Welcome to E.M. Prints, the website of
E.M. Prints LLC ("E.M. Prints," "we," or "us").
This page explains the terms by which you may use our online and/or mobile
services, website, and software provided on or in connection with the service
(collectively the "Service"). By accessing or using the Service, you
signify that you have read, understood, and agree to be bound by this Terms of
Service Agreement ("Agreement") and to the collection and use of your
information as set forth in the E.M. Prints Privacy Policy, whether or not you
are a registered user of our Service. This Agreement applies to all visitors,
users, and others who access the Service ("Users")
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE
THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY
ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
OUR PROPRIETARY RIGHTS
Except for your User Content, the
Service and all materials therein or transferred thereby, including, without
limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos, music, and
User Content belonging to other Users (the "E.M. Prints LLC
Content"), and all Intellectual Property Rights related thereto, are the
exclusive property of E.M. Prints and its licensors (including other Users who
post User Content to the Service). Except as explicitly provided herein,
nothing in this Agreement shall be deemed to create a license in or under any
such Intellectual Property Rights, and you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any E.M. Prints
Content. Use of the E.M. Prints Content for any purpose not expressly permitted
by this Agreement is strictly prohibited.
You may choose to or we may invite you
to submit comments or ideas about the Service, including without limitation
about how to improve the Service or our Products ("Ideas"). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited
and without restriction and will not place E.M. Prints under any fiduciary or
other obligation, and that we are free to use the Idea without any additional
compensation to you, and/or to disclose the Idea on a non-confidential basis or
otherwise to anyone. You further acknowledge that, by acceptance of your
submission, E.M. Prints does not waive any rights to use similar or related
ideas previously known to E.M. Prints, or developed by its employees, or
obtained from sources other than you.
6. PRIVACY
Privacy. We care about the privacy of
our Users. You understand that by using the Services you consent to the
collection, use and disclosure of your personally identifiable information and
aggregate data as set forth in our Privacy Policy http://www.emprints.ink/site/privacy,
and to have your personally identifiable information collected, used,
transferred to and processed in the United States.
7. SECURITY
E.M. Prints cares deeply about your
personal information and uses commercially reasonable physical, managerial, and
technical safeguards to preserve the integrity and security of your personal
information. However, we cannot guarantee that unauthorized third parties will
never be able to defeat our security measures or use your personal information
for improper purposes. You acknowledge that you provide your personal
information at your own risk.
INDEMNITY
You agree to defend, indemnify and
hold harmless E.M. Prints and its subsidiaries, agents, licensors, managers,
and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising out of or related to: (i) your use of
and access to the Service, including any data or content transmitted or received
by you; (ii) your violation of any term of this Agreement, including without
limitation your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any
right of privacy or Intellectual Property Rights; (iv) your violation of any
applicable law, rule or regulation; (v) User Content or any other information
or content that is submitted via your account including without limitation
misleading, false or inaccurate information; (vi) negligent or willful
misconduct; or (vii) any other party's access and use of the Service with your
unique username, password or other appropriate security code.
PRODUCTS
Limited Warranty and Returns. E.M.
Prints offers a limited warranty on our Products guaranteeing our Products to
be free of material defects. In the event that your Product is not free of
material defects, E.M. Prints will replace such Product at no cost to you. To
be eligible for a replacement Product, you must contact our customer service
team to notify them within fourteen (14) days of receiving your Product. E.M.
Prints reserves the right to request the return of the defective Product to
verify that such Product is defective and eligible for a return under this
limited warranty. There is no redeemable cash value for returned Products. Due
to the custom and personalized nature of our Products, E.M. Prints cannot make returns
for User-driven mistakes or creative choices. It is important that the Users
carefully proof the content and order details of their Products for the
following: (a) poor image quality including low resolution images that may be
insufficient for print; (b) text errors including mistakes in spelling,
grammar, font choice or other text errors or omissions; (c) Product selection
mistakes including Product type, size, style, color and design layout; and (d)
accidental omissions including blank pages or empty photo boxes. Users should
also note that image colors vary from computer monitor to computer monitor. E.M.
Prints relies on its professionally calibrated printing services and therefore
cannot be responsible for color variations that might result from computer
screen differences.
E. Risk of Loss. All Products
purchased from or via the Service are transported and delivered to you by an
independent carrier not affiliated with, or controlled by, E.M. Prints. Title
to Products purchased on the Service, as well as the risk of loss for such
Products, passes to you when E.M. Prints or our supplier delivers these items
to the carrier.
F. Payment Information; Taxes. All
information that you provide in connection with a purchase or transaction or
other monetary transaction interaction with the Service must be accurate,
complete, and current. Certain of the Services may allow or require you to save
a payment method to be used for future purchases. By signing up for these
Services and providing payment details in connection therewith, you consent to E.M.
Prints storing this payment method and charging such account for future
purchases that you approve. You agree to pay all charges incurred by users of
your credit card, debit card, or other payment method used in connection with a
purchase or transaction or other monetary transaction interaction with the
Service at the prices in effect when such charges are incurred. You will pay
any applicable taxes, if any, relating to any such purchases, transactions or
other monetary transaction interactions. You can edit or remove your saved
payment methods at any time from your E.M. Prints account settings.
