, whether or not you are aware of such actions. If you believe that your password has been stolen or otherwise compromised, you should immediately contact PrintPlanet.
You are solely responsible for the content of any documents, memoranda, notes, commentary, or other information or content you post or send on or through the Services (collectively, your "Content"). You represent and warrant that your Content: (a) does not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy of any third party; (b) does not violate any applicable law, rule, statute, ordinance, or regulation; (c) is not defamatory or trade libelous; (d) does not contain any harmful or deleterious software viruses or other programming routines or codes designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (e) does not contain any obscene, pornographic, indecent, abusive, profane, threatening, or other harassing content. You hereby grant to PrintPlanet a worldwide, royalty-free right to reproduce, publicly display, publicly perform, distribute, and digitally transmit your Content posted to forums.
Third Party Content and Monitoring
PrintPlanet is a distributor (and not a publisher) of content supplied by you and other users of the Services. Accordingly, PrintPlanet has no editorial control over such content. PrintPlanet has the right, but not the obligation, to monitor and review the content on the Services and your account to determine compliance with these Terms. You understand and acknowledge that PrintPlanet does not monitor content for accuracy or reliability. PrintPlanet reserves the right to remove from PrintPlanet's servers, with or without notice, any of your Content that PrintPlanet determines, in its sole discretion, may damage PrintPlanet's systems or create liability for PrintPlanet. You hereby consent to such removal and waive any claim arising therefrom. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of PrintPlanet. PrintPlanet neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Services by anyone other than authorized PrintPlanet spokespersons while acting in their official capacities.
Dealings With Third Parties
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from third parties recommended or discussed by other users on or through the Services are solely between you and such third parties. You agree that PrintPlanet will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
You agree that PrintPlanet, or its licensors, as applicable, possess and retain all right, title, and interest, including all intellectual property and other proprietary rights, in and to the Services (including, but not limited to, this Web site), the software used by PrintPlanet related to the Services and the content) made available through the Services (collectively, "Intellectual Property"). Your use of the Service does not transfer any rights in the Intellectual Property to you. You may not copy, reproduce, distribute, create derivative works, decompile, reverse engineer, modify, alter, or change the Intellectual Property, in whole or in part. In addition, certain names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks, or logos ("Marks") of PrintPlanet or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with PrintPlanet or those other entities.
Modifications To Terms
PrintPlanet may change the Terms periodically. PrintPlanet will notify you of any such changes via e-mail and/or by posting the changes on the PrintPlanet Web sites. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To Services
PrintPlanet reserves the right to modify or discontinue the Services with or without notice to you. PrintPlanet will not be liable to you or any third party should PrintPlanet exercise its right to modify or discontinue the Services. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
Your electronic expressions of assent on the Services (including assent to these Terms) will constitute legally binding signatures.
Disclaimer of Warranties
Limitation of Liability
You agree that to the extent permitted by applicable law, in no event will PrintPlanet or its parents, subsidiaries, affiliates, officers, directors, or employees be liable for any indirect, consequential, incidental, or special damages, including without limitation any damages for loss of profits, use, data, or other intangible losses (even if such parties were advised of, knew, or should have known of the possibility of such damages), however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract, or breach of liability), that result from your use or inability to use the Services or from any unauthorized access to or alteration of your Content.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. Your rights vary from jurisdiction to jurisdiction. To the extent that PrintPlanet may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of PrintPlanet's liability shall be the minimum permitted under such applicable law.
These Terms will be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to any choice of law principles that would require the application of the laws of a different state or country. All lawsuits arising out of the Terms or out of your use of the Services will be brought in the Federal or state courts located in Lexington, KY. You and PrintPlanet hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of PrintPlanet to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms constitute the entire and exclusive statement of the agreement between you and PrintPlanet with respect to the subject matter hereof and supersede any and all prior agreements, oral or written, between you and PrintPlanet with respect to such subject matter.