You are granted permission to access and use this Site and its Content for the sole purpose of uploading information, including pictures, your name and contact information and information about your or a third party’s business (collectively, “Uploaded Content”).
Intellectual Property Rights of Vistaprint
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). All of the Content on the Site, as well as the trademarks, service marks, and logos contained on the Site (“Marks”) are owned by or licensed to Vistaprint and are subject to copyright and other intellectual property rights under United States and other foreign or national laws and international conventions. All rights in this Site and its Content and Marks are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, make adaptations of, or use any portion of the Content except as expressly allowed in these Terms. Vistaprint reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or Vistaprint, remain the property of Vistaprint and its licensors.
Your Use of the Website
When you use this Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; © you are not violating any applicable law or regulation; (d) you are 13 years of age of older; and (e) you will comply with the Requirements for Uploaded Content, as discussed below.
Requirements for Uploaded Content
When you upload Uploaded Content, you representation and warrant that you:
- own or have sufficient rights to upload and post your Uploaded Content on or through this Site;
- will not upload Uploaded Content that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person (whether natural, corporate or unincorporated (and whether or not having separate legal personality);
- have fully complied with any third-party licenses relating to the Uploaded Content, agree to pay for all royalties, fees and any other monies owing any person by reason of Uploaded Content that you upload to the Site;
- will not upload Uploaded Content that is defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable or that incites encourages or threatens immediate physical harm against another, including but not limited Uploaded Content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual;
- will not upload Uploaded Content that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Vistaprint or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
- will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site, or use the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
- will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
Vistaprint’s Use of Uploaded Content
Vistaprint needs a license from you so that we can use your Uploaded Content on the Site or elsewhere. By uploading Uploaded Content to the Site, you grant to Vistaprint a perpetual, non-exclusive (meaning you are free to license your Uploaded Content to anyone else in addition to Vistaprint), sublicensable (meaning that Vistaprint can sublicense its rights to third parties) and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, adapt, publicly perform, publicly display, reproduce, rent, sell and distribute (collectively, “Commercialize”) all Uploaded Content. Such Uploaded Content may include any type of visual or digital recording whatsoever, regardless of format or media, now existing or later developed, such as photographs, digital images, videos, drawings, renderings, and accompanying written testimonials, endorsements, captions and descriptions and recorded audio.
You also give your consent and unrestricted right and permission to Vistaprint’s contractors, agents, advertisers and marketing partners (collectively, “Vistaprint Partners”), and hereby authorize Vistaprint and Vistaprint Partners to Commercialize the Uploaded Content in any manner and for any lawful purpose, including, but not limited to, marketing, promotional, advertising, offer, sale and trade. You agree that you will not have any right to be notified of, inspect or approve any uses of Uploaded Content. You further consent to the use of identifying information including, but not limited to, your name, business name, address, email address, website, and phone number (“Personal Information”) in connection with all permitted and lawful uses of the Endorsing Content stated herein.
You release, remise and forever discharge Vistaprint and Vistaprint Partners, together with its/their respective affiliates, and its/their respective officers, directors, employees and those acting pursuant to its or their authority from any and all liability for any violation of any personal or proprietary right you may have in connection with the recording or use of you Uploaded Content and/or your Personal Information and for any blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be produced in the recording of the visual images or in any subsequent processing, use or publication thereof.
Whenever you visit the Site, we automatically collect some information, including your IP address, the type of operating system and web browser you use and related information. We also automatically track certain information about your activities on the Site such as the pages you visit. We may link this automatically-collected data to the Personal Information and Uploaded Content.
The Site uses “cookies” and files that are similar to cookies. Cookies are alphanumeric identifiers created by your browser at our request and stored on your computer. When the cookie is stored on your computer, Vistaprint assigns you a unique code. When you return to the Site, we read the cookie to identify you as returning visitor and help recall any preferences you have selected. The cookie also enables us to recall your past activities, post your account data, and tailor site elements to you. No Personal Information about you is stored on the cookie.
Most Web browsers accept cookies by default, but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies or if you delete your cookies, some aspects of the Site will not work properly.
Any Uploaded Content, with the exception of contact information, may be published on the site and therefore be made public.
We use the information that we collect about you to maintain, improve, and administer the Site, operate our business, publish information about microbusinesses and marketing Vistaprint products and services.
We may use Personal Information to communicate with you about your Uploaded Content and to provide you with updates on the Site.
Vistaprint processes and stores data in Devonshire, Bermuda and in other locations for back-up and recovery purposes or to enable us to offer you certain services. Depending on where you are located, Bermuda and the other jurisdictions where we store data may not have data protection laws that provide an equivalent level of protection to the laws in your home country or jurisdiction. By using the Website and providing us with your Personal Information, you are consenting to the transfer and processing of your Personal Information in jurisdictions outside of your home country or jurisdiction.
Warranty and Limitation of Liability
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
IN NO EVENT SHALL VISTAPRINT OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR CONTENT THEREIN, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VISTAPRINT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VISTAPRINT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR UPLOADED CONTENT.
You agree to indemnify and hold Vistaprint, its subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Content or Marks in violation of these Terms, and/or arising out your uploading of your Uploaded Content, Vistaprint’s use of your Uploaded Content and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the Netherlands. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Amsterdam, the Netherlands. You agree to submit to the jurisdiction of courts sitting in Amsterdam, the Netherlands and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Vistaprint that a court sitting in Amsterdam is an inconvenient forum for such legal action or proceeding.