Terms and Conditions

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.

I. End User Conduct

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:

1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
3. Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Pressworks Print on Demand Store Front (collectively “Corruptive Code”);
5. Advocates illegal activity;
6. Violates any law or regulation;
7. Harms anyone, including minors; or,
8. Provides a link to any of the above;

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.

II. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

III. Intellectual Property

1. Ownership. You will retain ownership of your Content and any rights granted to Pressworks herein are granted as a license. Note, however, that while you retain ownership of your Content, any material, tools, features, template or layout provided to you by Pressworks  in which you use to arrange or organize such Content are not proprietary to you, and the rights to such template or layout will remain with Pressworks .
2. Content License. In order for Pressworks  to provide our Pressworks Print on Demand Store Fronts to you and your invitees, as a condition to End user ship you hereby grant to Pressworks  and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Pressworks Print on Demand Store Front to you or your invitees, (b) showing you how your Content would appear in a product or Pressworks Print on Demand Store Front offered by Pressworks  or one of its agents or (c) improving the Pressworks Print on Demand Store Front (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a mug or calendar that includes one of your images, in case you may want to purchase such an item. Likewise, we may send you images that you made at various points during your end user ship to remind you of your past memories.
3. Warranty. As a condition to End user ship, you represent and warrant to Pressworks that you either own your Content or have written permission from the copyright owner to make such Content available to the Pressworks Print on Demand Store Front and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trade secret right or other intellectual property or other property right of any third party.

1. Personal Rights. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in this Agreement. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to Pressworks.

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.

IV. Indemnity

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.

V. Limited Warranty

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.

1. ANY PRODUCT OR PRESSWORKS PRINT ON DEMAND STORE FRONT MADE AVAILABLE THROUGH THE PRESSWORKS PRINT ON DEMAND STORE FRONT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PRESSWORKS PRINT ON DEMAND STORE FRONT IS AT YOUR OWN RISK

1. PRESSWORKS AND PRESSWORKS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRESSWORKS  MAKES NO WARRANTY THAT (i) THE PRESSWORKS PRINT ON DEMAND STORE FRONT WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE PRESSWORKS PRINT ON DEMAND STORE FRONT IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE PRESSWORKS PRINT ON DEMAND STORE FRONT WILL MEET YOUR REQUIREMENTS. PRESSWORKS  MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR PRESSWORKS PRINT ON DEMAND STORE FRONTS THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE PRESSWORKS PRINT ON DEMAND STORE FRONT OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRESSWORKS PRINT ON DEMAND STORE FRONT IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

VI. LIMITATION OF LIABILITY

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.

VII. Termination

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.

VIII. Choice of Law

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.

VIIII. Modification of Terms

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.

X. Entire Agreement

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.

1. The failure of Pressworks to exercise or enforce any Term will not constitute a waiver of such Term. If any Term 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 the other provisions of these Terms remain in full force and effect.
2. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Pressworks Print on Demand Store Front or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

XV. No Right to Withdraw

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.

XVI. Notice of Defects

(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.