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Promobox Terms And Conditions

 

Vistaprint Promobox Service Member Agreement

1. General

These Terms of Use establish the terms under which Cimpress N.V. and/or its affiliates, including but not limited to Vistaprint Netherlands B.V. (“Vistaprint”) will provide products and services in connection with your Promobox subscription. The general Vistaprint Terms of Use, available at http://www.vistaprint.com, including all product-specific Terms of Use or Terms and Conditions referred to in the general Vistaprint Terms of Use, are incorporated by reference into and made a part of these Promobox Terms of Use, except to the limited extent that any such Terms of Use or Terms and Conditions are expressly modified below. By ordering a Promobox subscription, you agree to be bound by these Terms of Use. Please read them, including the general Vistaprint Terms of Use and any other Terms of Use and Terms and Conditions incorporated herein, carefully.

2. Designs

If you subscribing to Promobox on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use. If you provide Vistaprint with any text, images, designs, or other content for incorporation into your Promobox products (the “Subscriber Content”), you unconditionally guarantee that you have all appropriate and necessary right and authority to use such Subscriber Content and that your use will not infringe any trademark, copyright, or other right of any other party. The designs and/or written copy (collectively, the “Promobox Designs”) prepared by Vistaprint for you as part of your Promobox subscription may have similarities to Promobox Designs prepared by Vistaprint for other parties. You are obtaining no right or claim of any kind to any individual Promobox Design element or elements provided by Vistaprint and Vistaprint reserves the right to use the same or similar Promobox Design elements in other Promobox projects or otherwise for other parties in the future. Except for the specific content provided to Vistaprint by you, all rights in all Promobox work product, including without limitation both final Promobox Designs and all interim and draft Promobox Designs, are retained by Vistaprint. Your right to use any Promobox Designs prepared by Vistaprint for you is limited to the finished printed products in the form they are supplied to you by Vistaprint. You may not copy, disassemble, modify, or transfer any such Promobox Designs. Vistaprint reserves the right, in Vistaprint’s sole discretion, to refuse to accept any content provided by you to Vistaprint or to terminate any Promobox subscription at any time and for any reason. You agree that Vistaprint shall have no liability of any kind to you or to any third party arising from such refusal or termination. Vistaprint reserves the right to make changes to these Terms of Use and to the products and services offered by Promobox at any time without prior notice. You should review these Terms of Use, and the incorporated Vistaprint Terms of Use, each time you access the Promobox site. Vistaprint reserves the right to use any Promobox Designs and/or your finished Promobox products as sample work for advertising and promotional purposes and for internal purposes.

3. Subscriptions

You hereby authorize Vistaprint to charge your valid and current credit or debit card in advance for all applicable costs and fees incurred by you in connection with your Promobox subscription. Any applicable costs and fees will be posted on the Vistaprint website. Your subscription will automatically renew at the end of each applicable subscription period, unless you terminate your subscription in advance of the end of the then-current subscription period. No partial credit or refund will be given in respect of the subscription period in which you cancel your subscription; however, you will receive the Promobox for which you have paid in respect of that subscription period. If you registered for the Promobox subscription using a Vistaprint promotional code or discount, after the initial promotional period expires, your subscription will automatically be renewed and billing will continue at the then-current prices for the Promobox subscription. You further acknowledge that it is your responsibility to notify Vistaprint of any changes to your credit card and to update your credit card number if your credit card has expired, or your Promobox subscription may be terminated or interrupted. All fees associated with your Promobox subscription shall be paid in the currency referenced on the Vistaprint website at checkout.

Vistaprint reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new Promobox products and services) at any time and from time to time, provided, however, that Vistaprint will provide you with reasonable notice prior to making any fee changes to existing Promobox subscriptions. If you find any change to the pricing to be unacceptable for your continued Promobox subscription, you are free to cancel your Promobox subscription at any time, but Vistaprint will not be obligated to refund any portion of your pre-paid fees in respect of the subscription period in which you cancel.

You agree to pay your Promobox subscription balance when due. You also agree to pay any taxes, including sales, use, value added or other similar taxes, resulting from your Promobox subscription. You are responsible and liable for any fees, including attorney and collection fees, that Vistaprint may incur in its efforts to collect any remaining balances due from you. This paragraph shall in no way limit any other remedies available to Vistaprint at law or in equity. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if your Promobox subscription is terminated due to your breach of this Agreement. You must notify Vistaprint of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card or debit card account statement. If you do not notify Vistaprint within sixty (60) days, you waive any right to dispute such problems or discrepancies.

4. Subscription Registration / Privacy Policy

In order for you to subscribe to Promobox, Vistaprint will require you to provide specific information about you and (if applicable) your business or organization. You agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You shall maintain with Vistaprint a valid email address for you at all times. You shall be responsible for maintaining the confidentiality of your Vistaprint account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You be responsible for all actions by such users, including without limitation present and former employees, partners, agents and representatives, and shall indemnify Vistaprint for such actions as set forth in Section 8.

Any information supplied by you upon registering for your Promobox subscription and any other information supplied by you about you and/or your business or organization (collectively, "Subscriber Data") is subject to Vistaprint's Privacy Policy. You should review the Vistaprint Privacy Policy, a copy of which is available on the Vistaprint website. Vistaprint reserves the right to update or change the Privacy Policy from time to time in its sole discretion.