WARRANTY DISCLAIMEREXCEPT AS OTHERWISE EXPRESSLY
STATED HEREIN, THE SERVICE AND PRODUCTS ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, E.M. PRINTS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER
THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. E.M.
PRINTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE E.M.
PRINTS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND E.M. PRINTS WILL NOT
BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.13. LIMITATION OF LIABILITYTO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL E.M. PRINTS, ITS
AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF,
OR INABILITY TO USE, THIS SERVICE OR PRODUCTS. UNDER NO CIRCUMSTANCES WILL E.M.
PRINTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING,
TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR
THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, E.M. PRINTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE
OR THE PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY
ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN
NO EVENT SHALL E.M. PRINTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE
AMOUNT YOU PAID TO E.M. PRINTS HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS
LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
E.M. PRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND
LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW. The Service is controlled and operated from
facilities in the United States. E.M. Prints makes no representations that the
Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition
and are entirely responsible for compliance with all applicable United States
and local laws and regulations, including but not limited to export and import
regulations. You may not use the Service if you are a resident of a country
embargoed by the United States, or are a foreign person or entity blocked or
denied by the United States government. Unless otherwise explicitly stated, all
materials found on the Service are solely directed to individuals, companies,
or other entities located in the United States.14. GOVERNING LAW AND
ARBITRATION.A. Governing Law. You agree that: (i) the Service shall be deemed
solely based in South Dakota; and (ii) the Service shall be deemed a passive
one that does not give rise to personal jurisdiction over E.M. Prints, either
specific or general, in jurisdictions other than South Dakota. This Agreement
shall be governed by the internal substantive laws of the State of South Dakota,
without respect to its conflict of laws principles. The parties acknowledge
that this Agreement evidences a transaction involving interstate commerce.
Notwithstanding the preceding sentences with respect to the substantive law,
any arbitration conducted pursuant to the terms of this Agreement shall be
governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of
the United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded. You agree to submit to the personal jurisdiction of the
federal and state courts located in the City and County Spearfish, South Dakota
for any actions for which we retain the right to seek injunctive or other
equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a our copyrights,
trademarks, trade secrets, patents, or other intellectual property or
proprietary rights, as set forth in the Arbitration provision below. B.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO
ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF
FROM E.M. PRINTS. In the unlikely event that E.M. Prints has not been able to
resolve a dispute it has with you after 60 days, we each agree to resolve any
claim, dispute, or controversy (excluding any E.M. Prints claims for injunctive
or other equitable relief) arising out of or in connection with or relating to
these Terms of Service, or the breach or alleged breach thereof (collectively,
"Claims"), by binding arbitration by the Judicial Mediation and
Arbitration Services ("JAMS") under the Optional Expedited
Arbitration Procedures then in effect for JAMS, except as provided herein. The
arbitration will be conducted in Lawrence County, South Dakota, unless you and E.M.
Prints agree otherwise. Each party will be responsible for paying any JAMS
filing, administrative and arbitrator fees in accordance with JAMS rules. The
award rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys' fees and reasonable costs for expert and other witnesses, and any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. Nothing in this Section shall be deemed as preventing E.M.
Prints from seeking injunctive or other equitable relief from the courts as
necessary to protect any of E.M. Prints proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES'
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND,
UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU
AND E.M. PRINTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE
IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND.15. GENERALA. Assignment. This Agreement,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by E.M. Prints without restriction. Any
attempted transfer or assignment in violation hereof shall be null and void. B.
Notification Procedures and Changes to the Agreement. E.M. Prints may provide
notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to you via email notice, written
or hard copy notice, or through posting of such notice on our website, as
determined by E.M. Prints in our sole discretion. E.M. Prints reserves the
right to determine the form and means of providing notifications to our Users,
provided that you may opt out of certain means of notification as described in
this Agreement. E.M. Prints is not responsible for any automatic filtering you
or your network provider may apply to email notifications we send to the email
address you provide us. E.M. Prints may, in its sole discretion, modify or
update this Agreement from time to time, and so you should review this page
periodically. When we change the Agreement in a material manner, we will update
the ‘last modified' date at the bottom of this page. Your continued use of the
Service after any such change constitutes your acceptance of the new Terms of
Service. If you do not agree to any of these terms or any future Terms of
Service, do not use or access (or continue to access) the Service. C. Entire
Agreement/Severability. This Agreement, together with any amendments and any
additional agreements you may enter into with E.M. Prints in connection with
the Service, shall constitute the entire agreement between you and E.M. Prints
concerning the Service. If any provision of this Agreement is deemed invalid by
a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect, except that in the event of unenforceability
of the universal Class Action/Jury Trial Waiver, the entire arbitration
agreement shall be unenforceable. D. No Waiver. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or any
other term, and E.M. Prints failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision. E.
Government Use Rights. If the Service is licensed to the United States
government or any agency thereof, then the Service will be deemed to be
"commercial computer software" and "commercial computer software
documentation," respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212, as applicable. Any use, reproduction, release, performance,
display or disclosure of the Service and any accompanying documentation by the
U.S. Government will be governed solely by these Terms of Service and is
prohibited except to the extent expressly permitted by these Terms of Service.
F. Contact. Please contact us at emprintsshop@gmail.com with any questions
regarding this Agreement. This Agreement was last modified on August 8, 2018.