Terms of service
OVERVIEW
This website is operated by Stickers & Posters. Throughout the site, the terms “we”, “us”, "S&P" and “our” refer to Stickers & Posters. S&P offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
1. Applicability.
These Terms and Conditions for Printing Services (these "Terms") govern the provision of Printing Services (as defined below) by Stickers and Posters, LLC ("SP") to the Customer ("You"). These Terms and any order acknowledgement, quotation or other applicable documentation issued by SP comprise the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
2. Customer Materials.
Customer will provide images, designs, logos or other materials (collectively, “Customer
Materials”) to SP for printing in the form of posters, stickers, wrapping paper or other prints (“Printing Services”). Customer will not provide any Customer Materials which are unlawful, threatening, abusive, defamatory, or obscene or which Customer has no legal right to provide. As between Customer and SP, Customer will retain all right, title and interest in and to the Customer Materials, and SP will not use the Customer Materials for any purpose other than the performance of the Printing Services without the prior written consent of Customer.
3. Customer Representations and Warranties.
Customer represents and warrants that: (a) Customer owns or has licensed all rights in and to the Customer Materials which are necessary for SP to perform the Printing Services; and (b) neither the Customer Materials nor SP’s use thereof to perform the Printing Services will infringe any patent, trademark, trade name, trade secret, copyright, or any other intellectual property or proprietary right of any third party.
4. Indemnification.
Customer shall indemnify, defend and hold harmless SP, its affiliates, and their officers, directors, employees, agents, successors and assigns from and against any and all suits, actions, claims, damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer’s negligence or willful misconduct; (b) Customer’s breach of these Terms; (c) Customer’s violation of applicable law; and (d) SP’s use of the Customer Materials, except to the extent caused by SP’s gross negligence or willful misconduct.
5. Disclaimer.
SP MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRINTING SERVICES, INCLUDING BUT NOT LIMITED TO ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY OF NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
6. Limitation of Liability.
IN NO EVENT SHALL SP BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE
TERMS OR THE PRINTING SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED FIFTY PERCENT (50%) OF THE AGGREGATE AMOUNTS PAID TO SP FOR THE PRINTING SERVICES.
7. Miscellaneous.
These Terms: (a) may be amended only by a writing signed by each of the parties; (b) may be executed in several counterparts, each of which is deemed an original but all of which constitute one and the same instrument; (c) are governed by, and will be construed and enforced in accordance with, the laws of the State of Iowa, without giving effect to any conflict of laws rules; and (d) are binding upon, and will inure to the benefit of, the parties and their respective heirs, successors and permitted assigns. Each party expressly consents to the exclusive jurisdiction of the federal, state and local courts serving Buena Vista County, Iowa, to govern all disputes arising out of this Agreement. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. Customer may not assign these Terms without the prior written consent of SP. Sections 2, 3, 4, 5, 6 and 7 of this Agreement shall survive the completion of the performance of the Printing Services and any other termination or expiration of this Agreement.