5. Returns and Refunds

BECAUSE EACH PROMOBOX IS CUSTOMIZED AND DEVELOPED SPECIFICALLY FOR YOU, WE OFFER NO REFUNDS ON ANY PROMOBOX. HOWEVER, ANY PRODUCTS INCLUDED IN A PROMOBOX THAT YOU THEN PURCHASE SEPARATELY FROM VISTAPRINT.COM WILL BE SUBJECT TO THE SATISFACTION GUARANTEE FOUND IN VISTAPRINT’S GENERAL TERMS OF USE.

6. Proprietary Rights to Subscriber Content

Vistaprint does not claim ownership of the Subscriber Content that you provide to Vistaprint and Vistaprint acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights in any Subscriber Content. Notwithstanding the foregoing, you hereby grants Vistaprint a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, royalty-free, license to copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, publish, remove, retain, add to, combine with information provided by third parties, and publicly display the Subscriber Content in Vistaprint’s promotional and advertising materials for the limited purpose of promoting Promobox products and services. You also hereby grant Vistaprint the perpetual and irrevocable right to delete any or all of the Subscriber Content from Vistaprint’s servers, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other person. You agree that even though you retain certain copyright or other intellectual property rights in the Subscriber Content, you do not own any data stored on Vistaprint servers (including without limitation any data representing or embodying any or all of the Subscriber Content). No compensation will be paid or due to you with respect to Vistaprint’s use of the materials as licensed in accordance with the foregoing terms. By submitting, posting, uploading, transmitting or otherwise making available any Subscriber Content, you represent and warrant that you own or otherwise control the rights necessary to do so and to grant Vistaprint the license set forth above, and, pursuant to the terms set forth in Section 8, you will defend, indemnify and hold harmless Vistaprint and the other Indemnified Parties from any third party claim related to a breach of any of the foregoing representations and warranties.

7. Modification/Termination of Promobox Products and Services

Vistaprint reserves the right, in its sole discretion, at any time and from time to time, to modify, replace, remove, suspend or discontinue the Promobox subscriptions, products and services (or any part or feature thereof), temporarily or permanently, including the imposition of limits on certain features and services or restriction of access to parts or all of the Promobox subscriptions, products and services, with or without notice. Vistaprint also reserves the right, in its sole discretion, at any time, to cancel, suspend, disable or refuse access to the Promobox subscriptions, products and services, or Subscriber Content of you or any third party, with or without prior notice. You agree that Vistaprint shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Promobox subscriptions, products and services, or for any cancellation, suspension, disabling or refusal of access to the Promobox subscriptions, products and services, or Subscriber Content of you or any third party. If you do not agree to any such modifications, your sole and exclusive remedy is to cancel your Promobox subscription.

8. Indemnification

You agree to indemnify, defend and hold Vistaprint and its suppliers, licensors, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from and against any and all claims and demands, losses, liability, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, “Liabilities”), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement including without limitation your breach of any of its representations and warranties or covenants herein; (ii) any allegation that any Subscriber Content or other information or content not provided by Vistaprint infringes a third person's copyright, trademark or other proprietary or intellectual property right, or misappropriates a third person's trade secrets or is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable; (iii) any dispute or litigation between an Indemnified Party and a third party or any other third party claim caused by, arising from or relating to your actions or omissions in relation to this Agreement or any Subscriber Content; (iv) your negligence or intentional misconduct; or (v) your business dealings with any of your customers, including, without limitation, the provision of any products or services to such customers. These obligations will survive any termination of your Promobox subscription. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Vistaprint and/or its suppliers, licensors, affiliates, partners, subsidiaries and employees.

9. Export Controls

You, not Vistaprint, will be responsible for complying with all applicable United States laws, rules and regulations relating to export compliance. Without limiting the generality of the foregoing, you shall ensure that all Subscriber Content not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, you will so notify Vistaprint immediately and you will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and regulations. You further represent and warrant that you are not yourself subject to export restrictions imposed by any such laws, rules and regulations.

10. Notices

Statements, notices and other communications to you may be made by mail, email or Vistaprint's website, or other reasonable means. You shall be solely responsible for updating your account's registered email and postal address. Vistaprint shall not be responsible for any undelivered notices caused by your failure to update your account information. Without limiting the generality of the foregoing, Vistaprint may provide notices of changes to this Agreement and Promobox products and services by displaying notices or links to notices generally on the Vistaprint website. You should refer to Vistaprint's website for information on how to contact and/or provide notice to Vistaprint.

11. General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Vistaprint’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Vistaprint, and any such attempted assignment shall be void. Vistaprint shall have the right to freely assign all or part of this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent of or notice to you. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement, together with the Vistaprint’s general terms of use and privacy policy, sets forth the entire understanding and agreement between Vistaprint and you with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

12. Information for California Residents

Under California Civil Code Section 1789.3, California customers are entitled to the following specific consumer rights information:

a. Pricing Information - Current rates for using Promobox service may be obtained by going to your Promobox dashboard on the Vistaprint website. Vistaprint reserves the right to change any fees, surcharges, and/or monthly fees or to institute new fees at any time.

b. Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

13. Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED POLICIES REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.