Terms and Conditions

Welcome to the Imprint Plus web site (the “Site”). These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the Site so please read them carefully. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. Imprint Plus, a division of CCL Industries, Inc. (Imprint Plus) reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Imprint Plus for other products or services.

Any questions or comments about the Site or its contents should be directed to dataprotectionofficer@imprintplus.com.

1. Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the Imprint Plus logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials”) thereof are the property of Imprint Plus, ALL RIGHTS RESERVED Copyright © 2009 Imprint Plus, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Imprint Plus or the respective copyright owner.

2. Trademarks and Service Marks

Imprint Plus, the Imprint Plus logo, and the source identifier of the products and services described in this Site, including without limitation, IMPRINT PLUS, are either trademarks, service marks or registered trademarks of Imprint Plus and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Imprint Plus or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are copyrighted material and/or trade dress of Imprint Plus, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Imprint Plus. All other trademarks, registered trademarks, product names and Imprint Plus names or logos mentioned herein are the property of their respective owners.

3. Use of Site

Imprint Plus grants you a limited license to use this Site to make legitimate orders and purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale of the Site or content therein; (b) making derivative uses of the Site and its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Imprint Plus or any third party. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Imprint Plus, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of Imprint Plus or the respective copyright owner, (a) copy, publish, or post any materials on any website, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You may not use, frame or utilize framing techniques to enclose any Imprint Plus trademark, logo, copyrighted material or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Imprint Plus’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an Imprint Plus name, trademark, service mark or product name without Imprint Plus’s express written consent.

4. Age and Responsibility

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.

5. Termination

You agree that Imprint Plus, in its sole discretion, may terminate your use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if Imprint Plus believes that you have violated or acted inconsistently with the Terms of Use or applicable laws or regulations. Imprint Plus may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that Imprint Plus may immediately deactivate or delete your Customer Account and all related information and files in your account and/or bar any further access to the Site. Further, you agree that Imprint Plus shall not be liable to you or any third party for any termination or restriction of access to the Site.

6. Disclaimer of Warranties and Representations

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY IMPRINT PLUS TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. IMPRINT PLUS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE IMPRINT PLUS SITE, ITS OPERATION, CONTENTS, INFORMATION, OR MATERIALS.

IMPRINT PLUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IMPRINT PLUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMPRINT PLUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

7. Limitation of Liability

YOU AGREE THAT IMPRINT PLUS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMPRINT PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IMPRINT PLUS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE COMPENSATION YOU PAID IMPRINT PLUS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. THE PRECEDING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF IMPRINT PLUS’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

8. Indemnification

You shall indemnify, defend and hold harmless Imprint Plus, its affiliates, licensors, and subsidiaries and their officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited any violation by you of the Terms of Use. Imprint Plus reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

9. Links

This Site may contain links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Imprint Plus of the linked web site or information contained therein. Imprint Plus shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.

10. Relationship

The relationship between Imprint Plus and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.

11. Governing Law

This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Agreement.

12. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

13. Severability

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Headings

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

15. Entire Agreement

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

16. Pricing & Promotions

Items in your Shopping Cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Cart. Imprint Plus reserves the right to limit quantities and to refuse to sell to any person whom Imprint Plus believes may be purchasing for resale.

Imprint Plus works hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, Imprint Plus will cancel your order of that item and notify you of the cancellation.

Offer Details: Only one promotion code can be used per order. Savings will be reflected in your shopping cart. Discounts cannot be applied to shipping and processing, taxes, subscription or design services, or previous purchases. Additional charges may apply for shipping and processing, and taxes, unless otherwise specified.

17. Risk of loss

Risk of loss and title for items purchased from Imprint Plus pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

18. Returns, Refunds and Title

Imprint Plus does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Imprint Plus does not take title to the refunded item. For more information please contact our customer service department at customerservice@imprintplus.com

19. Guidelines for the Use of Imprint Plus Templates and Software

IMPRINT PLUS TEMPLATES AND SOFTWARE ARE TO BE USED TO PRINT ON IMPRINT PLUS BRANDED PRODUCTS ONLY. YOU MAY NOT MODIFY OR USE ANY PART OF THE SOFTWARE TO PRINT ON NON-IMPRINT PLUS BRANDED PRODUCTS. IF YOU USE THE SOFTWARE OR ANY MODIFIED VERSION OF THE SOFTWARE WITH PRODUCTS THAT ARE NOT IMPRINT PLUS BRANDED, SUCH USE IS UNAUTHORIZED AND CONSTITUTES COPYRIGHT INFRINGEMENT. ALL RIGHTS GRANTED HEREIN IMMEDIATELY TERMINATE AND AUTOMATICALLY REVERT IN FULL TO IMPRINT PLUS.

Imprint Plus Software contains numerous photo images and clip art (collectively referred to as the "Images") which are either owned by Imprint Plus or licensed from a third-party. As a user of the website, you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the Guidelines set out below, seek the advice of your own attorney or legal counsel. Imprint Plus will not provide you with an opinion as to whether your use complies with these Guidelines. .

YOU MAY, subject to any restrictions set out below:

 

  • Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;
  • Make one (1) copy of the Image(s) for backup or archival purposes.

YOU MAY NOT:

 

  • Create scandalous, obscene, defamatory, immoral, or otherwise inappropriate works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law; Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
  • Use the Image(s) in electronic format, on-line, or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;
  • Rent, lease, sublicense, or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
  • Use any Image(s) except as expressly permitted by this License;
  • Upload or create any content that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy, and intellectual property;
  • Upload or create any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. You can't use images that you do not have permission to use. You cannot create a "new" image using elements from images other people have created. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content;
  • Upload or create any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would violate any laws. 

20. Additional Terms

As part of the Imprint Plus services, Imprint Plus is not responsible for any of the following: grammatical errors made by you, spelling, punctuation, low-resolution or inferior quality of uploaded images, your design errors in the creation process, errors in user-selected options, the type or quantity of event badges, name tags, lanyards, and other products ordered, and damage to the products arising after delivery to you. Please preview your design proofs carefully and correct any mistakes before placing your order. Please note that Imprint Plus does not proof event badges, name tags and other products created by its customers prior to processing.