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Terms of Service

Last Updated: Aug 28, 2012 12:42PM EDT
TERMS OF USE
The following terms of use (the "Terms of Use") govern your access to and use of this web site (the "Site"). These Terms of Use form an agreement between Printchomp Inc. ("Printchomp") and you. The term "you" refers to the customer visiting the Site or purchasing printing services through the Site. By accessing and using (the term “use” when used herein in respect of the Site will mean access or use, and using will have a corresponding meaning) the Site, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not access or use the Site.
The Site is provided solely to assist customers in gathering information about printing services providers (“Printers”), determining the availability of printing-related goods and services (“Printing Services”), making purchases of Printing Services from Printers, and for no other purposes (the “Permitted Use”).
Changes to these Terms of Use and Site
Except where prohibited by applicable law, Printchomp reserves the right to change these Terms of Use at any time without notice. Your continued access to or use of the Site after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.
Printchomp reserves the right to change any information, material or content (including, but not limited to, price and availability of Printing Services and reviews of Printers) contained on the Site (the "Content") at any time, and from time to time, without notice.
Use of the Site
As a condition of your use of the Site, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Site in accordance with the Terms of Use; and (d) all information supplied by you on the Site is true, accurate, current and complete.
Printchomp retains the right, at its sole discretion, to deny access to anyone to the Site or the services it offers, at any time and for any reason, including, but not limited to, for violation of the Terms of Use. You agree to cease and desist from any such access or use immediately upon request by Printchomp.
Agreements with Printers and Printer Terms of Service
When you use the Site to purchase Printing Services you are purchasing those Printing Services from the Printer you select, and not from Printchomp. The Printing Services you purchase are sold to you by the Printer pursuant to that Printer’s terms of service. Please read those terms of service carefully. You agree to abide by the terms of service imposed by any Printer with whom you elect to deal through the Site.
The Site provides you quotes for Print Services from Printers and makes it easy for you to purchase Print Services from those Printers by collecting payment from you and submitting it to the Printers. When you select a quote from a Printer (and make a payment for those Print Services), you are not entering into an agreement with that Printer, you are simply making an irrevocable and unchangeable offer to purchase Print Services from them on the specifications (including, but not limited to, the files you provide for printing by the Printer) you select using the Site. The Printer will review those specifications, confirm the validity of their quote, and, if appropriate, accept the offer – at which point you will receive a confirmation notice from us and will have entered into a binding and unchangeable agreement for Print Services with the Printer. Sometimes, after reviewing your specifications it will be necessary for the Printer to change their quote. Printchomp will notify you if this happens and you will be provided with 24 hours to confirm whether you still wish to proceed.
You should not take any action based on booking Print Services on this Site until you have received a confirmation of your transaction. Printchomp sends confirmations a soon as it has confirmation from the Printer. If you have not received a confirmation of your transaction via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department at support@printchomp.com.
Reviews and Comments
By submitting content to the Site or Printchomp, including any Printer reviews, questions, comments, suggestions, ideas or the like (collectively, “Submissions”), you grant Printchomp and its affiliates, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Printchomp may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a Printer review that you submit) at our discretion, and that such submissions may be shared with Printers and others using our Site. You further grant Printchomp the right to pursue at law any person or entity that violates your or Printchomp’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Printchomp takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Printchomp has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submission are published on the Site. If you do not agree to these terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Site). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Site. You acknowledge that Printchomp may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same Printer, only your most recent submission is eligible for use.
Ownership
All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site, are owned or licensed by Printchomp and are protected by copyright, trade-mark and other intellectual property laws.
Any rights not expressly granted herein are reserved.
"Printchomp" is either a registered trade-mark or trade-mark of Printchomp Inc. in Canada and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
All contents of this Website are: © 2012 Printchomp Inc.
Privacy Statement
Please click here to review our current Privacy Statement, which forms a part of these Terms of Use, to understand our practices regarding your personal information: Privacy Statement.
Please note, Printers may have additional privacy policies or statements which govern their use of your personal information. Please read those additional privacy policies or statements carefully. You agree to abide by those additional privacy policies or statements imposed by any Printer with whom you elect to deal through the Site.
No Unlawful or Prohibited Use
You agree that you will not, without Printchomp's prior written permission, use the Site and the Content for purposes other than the Permitted Use. You also agree that you will not, without Printchomp's prior written permission: (a) “frame”, “mirror” or otherwise incorporate the Site or the Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any Content of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;(d) take any action that imposes, or may impose, in Princtchomp’s discretion, an unreasonable or disproportionately large load on its infrastructure; or (e) deep-link to any portion of the Site (including, without limitation, the purchase path for any Print Services) for any purpose.
You acquire absolutely no rights or licences to the Site or the Content, other than the limited right to use the Site and the Content in accordance with these Terms of Use. While you may view the Site and Content through a web browser and make limited copies of information about Print Services you purchase through the Site, you otherwise agree that no part of the Site or the Content may be copied, reproduced, modified, distributed, transferred, sold, published, broadcast, performed, transmitted, published, licensed or circulated in any form without the prior written consent of Printchomp.  The creation of derivative works based on the Site or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Site, without the prior written consent of Printchomp, is strictly prohibited.
Third Party Sites
The Site may provide links to third party web sites. Printchomp does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Printchomp's control, and if you choose to access any such web site, you do so entirely at your own risk.
Viruses
The downloading of Content is done at your own risk. Printchomp cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer system(s) or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your computer(s) system that may be necessary as a result of your use of the Site.
Communications Not Confidential
Printchomp does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site.
Disclaimer and Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. PRINTCHOMP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAITON, PRICING ERRORS. PRINTCHOMP DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT. IN ADDITION, PRINTCHOMP EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE.
PRINTER REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND PRINTCHOMP DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. PRINTCHOMP MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRINT SERVICES.
 
TO THE FULLEST EXTENT PERMITTED BY LAW, PRINTCHOMP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL PRINTCHOMP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT PRINTCHOMP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.
THE PRINTERS PROVIDING PRINT SERVICES ON THE SITE ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF PRINTCHOMP. PRINTCHOMP IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PRINTERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR PRINT SERVICES PERFORMED BY A PRINTER.
 
If, despite the limitation above, Printchomp is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Printchomp will in no event exceed, in the aggregate, the greater of (a) the fees you paid to Printchomp in connection with the applicable Print Services purchased on the Site, or (b) one-hundred Canadian dollars (CDN$100.00) or the equivalent in local currency.
 
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
 
Indemnification
You agree to defend and indemnify Printchomp and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of these Terms of Use or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of the Site.
Geographic Application of the Site
Not all of the products and services described on the Site are available in all jurisdictions. Furthermore, nothing on the Site constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the Province of Ontario and the applicable laws of Canada. These laws apply to your access to or use of the Site or the Content, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Site.
Entire Agreement, Waiver and Severability
These Terms of Use constitute the entire agreement between Printchomp and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Printchomp with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Printchomp's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right.
If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. 
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